- 1 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO.104530 OF 2018 (MV-D) C/W. M.F.A. NO. 104454 OF 2018 (MV-D) IN MFA NO.104530 OF 2018 BETWEEN: 1. SHRI SITARAM S/O. BALU RAVAN, AGE: 35 YEARS, OCC: WORKER, R/O. RAVANWADI, TQ: SANGAMESHWAR, DIST: RATNAGIRI, NOW RESIDING AT: TURMARI, TALUKA & DIST: BELAGAVI. 2. SMT. VANITA W/O. SITARAM RAVAN, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. RAVANWADI, TQ: SANGMESHWAR, DISTRICT: RATNAGIRI, NOW RESIDING AT: TURMARI, TALUKA & DIST: BELAGAVI. …APPELLANTS (BY SRI. UMESH C. AINAPUR, ADVOCATE) AND: 1. SHRI JITESH S/O. RAMJI BHANUSHALI, AGE: MAJOR, OCC: BUSINESS, R/O. A/P: JALARAM NIWAS BANGALOW NO.8, PARAS OCEAN VIEW THAIBA PALACE, DIST: RATNAGIRI, STATE: MAHARASTRA, (OWNER OF TRUCK NO. MH-08/W-8771). Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 2. THE NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI. S. V. YAJI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND AWARD DATED 15.09.2018 PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. M.A.C.T, BELAGAVI AT: BELAGAVI IN M.V.C. NO.617/2018, IN AWARDING THE COMPENSATION OF RS.8,86,000/- AND INTEREST AT RATE 6% FROM THE DATE OF PETITION AND MODIFIED BY ENHANCING AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.104454 OF 2018 BETWEEN: 1. SMT. DARSHANA W/O. CHANDRAKANT RAVAN, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. RAVANWADI, CHAFAVAL, TQ: SANGMESHWAR, DISTRICT: RATNAGIRI, NOW RESIDING AT: TURMARI, TALUKA & DIST: BELAGAVI. 2. KUMARI KAVITA D/O. CHANDRAKANT RAVAN, AGE: 20 YEARS, OCC: STUDENT, R/O. RAVANWADI, TQ: SANGMESHWAR, DISTRICT: RATNAGIRI, NOW RESIDING AT: TURMARI, TALUKA & DIST: BELAGAVI. 3. KUMAR. RAKESH S/O. CHANDRAKANT RAVAN, AGE: 18 YEARS, OCC: STUDENT, R/O. RAVANWADI, TQ: SANGMESHWAR, DISTRICT: RATNAGIRI, NOW RESIDING AT: TURMARI, TALUKA & DIST: BELAGAVI. 4. KUMARI RAVINA D/O. CHANDRAKANT RAVAN, AGE: 16 YEARS, OCC: STUDENT, R/O. RAVANWADI, TQ: SANGMESHWAR, DISTRICT: RATNAGIRI, NOW RESIDING - 3 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 AT: TURMARI, TALUKA & DIST: BELAGAVI. (SINCE THE APPELLANT NO.4 IS MINOR R/BY M/G MOTHER APPELLANT NO.1). 5. SMT. CHANDRABHAGA W/O. BALU RAVAN, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O. RAVANWADI, TQ: SANGMESHWAR, DISTRICT: RATNAGIRI, STATE: MAHARASHTRA. …APPELLANTS (BY SRI. UMESH C. AINAPUR, ADVOCATE) AND: 1. SHRI JITESH S/O. RAMJI BHANUSHALI, AGE: MAJOR, OCC: BUSINESS, R/O. A/P: JALARAM NIWAS BANGALOW NO.8, PARAS OCEAN VIEW THAIBA PALACE, DIST: RATNAGIRI, STATE: MAHARASTRA, PIN-415612. (OWNER OF TRUCK NO.MH-08/W-8771). 2. THE NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI, PIN-590001. …RESPONDENTS (BY SRI. S. V. YAJI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND AWARD DATED 15.09.2018 PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. M.A.C.T, BELAGAVI AT: BELAGAVI IN M.V.C. NO.616/2018, IN AWARDING THE COMPENSATION OF RS. 10,06,000/- AND INTEREST AT RATE 6% FROM THE DATE OF PETITION AND MODIFIED BY ENHANCING AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 4 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The above appeals are filed against judgment and award dated 15.09.2016 passed in MVC No.616/2018 and MVC No.617/2018 on the file of learned IV Addl. District and Sessions Judge and Addl. MACT, Belagavi1. 2. Both appeals are filed by the claimants seeking enhancement of compensation. 3. Brief facts of the case leading to filing of these appeals are that, on 25.01.2018 at about 3:45 p.m., the deceased Suresh Sitaram Ravan was proceeding in the motorcycle bearing reg.No.MH-08/AJ-1398 as a rider along with the deceased Chandrakant Balu Ravan who was pillion rider. When they reached near Ratnagiri – Kolhapur road near Dabhole Ghat curve, a bulker truck bearing reg.No.MH-08/W- 8771 came in a rash and negligent manner driven by its driver and dashed against the motorcycle of the deceased. Due to the said impact, both the rider and pillion rider sustained grievous injuries and succumbed to the injuries. Prior to the accident, 1 For short ‘Tribunal’ - 5 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 both the deceased were working as labourers and were earning Rs.1,000/- per day each and maintaining the family. Hence, the claimants filed claim petitions seeking compensation. 4. Respondents No.1-owner of the truck and respondent No.2-insurer of the truck filed their written statement separately. It was contended that the accident did not occur due to rash and negligent driving of the driver of truck, but due to the contributory negligence on the part of the rider of the motorcycle. They also denied the age, income and avocation of the deceased persons and the expenditure towards funeral expenses incurred by the claimants. Thus, prayed for dismissal of the claim petitions. 5. The Tribunal on appreciation of oral and documentary evidence on record, awarded total compensation of Rs.10,06,000/- with interest at 6% per annum in favour of claimants in MVC No.616/2018 and Rs.8,86,000/- with interest at 6% per annum in favour the claimants in MVC No.617/2018. Aggrieved by the same, the claimants of both the claim petitions are before this Court challenging the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 6. Learned counsel Sri Umesh C.Ainapur appearing for both the appellants-claimants submits that the Tribunal has committed grave error and awarded meager compensation in both the appeals. It is submitted that the Tribunal also committed an error in assessing the income of both the deceased at Rs.8,000/- per month, which is incorrect and is required to be reassessed at Rs.11,750/- per month as per the notional income chart prepared by the KSLSA. It is further submitted that in light of decision of the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others2, the claimants in both the appeals are also entitled to Rs.44,000/- each including 10% escalation towards loss of consortium. It is submitted that the claimants in MVC No.616/2018 are entitled to addition of 25% of the assessed income towards loss of future prospects and claimants in MVC No.617/2018 are entitled addition of 40% of the assessed income towards loss of future prospects of the deceased. Hence, he seeks to allow both the appeals. 2 2018 ACJ 2782 - 7 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 7. Per contra, Sri. S.V.Yaji, learned counsel for the respondent No.2/Insurance Company supports the impugned judgment and award passed by the Tribunal and contends that based on oral and documentary evidence on record, the Tribunal has awarded just and reasonable compensation in both cases, which requires no modification. He further submits that the rider of the motorcycle was negligent and the accident has occurred due to the rash and negligent riding of the rider of the motorcycle. Hence, he seeks to dismiss the appeals filed by the claimants. 8. We have heard the learned counsel for the respective parties and perused the appeal papers along with original records. 9. Having heard the learned counsel for the parties and on perusal of the material available on record, the following points would arise for our consideration in these appeals: “Whether the judgment and award passed by the Tribunal calls for any interference?” - 8 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 10. Answer to the above point would be in the “partly affirmative” for the following reasons: (a) The undisputed facts are that on 25.01.2018 at about 3:45 p.m. while the deceased Suresh Sitaram Ravan and Chandrakant Balu Ravan were proceeding on their motorcycle, the truck came in a rash and negligent manner and dashed to the motorcycle of the deceased. Due to the impact of said accident, both the rider and pillion rider had sustained injuries and succumbed to the injuries. (b) The parties to the proceedings do not dispute the accident in question and the liability of the Insurance Company. It is also not in dispute that the appellants are the legal heirs of the deceased Suresh Sitaram Ravan and Chandrakant Balu Ravan, who were aged about 29 and 49 years respectively at the time of the accident. (c) The evidence and material available on record indicate that the Tribunal has erroneously assessed notional income of both the deceased at Rs.8,000/- per month, which in our view is required to be reassessed as the accident is of the year 2018, hence we notionally reassess the income of both the - 9 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 deceased persons at Rs.11,750/- per month as per the notional chart prepared by the KSLSA. (d) The Tribunal has committed an error in not awarding any compensation towards future prospects of the deceased. Keeping in mind the ratio laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others3, the claimants are entitled compensation under the head of loss of future prospects. Since the deceased Suresh Sitaram Ravan was aged about 29 years at the time of accident. Hence, 25% of the assessed income has to be added towards future prospects of the deceased. The deceased Chandrakant Balu Ravan was aged about 49 years at the time of accident. Hence, 40% of assessed income has to be added towards future prospects of the deceased. (e) The Tribunal in MVC No.616/2018 and 617/2018 has rightly applied multiplier of 17 and 13 and deducted 50% and 1/4th towards personal and living expenses of the deceased 3 2017 (16) SCC 680 - 10 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 persons. Thus, the appellants/claimants are entitled for compensation under the head of loss of dependency as under: In MVC No.616/2018: Rs.11,750 + 25% x 12 X 13 – 1/4 = Rs.17,18,438/- In MVC No.617/2018: Rs.11,750 + 40% x 12 X 17 – 50% = Rs.16,77,900/- 11. In light of law laid down by the Hon’ble Apex Court in Pranay Sethi’s case supra, the claimants are also entitled to a sum of Rs.15,000/- each including 10% escalation towards loss of estate and funeral expenses in both appeals. 12. The Tribunal in both the cases awarded meager compensation of Rs.40,000/- towards loss of consortium. Keeping in mind the law laid down by the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others4, the claimants in both the appeals are also entitled for a sum of Rs.44,000/- each including 10% escalation towards loss of consortium. 4 2018 ACJ 2782 - 11 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 13. The claimants in MVC No.616/2018 are entitled for the following modified compensation: 1 Loss of dependency Rs.17,18,438/- 2 Loss of consortium (Rs.44,000/- each to appellants No.1 to 5) Rs.2,20,000/- 3 Transportation of dead body and Funeral expenses Rs.16,500/- 4 Loss of estate Rs.16,500/- Total Rs.19,71,438/- Thus, the claimants would be entitled to total compensation of Rs.19,71,438/- as against Rs.10,06,000/- awarded by the Tribunal. 14. The claimants in MVC No.617/2018 are entitled for the following modified compensation: 1 Loss of dependency Rs.16,77,900/- 2 Loss of consortium (Rs.44,000/- each to appellants No.1 and 2) Rs.88,000/- 3 Transportation of dead body and Funeral expenses Rs.16,500/- 4 Loss of estate Rs.16,500/- Total Rs.17,98,900/- Thus, the claimants would be entitled to total compensation of Rs.17,98,900/- as against Rs.8,86,000/- awarded by the Tribunal. - 12 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 15. Hence, we proceed to pass the following: ORDER i. Both the appeals are allowed in part. ii. The impugned judgment & award passed by Tribunal is modified to an extent that the claimants in MFA No.104530/2018 would be entitled to total compensation of Rs.19,71,438/- as against Rs.10,06,000/- awarded by the Tribunal. The claimants in MFA No.104454/2018 would be entitled to total compensation of Rs.17,98,900/- as against Rs.8,86,000/- awarded by the Tribunal iii. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till date of payment. iv. Respondent/Insurance Company shall deposit the compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. v. The apportionment, deposit and disbursement shall be made as per award of the Tribunal. - 13 - HC-KAR NC: 2025:KHC-D:10631-DB MFA No. 104530 of 2018 C/W MFA No. 104454 of 2018 vi. Registry to transmit the records to the Tribunal forthwith. vii. Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK CT-AN List No.: 1 Sl No.: 34