- 1 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 103876 OF 2023 (MV-D) BETWEEN: 1. SHRI. ATTAULLA S/O. ABDULGAFAR SHAHA AGE. 50 YEARS, OCC. HOUSEHOLD WORK, R/O. 276, MAIN ROAD, GURUWAR PETH, CHANDGAD, DIST. KOLHAPUR. 2. MASTER. MOHAMMED ZAID S/O. ATTAULLA SHAHA AGE. 19 YEARS, OCC. STUDENT, R/O. 276, MAIN ROAD, GURUWAR PETH, CHANDGAD, DIST. KOLHAPUR. 3. KUMARI. RUMANA D/O. ATTAULLA SHAHA AGE. 19 YEARS, OCC. STUDENT, R/O. 276, MAIN ROAD, GURUWAR PETH, CHANDGAD, DIST. KOLHAPUR. 4. SMT. SHAMSHADABI W/O. ABDULGAFAR SHAHA AGE. 74 YEARS, OCC. NIL, R/O. 276, MAIN ROAD, GURUWAR PETH, CHANDGAD, DIST. KOLHAPUR. …APPELLANTS (BY SRI. UMESH C. AINAPUR AND SRI SUSHMA U. ANGADI, ADVOCATES) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.06 12:03:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 AND: 1. SHRI. JAMEER S/O. BADASHAH LATIF AGE. MAJOR, OCC. BUSINESS, R/O. H. NO.1556, NAVI GALLI, SHAHAPUR, BELAGAVI-590003 (OWNER OF THE TEMPO TRAX NO.KA-24/6414) 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI, (INSURER OF TEMPO TRAX NO.KA-24/6414) …RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2; R1- NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 07.02.2023 PASSED IN MVC NO.2392/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA 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 MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) The appellants are before this Court in this appeal filed under Section 173(1) of Motor Vehicles Act, 1988, (for short, ‘the Act’), not being satisfied with the quantum of compensation awarded under judgment and award dated 07.02.2023, passed in M.V.C. No.2392/2019 by the II Additional District Judge and Motor Accident Claims Tribunal, Belagavi, (for short, ‘the Tribunal’), praying for enhancement of compensation. 2. For the sake of convenience, the parties will be referred to as their rank before the Tribunal. 3. Brief facts of the case are that the claimants- appellants are the husband and minor children of the deceased-Smt.Meenaz. The deceased was a housewife, also working as a tailor and earning more than ₹15,000/- per month and was aged about 34 years at the time of her death, which was caused by the road traffic accident that occurred on 19.08.2019 at about 07.30 p.m. when the deceased along with petitioner No.1 was walking near - 4 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 Mudholkar College at Chandagad, the offending tempo trax bearing registration No.KA-24/6414 came from back side, dashed against the deceased and caused multiple injuries; then she was shifted to Rural Hospital, Chandagad and then to KLE Hospital, Belagavi, wherein she succumbed to the injuries on the same day. 4. On service of notice, respondent No.1 remained absent and was placed ex-parte before the Tribunal; respondent No.2-Insurer appeared and filed its objection statement, wherein it denied the entire petition averments and further contended that respondent No.1 has violated the mandatory provisions of the Act and also contended that the respondent would take up all the contentions available to the owner. Hence, prayed for dismissal of the petition. 5. In support of the claim petition, first petitioner was examined as P.W.1, got marked Exs.P.1 to P.11 and closed their side before Tribunal and on behalf of respondent No.2, no evidence was let in. - 5 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 6. After recording evidence and hearing arguments of both sides, the Tribunal has awarded total compensation of ₹.23,81,600/- with interest at 6% per annum on following heads:- SL. NO. Particulars Amount (in Rs.) 1 Loss of dependency Rs.22,26,000/- 2 Loss of consortium Rs. 1,20,000/- 3 Medical expenses Rs. 5,600/- 4 Towards loss of estate Rs. 15,000/- 5 Towards funeral expenses Rs. 15,000/- Total Rs.23,81,600/- 7. Learned counsel for appellants Sri Umesh C. Ainapur has fairly submitted that, except the escalation charges, the Tribunal has awarded just and proper compensation. Learned counsel for respondent No.2, Sri S.S. Koliwad also conceded to it. 8. Having heard the learned counsel for the parties and on perusal of the appeal papers along with original - 6 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 records of the Tribunal, the following point would arise for our consideration in this appeal: (i) Whether the compensation awarded by the Tribunal is to be enhanced? If so, at what rate? 9. Our answer to point No.(i) is partly in “Affirmative” for the following reasons: 10. While awarding the compensation, the Tribunal based on the guidelines issued by KSLSA, assessed the notional income of deceased at ₹13,250/- as the accident is of the year 2019, as there was no proof of actual income of the deceased. The age of deceased was below 40 years and thus, 40% future prospects were also added to the income and the relevant multiplier ‘15’ is adopted. Thus, the compensation awarded under loss of dependency by the Tribunal is proper. Likewise, the compensation awarded by the Tribunal under the head loss of consortium is also correct because there were three claimants and ₹.40,000/- per head was awarded as per the dictum in the case of National Insurance Company Limited Vs. Pranay Sethi & - 7 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 Others1, and Magma General Insurance Company Limited Vs. Nanu Ram & Others2. 11. The compensation awarded under the head of loss of estate and funeral expenses by the Tribunal is only ₹15,000/- each relying on Pranay Sethi & Others (supra). But 10% escalation charges are not included as per the guidelines given in Pranay Sethi & Others (supra). Hence, we are of the considered opinion that petitioners are entitled for the additional compensation of 10% escalation charges towards loss of estate and towards funeral expenses i.e ₹.1,500/- each and totally ₹3,000/- enhanced compensation. In the facts and circumstances of the case, each of the claimants No.1 to 3, who are husband and children of the deceased, are entitled for 10% escalation on the head of ‘loss of consortium’ which would be in a sum of Rs.12,000/- [Rs.4,000 x 3]. Thus, the claimants would be entitled to total enhanced compensation of Rs.15,000/- 1 2017(16) SCC 680 2 (2018)18 SCC 130 - 8 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 12. For the reasons recorded above, we proceed to pass the following: ORDER a) The appeal filed by the claimants is allowed in part. b) The impugned judgment and award of the Tribunal is modified holding that the claimants are entitled to modified compensation of Rs.15,000/- along with the compensation which is already awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. d) The respondent/Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a - 9 - HC-KAR NC: 2025:KHC-D:14359-DB MFA No. 103876 of 2023 period of eight weeks from the date of receipt of certified copy of this judgment. e) The apportionment, disbursement and deposit of the enhanced compensation shall be made as per award of the Tribunal. f) Draw modified award accordingly. g) No order as to costs. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB CT:CMU LIST NO.: 1 SL NO.: 49