- 1 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101818 OF 2020 (MV-D) BETWEEN: 1. PARAWWA W/O. BASAPPA MUDDER, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, 2. MALLESH S/O. BASAPPA MUDDER, AGE: 25 YEARS, OCC: AGRICULTURE, 3. GANESH S/O. BASAPPA MUDDER, AGE: 23 YEARS, OCC: AGRICULTURE AND MILK VENDING, ALL ARE R/O: TAREDAHALLI, TQ: RANEBENNUR, DIST: HAVERI-581145. …APPELLANTS (BY SRI G.S. HULMANI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR AND SELF INSURANCE FUND, NWKRTC GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580020. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 2. THE DIVISIONAL CONTROLLER, NWKRTC., GADAG DIVISION, GADAG, DIST: GADAG-582101. 3. MANJULA W/O. BASAPPA @ BASAVARAJ MUDDER, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: TAREDAHALLI, TQ: RANEBENNUR, DIST: HAVERI-581145. …RESPONDENTS (BY SMT. VAISHALI K.KALADAGI, ADVOCATE FOR R1 AND R2; R3-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, THE JUDGMENT AND AWARD DATED 29.04.2019 PASSED IN MVC NO.1066/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, ENHANCE THE COMPENSATION AS PRAYED FOR COST OF THE APPEAL AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The claimants are in appeal under Section 173(1) of the Motor Vehicles Act, 1988, not being satisfied with quantum of compensation awarded by the III Additional Senior Civil Judge and AMACT, Ranebennur, (for short, ‘the Tribunal’) under the judgment and award, dated 29.04.2019, passed in M.V.C. No.1066/2017 and praying for enhancement of the compensation. 2. Brief facts of the case are that: The claimants – wife and children of one Basappa Mudder who died in a road traffic accident that occurred on 08.06.2017 involving motorcycle bearing registration No.KA-27/Y-8309 and NWKRTC bus bearing registration No.KA-26/F-859 filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act’) claiming compensation for the accidental death. They stated that the deceased was aged 64 years and was doing agricultural work and milk vending business thereby - 4 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 earning a sum of Rs.20,000/- per month. The claimants also stated that the deceased was contributing his entire income towards maintenance of the family. 3. On issuance of notice, respondents appeared before the Tribunal and respondent No.3 has not filed objections wherein respondent Nos.1 and 2 filed statement of objections denying the claim petition averments and further stated that due to the negligence of his own, the deceased died. The driver of the NWKRTC bus was not responsible for the accident and the accident occurred due to the rash and negligent driving of the deceased himself. 4. In order to prove their case, claimant No.1, examined herself as P.W.1. The claimants produced 21 documents which were marked as Exs.P.1 to P.21. On behalf of respondents, RW.1 and RW.2 were examined and marked six documents as Exs.R.1 to R.6. The Tribunal, on scrutiny of the material on record awarded total compensation of Rs.5,58,000/- on the following heads:- - 5 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 1. Towards Loss of Dependency Rs. 4,48,000/- 2. Towards transportation expenses Rs. 10,000/- 3. Towards funeral expenses Rs. 5,000/- 4. Towards consortium Rs. 40,000/- 5. Towards Loss of Estate Rs. 15,000/- 6. Towards love and affection (Pt.No.2&3) Rs. 40,000/- TOTAL Rs. 5,58,000/- 5. While awarding the above compensation, the Tribunal assessed the income of the deceased at Rs.8,000/- per month applying multiplier of ‘7’ and deducted 1/3rd towards personal expenses of the deceased. Not being satisfied with the quantum of compensation, the claimants are in appeal seeking enhancement of the compensation. 6. Heard Sri. G.S. Hulmani, learned counsel for the appellants/claimants and Smt. Vaishali K. Kaladagi, learned counsel for respondent Nos.1 and 2. Perused the appeal papers including the trial Court records. 7. The one and only contention advanced by learned counsel for the appellants is that the accident is of - 6 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 the year 2017 and the income of the deceased assessed by the Tribunal at Rs.8,000/- is on the lower side. He submits that, normally, for the accidental death, this Court would asses the income of the deceased notionally at Rs.10,250/- p.m. placing reliance of the chart prepared by the Karnataka State Legal Services Authority. Therefore he prays for revising the income of the deceased from Rs.8,000/ - to Rs.10,250/- p.m. 8. Per contra, Smt. Vaishali K Kaladagi, learned counsel appearing for respondents–NWKRTC would support the award passed by the Tribunal and further submits that the claimants would not be entitled for enhanced compensation. 9. Having heard the learned counsel for the parties and on perusal of the appeal papers including the records of the Tribunal, the point that arises for consideration in this appeal is, i) Whether the appellants/claimants would be entitled for enhanced compensation? - 7 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 10. The answer to the above point would be in the affirmative for the following reasons: The accident which occurred on 08.06.2017 involving motorcycle bearing registration No.KA-27/Y-8309 and NWKRTC bus bearing registration No.KA-26/F-859, and the accidental death of Basappa Mudder – the husband of the first claimant is not in dispute in this appeal. The claimants are in appeal seeking enhancement of the compensation awarded by the Tribunal. 11. Admittedly, the accident is of the year 2017. The income of the deceased assessed by the Tribunal at Rs.8,000/- is on the lower side. The claimants stated that the deceased was doing agricultural work and milk vending business and earning a sum of Rs.20,000/- p.m. But, to support their claim, the claimants have not placed on record any material to establish the income of the deceased. In the absence of the material to establish the income of the deceased, it is for the Courts and Tribunal to assess the income notionally. The Karnataka State Legal - 8 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 Services Authority has prepared a chart determining the income based on the minimum wages and other criteria. As per the chart prepared by the Karnataka State Legal Services Authority, notional income for the year 2017 is Rs.10,250/-. In the absence of any material to asses the income of the deceased, we take the notional income of the deceased at Rs.10,250/- per month. 12. The multiplier adopted at ‘7’ and the deduction of 1/3rd towards personal expenses of the deceased is proper and correct which needs no interference. Further, in terms of decision of the Hon’ble Apex Court in the case of Magma General Insurance Company Ltd., Vs. Nanu Ram and Others1, the claimants would be entitled to compensation of Rs.44,000/- each under spousal and parental consortium to the wife and children of the deceased. Apart from the above, the claimants would be entitled for Rs.16,500/- towards loss of estate and funeral expenses. Therefore, taking note of the above, we deem it appropriate to enhance the compensation awarded by the 1 2018 ACJ 2782 - 9 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 Tribunal from Rs.5,58,000/- to Rs. 7,39,000/- with interest at the rate of 7% per annum from the date of claim petition till its actual realization. 13. Thus, the claimants would be entitled for modified compensation on the following heads: 1. Towards Loss of Dependency (Rs.10,250X12-1/3X7) Rs. 5,74,000/- 2. Towards transportation and funeral expenses Rs. 16,500/- 3. Towards consortium (44,000X3) Rs. 1,32,000/- 4. Towards loss of estate Rs. 16,500/- TOTAL Rs. 7,39,000/- 14. Thus, the claimants would be entitled to total compensation of Rs.7,39,000/- instead of Rs.5,58,000/- awarded by the Tribunal. The compensation of Rs.7,39,000/- shall carry with interest at the rate of 6% per annum from the date of claim petition till realization. 15. Hence, we pass the following: ORDER a) The above appeal is allowed in part. - 10 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 b) The judgment and award, dated 29.04.2019 passed in MVC No.1066/2017 by the III Additional Senior Civil Judge and AMACT, Ranebennur, is hereby modified. The appellants/claimants, are entitled to total compensation of Rs.7,39,000/- instead of Rs.5,58,000/- as awarded by the Tribunal with interest at the rate of 7% per annum from the date of claim petition till its actual realization. c) The order of Tribunal with regard to apportionment and deposit of the compensation remains unaltered. d) Respondent-Corporation shall deposit the enhanced compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. e) Draw modified award accordingly. - 11 - NC: 2025:KHC-D:5541-DB MFA No. 101818 of 2020 Records of the Tribunal be transmitted to Tribunal forthwith for disbursement. No order as to costs. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 17