- 1 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5549 OF 2017 (MV-D) BETWEEN: 1. SRI M P ESHWARAPPA S/O M P NARULAPPA AGED ABOUT 65 YEARS 2. KUM ASHWINI E D/O M P ESHWARAPPA AGED ABOUT 25 YEARS BOTH ARE R/O MANGDAGATTA VILLAGE SHIMOGGA TALUKU SHIMOGGA DISTRICT - 577 211 &APPELLANTS (BY SRI. ANANDA, ADVOCATE) AND: 1. SRI GANGADHARA @ GIRI S/O MANJAPPA AGED ABOUT 42 YEARS R/O MANGDAGATTA VILLAGE SHIMOGGA TALUKU SHIMOGGA DISTRICT - 577 211 2. NATIONAL INSURANCE COMPANY LIMITED IST FLOOR, SS COMPELX B H ROAD, SHIVAMOGGA TALUKU Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 SHIVAMOGGA DISTRICT - 577 211 DULY REPRESENTED BY ITS BRANCH MANAGER &RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2; R1 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2015 PASSED IN MVC NO.475/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT-VI, SHIVAMOGGA. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 15.12.2015 passed in MVC No.475/2014, by the Principal Senior Civil Judge and M.A.C.T-VI, Shivamogga for enhancing the compensation. 2. Heard the arguments of learned counsel for respondent No.2 and learned counsel for the appellants did not turn up. Hence, his arguments treated as nil. - 3 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 3. Brief facts of the case are that, Smt. Sakamma, met with an accident on 23.11.2012. Her husband and daughter filed claim application claiming compensation of Rs.12,40,000/. The Tribunal considering the entire evidence on record granted Rs.3,10,000/- with interest at the rate of 9% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. It is contended that the deceased-Sakamma, was earning Rs.9,000/- p.m. Due to her untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.2 and the policy was in force. However, her monthly income has been wrongly assessed. It is submitted that she was rising crops in a agricultural land measuring 10 acres 20 guntas and earning Rs.4 to 5 lakhs per annum. She was also maintaining eight High-breed cows and getting 20 litres milk per day and earning Rs.500/- per day. Further, no compensation has been awarded under - 4 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 other heads such as 'consortium' and 'loss of estate' etc., Therefore, the petitioners have requested for the enhancement of the compensation. 5. The deceased-Sakamma was aged 56 years and the multiplier is to be taken as 899. Though the petitioners have stated that she was earning huge amounts, they have not filed a single document to prove her income. Since the accident occurred on 23.11.2012, this Court finds it reasonable to take her notional income as Rs.7,000/- per month, as per the guidelines issued by Karnataka State Legal Services Authority. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 10% is to be added towards future prospectus and as per the guidelines of the Hon9ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation2, 1/3rd is to be deducted towards personal expenses. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 Accordingly, the 'loss of dependency' come to Rs.5,54,472/- (7,000 + 10% - 1/3rd X 12 X 9). Petitioner No.1 being the husband of deceased, is entitled to Rs.40,000/- under the head 'loss of consortium' and Petitioner No.2 is entitled to Rs.40,000/- under the head 'parental consortium'. Apart from that they are also entitled for Rs.30,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. 6. Learned counsel for the respondent No.2 argued that both the petitioners are not dependents and therefore, they are not entitled to any compensation. It was contended that petitioner No.1, being employed as an officer, was not dependent on the income of his wife, who died in the accident at the age of 56 years. It was further stated that petitioner No.2-daughter is working as a Lecturer and was also not dependent on the deceased. However, it is admitted that both petitioners are the legal - 6 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 heirs of the deceased-Sakamma, who met with an accident. 7. Thus in all, components awarded by this court are as below, 8. Hence, the appellants3claimants are entitled to equal apportionment of the total enhanced compensation of Rs.6,64,472/-, together with interest at the rate of 6% per annum. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of dependency 5,54,472.00 Loss of consortium 40,000.00 Loss of parental consortium 40,000.00 Conventional heads 30,000.00 Total 6,64,472.00 - 7 - HC-KAR NC: 2025:KHC:37017 MFA No. 5549 of 2017 ii. The judgment and award dated 15.12.2015 passed in MVC No.475/2014, by Principal Senior Civil Judge and M.A.C.T- VI, Shivamogga, is modified; iii. The claimants are entitled to equal apportionment of Rs.6,64,472/- along with interest at 6% p.a as from the date of petition till the date of realization, instead of Rs.3,10,000/- granted by the tribunal. iv. Respondent No.2 is directed to deposit the amount within one month from the date of this order on such deposit and v. Petitioners are permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 25 CT: BHK