- 1 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISC. FIRST APPEAL NO.204328 OF 2023 (MV-D) BETWEEN: 1. BANNURAO S/O BILLA RATHOD, AGE: 46 YEARS, OCC: AGRICULTURE, 2. JANABAI W/O BANNURAO, AGE: 42 YEARS, OCC: HOUSEHOLD, 3. RAJESH S/O BANNURAO, AGE: 23 YEARS, OCC: STUDENT, ALL ARE R/O DEVI NAGAR THANDA, BHATAMBRA, TQ. BHALKI, DIST. BIDAR-585 328. …APPELLANTS (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. SAI AGENCY REPRESENTED BY MAHADEV S/O NAMDEV AKANDERI, AGE: 69 YEARS, OCC: BUSINESS, R/O 103, B. PRAKASH NAGAR, CHETAN NIWAS, NEAR NARAHARE CLASSES, DIST. LATUR-413 512, (OWNER OF VEHICLE BEARING REG. NO.MH.24/AU.2438). LUCYGRACE Digitally signed by LUCYGRACE Date: 2025.02.14 11:19:03 - 0800 - 2 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 2. THE MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., OPP. K.I.M.S. HOSPITAL GATE, P.B. ROAD, VEERUPAKSHA BUILDING, VIDYA NAGAR, HUBLI-580 021, (VIDE POLICY NO.2315202459132900000, VALID FROM 18.10.2018 TO 17.10.2019). …RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2; V/O DTD. 02.01.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCED THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 14-02-2023 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT., BHALKI IN MVC NO.368/2019. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel for the appellants and the respondent No.2. 02. Being aggrieved by the judgment and award passed in MVC.No.368/2019 by the learned Senior Civil Judge and Additional MACT, Bhalki, the petitioners are before this Court seeking enhancement of compensation. - 3 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 03. The factual matrix of the case is that on 25.05.2019, the son of the petitioners No.1 and 2 and brother of the petitioner No.3 by name Rahul was traveling on the motorcycle bearing Reg.No.KA-39-K-9444 and a Mahindra pick-up vehicle bearing Reg.No.MH-24-AU-2438 came in high speed, rash and negligent manner collided with the motorcycle, resulting in the deceased - Rahul sustaining a grievous injuries and later he died in the hospital. The petitioner alleged that the accident was due to the negligence on the part of the driver of the offending vehicle. The deceased was aged about 20 years and had completed his ITI Training and was a skilled worker. As such, he was to be appointed at Alfa Infra Equipments India Private Limited, at Nagapur (Maharastra State) on a monthly salary of Rs.15,000/-. It is submitted that the petitioners have lost their bread earner. Therefore, they are entitled for compensation. - 4 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 04. The petition was opposed by the respondent No.2 - insurance company contending that the compensation claimed is highly exaggerated and speculative. It denied the age, income and occupation of the deceased. It was alleged that there was no insurance, the terms and conditions of the policy were violated. As such, the respondent No.2 - insurance company is not liable to pay the compensation to the petitioners. 05. The Tribunal framed the appropriate issues and the father of the deceased was examined as PW.1 and Ex.P1 to Ex.P.18 were marked. The official of the respondent No.2 - insurance company was examined as RW.1 and two witnesses were examined on its behalf as RW.2 and RW.3 and Ex.R.1 to 12 were marked in the evidence. 06. After hearing both sides, the Tribunal considered the notional income of the deceased at Rs.13,000/- by disbelieving the Ex.P.9 and awarded a total compensation of Rs.20,60,600/- under the following heads:- - 5 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 Sl. No. Heads Compensation Awarded 1. Medical expenses Rs.40,000/- 2. Loss of dependency and future prospects Rs.19,65,600/- 3. Funeral Expenses and Transportation of dead body Rs.15,000/- 4. Loss of Consortium Rs.20,000/- 5. Loss of Estate Rs.20,000/- Total Rs.20,60,600/- 07. Being aggrieved by the same, the petitioners are before this Court in appeal. 08. The learned counsel appearing for the petitioners would submit that voluminous documents regarding the appointment of the deceased and his educational qualifications produced at Exs.P.9, 10, 11 and 12, were not properly appreciated by the Tribunal. It is submitted that the deceased - Rahul was a ITI qualified fitter and he was about to join for his employment on 01.06.2019, but the fate has taken him away from this world on 25.05.2019. Therefore, he contends that the income of the deceased as mentioned in Ex.P.9 should have been considered by the Tribunal. - 6 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 09. Per contra, the learned counsel appearing for the respondent No.2 - insurance company would submit that the author of Ex.P.9 has not been examined. Therefore, the Tribunal is justified in taking the notional income at Rs.13,000/- per month. 10. The perusal of Ex.P.9 would show that the deceased was appointed as a fitter on a consolidated salary of Rs.15,000/- per month, which was to take effect from 01.06.2019. Even though, Ex.P.9 could have been brushed aside by the Tribunal on the ground that the author of the said document is not examined, but the marks cards produced by the petitioners at Ex.P.10 (which are 5 in numbers) and the Ex.P.12 certificate issued by Ministry of Skill Development and Entrepreneurship, wherein he was qualified to be a fitter, the same could not have been ignored by the Tribunal. - 7 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 11. In normal circumstances, the notional income would be considered where there is no proof of either the qualifications of the deceased or the proof of the income. When Ex.P.10 and Ex.P.12 clearly mentioned that he was a skilled fitter and he was to be appointed at the salary of Rs.15,000/- per month, this Court feels that his qualifications as a fitter and such skill has not been properly considered by the Tribunal. Therefore, the notional income could not have been adopted. In that view of the matter, the income of the deceased deserves to be taken at Rs.15,000/- per month. By adding 40% (Rs.6,000/-) to the same as future prospects the multiplicand is held at Rs.21,000/- per month. Therefore, the compensation under the head of loss of dependency is calculated as Rs.21,000/- x 12 x 18 x 50% = Rs.22,68,000/-. 12. In addition to the above compensation, the petitioners are also entitled for the compensation under the head of loss of love and affection at Rs.52,000/-. - 8 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 Under the head of funeral expenses at Rs.19,500/-, under the head of loss of estate at Rs.19,500/- is awarded (by escalating 10% at every 3 years as held in the case of National Insurance Company Limited vs. Pranay Sethi1). 13. Therefore, the petitioners are entitled for total compensation of Rs.2,98,400/- under the following heads:- Sl. No. Heads Compensation Awarded by this Court 1. Loss of dependency Rs.22,68,000/- 2. Towards consortium Rs.52,000/- 3. Loss of funeral expenses Rs.19,500/- 4. Towards loss of estate Rs.19,500/- Total Less: Awarded by the Tribunal Rs.23,59,000/- Rs.20,60,600/- Total enhancement Rs.2,98,400/- 14. Hence, appeal deserves to be allowed in part. Therefore, the following; 1 (2017) 16 SCC 680 - 9 - NC: 2025:KHC-K:973 MFA No. 204328 of 2023 O R D E R I. The appeal is allowed in part. II. The appellants are entitled for a sum of Rs.2,98,400/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from date of petition till the date of deposit. III. Rest of the order passed by the Tribunal regarding apportionment, deposit etc., remain unaltered. Sd/- (C M JOSHI) JUDGE KJJ/SBS List No.: 1 Sl No.: 81 CT: AK