- 1 - HC-KAR NC: 2025:KHC:38056 MFA No. 6931 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6931/2017 (MV-D) BETWEEN: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT. 2. THE KARNATAKA GOVT. INSURANCE DEPARTMENT, TUMKUR. &APPELLANTS (BY SRI. R.A. MACHAKANUR, AGA) AND: KARIYAMMA W/O LATE BADAVEGOWDA YALERAMPURA, IRAKASANDRA COLONY POST NOW RESIDING AT HANUMANTHAPURA TUMKUR. &RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE TRIBUNAL IN MVC NO.184/2011 ON THE FILE OF FIRST TRACT AND ADDL. MACT-V AT TUMKURU, VIDE ITS JUDGMENT AND ORDER DATED 17TH NOVEMBER 2014 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:38056 MFA No. 6931 of 2017 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred against the award dated 17.11.2014 passed in MVC No.184/2011 by the Presiding Officer, Fast Track Court, Tumkur (for short, 'Tribunal'). 2. It is the case of the respondent/claimant that on 01.05.1996, when one Badavegowda along with his grandmother was crossing the NH-4 road at Agalakuppe Cross, a car bearing Reg.No.KA-06-G-72 came at high speed, in a rash and negligent manner and dashed against Badavegowda as a result he sustained injuries and died. His mother and Kariyamma, w/o late Badavegowda filed claim petition claiming compensation of Rs.5,00,000/- with interest at 12%p.a. The Tribunal considering the entire evidence on record, granted Rs.4,71,000/- with interest at the rate of 6%p.a. from date of petition till realisation. 3. Aggrieved by the said award of the Tribunal, respondents therein i.e., Deputy Commissioner and the - 3 - HC-KAR NC: 2025:KHC:38056 MFA No. 6931 of 2017 Karnataka Government Insurance Department, have preferred this appeal. They mainly contended that as per the judgment of the Hon'ble Supreme Court in the case of SARLA VERMA (SMT) AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1, the multiplier is to be taken basing on the age of the mother and not basing on the age of the deceased. They also contended that no legal heir certificate is filed to show that the respondent/claimant is the mother of the deceased. 4. Heard the learned counsel for the appellant for the appellants. Inspite of service of notice, respondent/claimant remained absent. 5. The perusal of the judgment of the Tribunal shows that the grand mother of the deceased was examined and she stated that claimant is her daughter and thus the Tribunal has rightly held that she is the mother of the deceased and this Court finds no reasons to 1 (2009) 6 SCC 121 - 4 - HC-KAR NC: 2025:KHC:38056 MFA No. 6931 of 2017 interfere with the said order. Though the appellants have contended that the multiplier is to be modified as per the age of the mother, but it is clear that multiplier is to be taken considering the age of the deceased. Admittedly, the deceased was aged 12 years at the time of accident, he met with an accident. Considering the age of the deceased, a minor boy, the Tribunal has taken the multiplier as 15 and notional income as Rs.30,000/-p.a. and granted compensation of Rs.4,50,000/- towards loss of dependency and awarded total compensation of Rs.4,71,000/-, and this Court finds no reasons to interfere with the said order. In the result, the appeal filed by the appellants is dismissed confirming the judgment and award passed by the Tribunal. Sd/- (P SREE SUDHA) JUDGE BSR/List No.: 1 Sl No.: 24