- 1 - NC: 2025:KHC-D:5561 MFA No. 22024 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 22024 OF 2013 (MV-D) BETWEEN: UNITED INDIA INSURANCE CO. LTD, BY ITS BRANCH MANAGER, MEELLIGERI COMPLEX, BAGALKOT, HEREIN REPTD BY UNITED INDIA INSURANCE CO. LTD, DIVISIONAL OFFICE, SEETA SMRUTHI, MARUTI GALLI, BELGAUM, REPTD. BY ITS SR. DIVISIONAL MANAGER. …APPELLANT (BY SRI. R. R. MANE, ADVOCATE) AND: 1. CHANDAPPA SHIVAPPA LINGARADDI, AGE 77 YEARS, OCC: AGRICULTURE, R/O. KARABANTNAL, TQ: B. BAGEWADI, DIST. BIJAPUR. 2. SMT. BASAMMA W/O. CHANDAPPA LINGARADDI, AGE 72 YEARS, OCC: HOUSEHOLD WORK, R/O. KARABANTNAL, TQ: B. BAGEWADI, DIST. BIJAPUR. 3. BASAVARAJ ADIVEPPA METI, AGE MAJOR, OCC: OWNER OF VEHICLE, R/O. 13TH CROSS, VIDYAGIRI, BAGALKOT. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, ADV. FOR R1; NOTICE TO R2 & R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT 1988, PRAYING TO CALL FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 08.10.2012 PASSED BY THE MEMBER, MACT-II, BAGALKOT, IN MVC NO.258/2011 AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5561 MFA No. 22024 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard the learned advocate for the appellant. 2. The insurer filed this appeal challenging the judgment and award dated 08.10.2012 passed in MVC No.258 of 2011 by the MACT-II, Bagalkot. 3. Brief facts of the case are that on 26.05.2010 around 11:30 p.m. deceased Nanagouda Lingaraddi met with an accident due to rash and negligent driving Tipper Lorry bearing registration No.KA-29.A-1123 by its driver. As a result of which he sustained fatal injuries and succumbed to the injuries while shifting to the hospital. The deceased was unmarried and was working as a PACL agent and earning Rs.6,500/- per month. He was also agent of LIC and earning Rs.4,000/- as commission. He was aged about 36 years. Claimants are his parents. With these reasons prayed to award compensation. - 3 - NC: 2025:KHC-D:5561 MFA No. 22024 of 2013 4. The Tribunal after considering the contention of the parties, assessed the age of deceased as 36 years, his income as Rs.3,000/- per month, applied multiplier as 17 and assessed compensation of Rs.4,26,000/-. 5. The main grievance of the appellant/insurer is that deceased was a bachelor, therefore Tribunal instead of deducting 50% of his income, had deducted 1/3rd and awarded higher amount of compensation. 6. The impugned award was passed during the year 2012. In view of the law laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680 the amount of compensation awarded by the Tribunal is meager. If it is re-considered on the basis of the law laid down in the case of Pranay Sethi referred supra, higher amount of compensation needs to be awarded. Claim petition was filed about 14 years back and much water has already flown under the bridge. Therefore, at this juncture after lapse of around 14 years, reducing the amount of - 4 - NC: 2025:KHC-D:5561 MFA No. 22024 of 2013 compensation is not justifiable. In all Tribunal has awarded just amount of compensation. The appeal do not have any merit consideration. Accordingly I proceed to pass the following: ORDER i. Appeal is dismissed. ii. The impugned judgment and award dated 08.10.20112 passed in MVC No.258 of 2011 by the MACT-II, Bagalkot is confirmed. iii. Whatever amount deposited by the appellant shall be transmitted to the Tribunal. iv. Send back the TCR along with copy of this judgment. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 1