- 1 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102332 OF 2022 (MV-D) BETWEEN: 1. SRI TALARI HANUMANTHUDU ALIAS T. HANUMANTHARAYUDU S/O. TALARI GANGAPPA ALIAS TALARI GANGANNA AGED ABOUT 23 YEARS, STUDENT, R/O. MURADI VILLAGE, D. HIREHAL MANDAL, ANANTAPURAMU DISTRICT, A.P-585101. 2. SMT. N. ANANTHAKKA W/O. BOYA KISTAPPA ALIAS KRISTAPPA AND D/O. TALARI GANGAPPA ALIAS TALARI GANGANNA, AGED ABOUT 35 YEARS, HOUSE WIFE, R/O. KONTANAPALLI-VILLAGE, RAYADURGA MANDAL, ANANTAPURAMU DISTRICT A.P-585101. 3. SMT. BOYA LAKSHMI ALIAS LAKSHMI W/O. BOYA VENKATESHULU ALIAS VENKATESHULU AND D/O. TALARI GANGAPPA ALIAS TALARI GANGANNA AGED ABOUT 25 YEARS, HOUSEWIFE, R/O. VEPARALLA-VILLAGE, RAYADURGA MANDAL, ANANTAPURAMU DISTRICT, A.P-585101. 4. SMT. TALARI SHANKARAMMA ALIAS W/O. B. PARAMESHWARAPPA AND D/O. TALARI GANGAPPA ALIAS TALARI GANGANNA, AGED ABOUT 22 YEARS, HOUSE WIFE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 R/O. MURADI VILLAGE, D. HIREHAL MANDAL, ANANTAPURAMU DISTRICT, A.P-585101. 5. SMT. T. THIPPAKKA ALIAS TALARI THIPPAKKA, W/O. LATE ANJAIAH ALIAS TALARI ANJAIAH, AGED ABOUT 33 YEARS, HOUSE WIFE, 6. MINOR T. SHIVA ALIAS TALARI SHIVA S/O. LATE ANJAIAH ALIAS TALARI ANJAIAH, AGED ABOUT 14 YEARS, STUDENT, 7. MINOR T. MEGHANA ALIAS TALARI MEGHANA D/O. LATE ANJAIAH ALIAS TALARI ANJAIAH, AGED ABOUT 11 YEARS, STUDENT, THE APPELLANTS NO.6 AND 7 ARE THE CHILDREN OF THE LATE ANJAIAH ALIAS TALARI ANJAIAH AND GRAND CHILDREN OF THE DECEASED SMT. AKKAMMA ALIAS TALARI AKKAMMA, SINCE MINOR REP/BY THEIR MOTHER AND NATURAL GUARDIAN SMT. T. THIPPAKKA ALIAS TALARI THIPPAKKA ALL ARE R/O. MURUDI VILLAGE, RAYADURGA MANDAL, ANANTAPURAM DISTRICT, A.P-515801. …APPELLANTS. (BY SRI MANJUNATHA G.PATIL, ADVOCATE.) AND: 1. SRI OBULESH S/O. THIPPANNA, AGED ABOUT 41 YEARS, RIDER OF THE HONDA CB SHINE MOTOR CYCLE, BEARING NO.KA-34/ED-8620, R/O. SMDS, BALLARI, PRESENTLY R/O. NO. 1-446, MURADI VILLAGE, D. HIREHAL MANDAL, ANANTAPURAMU DISTRICT, A.P-585101. 2. SRI B.S. BASAVARAJA S/O. B. SATHYAPPA, AGED ABOUT 43 YEARS, OWNER OF THE HONDA CB SHINE MOTOR CYCLE BEARING NO.KA-34/ED-8620, R/O. CARE OF G. GOVIND REDDY, - 3 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 HOUSE NO.32/1, 1ST CROSS, LEFT SIDE, SHASTRY NAGAR, KAPPAGAL ROAD, BALLARI-583101. 3. THE DIVISIONAL MANAGER, M/S. NEW INDIA ASSURANCE COMPANY LIMITED, EDIGA HOSTEL COMPLEX, DOUBLE ROAD, BALLARI-583101. …RESPONDENTS (BY SMT. SHARMILA M.PATIL, ADVOCATE FOR R3; R1 AND R2-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION FROM RS.8,25,500/- TO RS.15,00,000/- BY MODIFYING THE JUDGMENT AND AWARD DATED 09.11.2021 PASSED IN MVC NO.952/2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI AND 2ND ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimants/dependants of the deceased Akkamma, challenging the judgment and award dated 09.11.2021, passed by the MACT No.XI and Addl. Senior Civil Judge, Ballari, in MVC No.952/2019, seeking enhancement of compensation. - 4 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, death of the deceased Akkamma in a road traffic accident, coverage of insurance are not in dispute in this case. 4. In this case, the tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 7,15,500 2. Towards loss of consortium. 80,000 3. Towards loss of estate. 15,000 4. Funeral expenses. 15,000 Total: 8,25,500 5. The tribunal awarded lesser amount of compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be enhanced by modifying the judgment and award of the tribunal. 6. The deceased was aged 57 years as on the date of accident and was an agriculturist and coolie by profession. The accident is caused on 09.09.2019. Hence, in the absence - 5 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 of proof of income, notional income is to be taken at Rs.13,250/- for the year 2019, as recognized by the Karnataka State Legal Services Authority. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, considering the age of the deceased, 10% of the income is to be added towards loss of future prospects in life. There are four dependents. Therefore 1/4th of the income is to be deducted towards his personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 9. Therefore loss of dependency is re-assessed and quantified at Rs.11,80,575/- (Rs.13,250 + 10% minus 1/4th x 12 x 9). 7. In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra), the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are - 6 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 four dependents who are son and daughters. Accordingly, Rs.1,76,000/- (Rs.40,000 x 4 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. 8. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 9. Thus, the claimants would be entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 11,80,575 2. Towards loss of consortium (40,000 x 2 +10%) 1,76,000 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000 Total: 13,89,575 10. Therefore, the claimants are entitled for total compensation of Rs.13,89,575/- along with interest at the rate of 6% p.a. from the date of filing of the petition till - 7 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 realization, as against Rs.8,25,500/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 09.11.2021, passed by the MACT No.XI and Addl. Senior Civil Judge, Ballari, in MVC No.952/2019, stands modified. iii) The claimants are entitled for total compensation of Rs.13,89,575/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.8,25,500/- awarded by the tribunal. - 8 - NC: 2025:KHC-D:706 MFA No. 102332 of 2022 iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send a copy of this judgment and award to the tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 32