- 1 - NC: 2025:KHC-D:658-DB MFA No. 101009 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 101009 OF 2017 (MV-D) BETWEEN: 1. HEMALATH W/O. ASHOK KATTIMANI, AGE: 36 YEARS, OCC: HOUSEWIFE, R/O. C/O. ASHOK S. GUNJIKAR, SHREE GURU KRUPA BUILDING, FIRST MAIN, 4TH CROSS, NARAYANPUR, DHARWAD. 2. KUM. VARSHINI D/O. ASHOK KATTIMANI, AGE: 10 YEARS, OCC: STUDENT. 3. KUM. ANUSHA D/O. ASHOK KATTIMANI, AGE: 6 YEARS, OCC: STUDENT. 4. KUM. SUMITHSATYA S/O. ASHOK KATTIMANI, AGE: 3 YEARS, OCC: NIL, APPELLANT NO.2 TO 4 ARE MINORS REPRESENTED BY THEIR MOTHER AS THEIR NEXT FRIEND/ GUARDIAN I.E APPELLANT NO.1. …APPELLANTS (BY SMT. SHIVALEELA M. ARAHUNASI, ADV. FOR SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. DADASAB S/O. BABUSAB LOKAPUR, AGE: MAJOR, OCC: BUSINESS, R/O. 271/ H.NO. 1, A. P KALADAGI, TQ & DIST: BAGALKOT. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:658-DB MFA No. 101009 of 2017 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD, MALLIKARJUN COTTON, PRESSING FACTORY, KALADAGI ROAD, BAGALKOT. 3. HANAMANTH S/O. SATYEPPA KATTIMANI, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. BASAVANABAGEEADI, DIST: BIJAPUR. 4. SHASHIJOSNA W/O. HANAMANTH KATTIMANI, AGE: 63 YEARS, OCC: HOUSEHOLD, R/O. BASAVANBAGEEADI, DIST: BIJAPUR. 5. NAMADEV S/O. PANDU RATHOD, AGE: MAJOR, OCC: GOVT.SERVANT, R/O. TIMMAPUR, TQ & DIST: BAGALKOT. 6. NATIONAL INSURANCE COMPANY LTD, DIV.NO.10, FLAT NO.101-106, N-1, BMC HOUSE, CUNNAUGHT PLACE, NEW DELHI-110001. THE MANAGER, NATIONAL INSURANCE COMPANY LTD, NEAR HEAD POST, HUDDAR BUILDING, DHARWAD. …RESPONDENTS (BY SRI. N. R. KUPPELUR, ADV. FOR R2 AND R6; SRI. E. VEERESHA, ADV. FOR R4; NOTICE TO R1 AND R5 ARE SERVED; V/O.DTD. 01.08.2024 APPEAL AS AGAINST R3 DISMISSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.08.2016 PASSED IN MVC NO.473/2013 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M AND ADDL. MACT, DHARWAD IN SO FAR AS DENYING THE COMPENSATION IN EXCESS OF RS.82,62,896/- AND TO AWARD THE COMPENSATION AS PRAYED BY THE APPELLANTS BEFORE THE MACT BY ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:658-DB MFA No. 101009 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the claimants in MVC No.473/2013 on the file of the Principal Senior Civil Judge and CJM and Additional MACT, Dharwad (‘the Tribunal’). The Tribunal by the impugned order dated 29.08.2016, has allowed the claimants’ petition under Section 166(1) of the Motor Vehicles Act, 1988, [‘the M.V. Act’] granting compensation of Rs.82,62,896/- along with interest at 8% per annum. This award of Rs.82,62,896/- is under the following heads: SL. NO. VARIOUS HEADS AMOUNT (RS) 1. Loss of Dependency 79,87,896/- 2. Loss of consortium 1,00,000/- 3. Loss of love and affection 1,00,000/- 4. Loss of estate 50,000/- 5. Transportation, Funeral and obsequies 25,000/- TOTAL 82,62,896/- 2. The undisputed facts are that the deceased, Mr. Ashok Kattimani, was driving a Maruti Car towards Bagalkot when the offending vehicle [a Lorry bearing - 4 - NC: 2025:KHC-D:658-DB MFA No. 101009 of 2017 registration No.KA-22-7562] coming from the opposite side dashed against the car, that Mr. Ashok Kattimani died because of the injuries suffered in the accident, that he was working as an Assistant Executive Engineer, Rural Sub- Division, HESCOM, Bagalkot and was aged about 41 years as on the date of the accident. 3. The Tribunal, while holding the driver of the offending vehicle responsible for the accident, has relied upon from Ex.P.16 [Form No. 16] to take the actual annual income of the deceased minus the tax payable to arrive at the net annual income of the deceased and with the addition of 30% towards future prospects and deducting 1/4th towards personal expenses because four claimants were depending on him. The Tribunal has awarded a sum of Rs.79,87,896/- applying the multiplier of ‘14’. In addition, the Tribunal has awarded Rs.2,50,000/- towards loss of consortium/ love and affection and loss of estate. - 5 - NC: 2025:KHC-D:658-DB MFA No. 101009 of 2017 4. Ms. Shivaleela M. Arahunasi, the learned counsel for the claimants, canvasses that there must be enhancement of compensation awarded because the Tribunal has not awarded just and reasonable compensation towards loss of consortium and loss of dependency and that the Tribunal should have taken higher income of the deceased to compute loss of dependency. However, the learned counsel cannot refute that after the decision of the Hon’ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi1 the loss of consortium is awarded at Rs.40,000/- per dependent with enhancement at 10% for every three years. 5. The Tribunal, perhaps because the deceased has left behind three minor children with one child just four months old as on the date of the accident, has granted Rs.2,00,000/- as consortium. This Court is therefore of the opinion that there is just compensation under this head as is towards loss of dependency and therefore, there is no reasons for interference. 1 (2017) 16 SCC 680 - 6 - NC: 2025:KHC-D:658-DB MFA No. 101009 of 2017 The appeal stands dismissed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/ct-an List No.: 1 Sl No.: 37