- 1 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 3922 OF 2022 (MV-D) BETWEEN: 1. SMT VASANTH W/O LATE GOVINDASWAMY AGED ABOUT 58 YEARS, 2. SRI. MURALI S/O LATE GOVINDA SWAMY AGED ABOUT 39 YEARS, 3. SRI. UMAPATHI S/O LATE GOVINDASWAMY AGED ABOUT 39 YEARS, 4. SRI. RAMESHA, S/O LATE GOVINDASWAMY, AGED ABOUT 35 YEARS, ALL ARE R/AT NO.10, ANJANAPPA LAYOUT, NEAR ST. JOHN'S SCHOOL, AMRUTHAHALLI, SAHAKARANAGARA POST, BANGALORE NORTH, BANGALORE-560092. …APPELLANTS (BY SRI. NARASIMHA MURTHY G.V., ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 AND: 1. SRI. RAMESH M S/O MUNISHAMAPPA AGED MAJOR R/AT NO.136, THANISANDRA MAIN ROAD, NEAR MUNESHWARA TEMPLE, RACHENAHALLI, SHIVARAM KARANTH NAGARA, BANGALORE-560077. 2. MR. AMBARESH K.H. S/O HANUMEGOWDA, AGED 49 YEARS, R/AT NO.21, RACHENAHALLI, SHIVARAM KARANTH NAGARA, BANGALORE-560077. 3. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., KSCMF BUILDING, 3RD FLOOR, NO.8, CUNNINGHAM ROAD, BANGALORE-560052. …RESPONDENTS (BY SRI. PRADEEP B., ADV. FOR R3, V/O/D 01.07.2025 NOTICE TO R2 IS D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.01.2022 PASSED IN MVC NO. 4182/2019 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE, A.C.M.M AND MEMBER, M.A.C.T, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE G BASAVARAJA) Appellants claimants have preferred this appeal against the Judgment and Award dated 31st January 2022 passed in MVC No.4182 of 2019 by The Member, Motor Accident Claims Tribunal, XXI Additional District Judge of Small Causes Court and ACMM at Bengaluru (for short hereinafter referred to as the “Tribunal”), seeking enhancement of compensation. 2. Brief facts leading to this appeal are that on 4th May 2019 at 11:30 am, when Nataraj was crossing Dasarahalli Main Road near Hebbal, Bangalore, the driver of tractor and trailer bearing registration No.KA-51/T-6756/6757 came in a high speed and rash and negligent manner and dashed against him, the impact of which he fell and sustained fatal injuries and unfortunately succumbed to the injuries on the spot itself. Appellants being the dependents of the deceased, have filed claim petition before the Tribunal, seeking compensation. 3. To prove their case, appellant examined one witness as PW1 and marked twelve documents as per Exhibits P1 to P12. On behalf of respondents, four witnesses have been examined as RWs1 to 4 and nine documents were marked as - 4 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 Exhibit R1 to R9. Having heard the arguments, the Tribunal awarded compensation of Rs.14,14,000/-with interest at the rate of 6% per annum from the date of petition, till its deposit. Being aggrieved by the compensation awarded by the Tribunal, appellants have preferred this appeal seeking enhancement of compensation. 4. Learned counsel for the appellant, Sri Narasimha Murthy G.V., submits that, though claimants have stated in the claim petition that the deceased was earning Rs.18,000/- per month as a helper, the Tribunal has assessed the notional income at Rs.10,000/- per month, which is on the lower side. Further, he would submit that the Tribunal has not awarded proper compensation under other conventional heads. Accordingly, he sought for enhancement in the compensation. 5. On the other hand, Sri B Pradeep learned Counsel appearing for respondent-Insurance company, would submit that the Tribunal in the absence of documentary proof with regard to income, has taken the national income and has awarded and proper compensation, which does not call for - 5 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 interference in this appeal and hence short for dismissal of appeal. 6. We have given our anxious consideration to the contentions advanced by the learned Counsel for the parties. The occurrence of accident on 04th May, 2019 and the death Nataraj in the accident, is not in dispute. The Tribunal has taken the income of the deceased at Rs.10,000/- per month. Considering the date of accident, the income of the deceased requires a relook. Where the claimants have not proved the income with documentary evidence, notional income is to be taken. Accordingly, as per the guidelines issued by the Karnataka State Legal Services Authority, for the accidents of the year 2019, the notional income is to be taken at Rs.14,000/- per month. As per the decision of Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157, 40% is to be added towards future prospects. If that is added, the monthly income of the deceased would be Rs.19,600./-. It is evident from Exhibit P2-Aadhaar card that the deceased was aged 32 years as on the date of accident. The Tribunal has rightly taken the age of the deceased. As per - 6 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 the decision of Supreme Court, in the case of SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION LIMITED AND ANOTHER reported in (2009)6 SCC 121, the appropriate multiplier would be 16. As the deceased was bachelor as on the date of accident, 50% has to be deducted towards personal expenses. Hence, the compensation under the head loss of dependency would be Rs.18,81,600/- (Rs.9,800 x 12 x 16). The appellants are also entitled for compensation under conventional heads. Accordingly Rs.40,000/- is to be awarded to each of the appellants, which comes to Rs.1,60,000/-. The Tribunal has awarded proper compensation towards loss of estate and funeral expenses, which is left and disturbed. In the result, we proceed to pass the following: O R D E R 1. Appeal is allowed in part; 2. Judgment and award dated 31st January 2022 passed in MVC No.4182 of 2019 by The Member, Motor Accident Claims Tribunal, XXI Additional District Judge of Small Causes Court and ACMM at Bengaluru, is modified holding that the applicants are entitled for compensation - 7 - HC-KAR NC: 2025:KHC:23323-DB MFA No. 3922 of 2022 of Rs.20,71,600/- as against rupees Rs.14,14,000/- awarded by the Tribunal. It is made clear that the enhanced compensation carries interest at 6% per annum from the date of petition till its deposit; 3. Respondent insurance company shall deposit the compensation amount with accrued interest before the Tribunal within 60 days from the date of receipt of certified copy of this Judgment; 4. Apportionment and disbursement of the compensation amount shall be as per the award of the Tribunal; 5. Registry to draw award accordingly. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 20