- 1 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.104109 OF 2022 (MV-D) BETWEEN: 1. JADIYAPPA S/O LATE MALLAPPA AGED ABOUT 39 YEARS, 2. B NAGARAJA S/O LATE RUDRAMMA AGED ABOUT 23 YEARS, 3. B SHILPA D/O LATE RUDRAMMA AGED ABOUT 20 YEARS, 4. B KEERTHI D/O LATE RUDRAMMA AGED ABOUT 19 YEARS, OCC. STUDENT, 5. B RADHA D/O LATE RUDRAMMA AGED ABOUT 16 YEARS, 6. B ISHWARAYA D/O LATE RUDRAMMA AGED ABOUT 11 YEARS, SINCE THE APPELLANTS NO.5 & 6 ARE MINORS, R/BY THEIR FATHER, NATURAL GUARDIAN I.E., APPELLANT NO.1 AS NEXT FRIEND ALL ARE COOLIES. ALL ARE R/O MUSTAGATTA VILLAGE, BALLARI TALUK AND DISTRICT 583101. …APPELLANTS (BY SRI. Y. LAKSHMIKANT REDDY AND SMT. SOUBHAGYA S. VAKKUND, ADVOCATES) YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 AND: 1. VALI H. S/O HUSSIAN SAB AGED ABOUT 60 YEARS, DRIVER OF THE TRACTOR & TROLLEY BEARING REG. NO. KA-34/TA-5513 & 5514 R/O 5TH WARD SIRUGUPPA POST AND TALUK, BALLARI DISTRICT 583101. 2. B HANUMANTHAMMA W/O HUVANNA AGED ABOUT 49 YEARS, OWNER OF THE TRACTOR & TROLLEY BEARING REG. NO. KA-34/TA-5513 & 5514 R/O KALAKAMBHA VILLAGE, BALLARI TQ. AND DIST. 583101. 3. THE DIVISIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, R K COMPLEX, K.C.ROAD, BALLARI 583101. …RESPONDENTS (BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R3; NOTICE TO R1 & R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.01.2022 PASSED IN MVC NO.684/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III AND PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS APPEAL, COMING ON FOR ORDERS, 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:6712-DB MFA No. 104109 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Though this appeal is listed for orders, it is taken up for final disposal, with the consent of learned counsel for both the parties. 2. The claimants are before this Court praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dated 14.1.2022 passed in MVC No.684/2018 on the file of learned Prl. Senior Civil Judge and Member, MACT-III, Ballari (for short, ‘Tribunal’). 3. The claimants, who are the husband & children of deceased Rudramma, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the accidental death of Rudramma that took place on 21.02.2018 involving Motorbike and Tractor-trailer bearing registration No.KA-34/TA-5513 & 5514. It is stated that the deceased was aged about 35 years as on the date of accident and she was doing agricultural work, earning Rs.1,000/- per day and used to contribute the same to maintain her family. - 4 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 4. On issuance of notice, respondent No.3/Insurance Company appeared through its learned counsel and filed statement of objections denying the entire claim petition averments. It was contended that the rider of motorcycle was riding the same without driving license and due to his rash and negligent riding, the accident took place. It was further contended that the policy issued in favour of the offending vehicle was not covered on the date of the accident. Thus, prayed for dismissal of the claim petition. 5. Before the Tribunal, 1st claimant-husband of the deceased examined himself as PW1 apart from marking the documents as Exs.P1 to P11. Respondents did not examine any witness nor marked any document. The Tribunal based on entire material evidence on record awarded total compensation of Rs.20,18,400/- with interest at 6% per annum on the following heads: Loss of Dependency Rs.16,92,000/- Funeral expenses Rs. 15,000/- Loss of Estate Rs. 15,000/- Loss of consortium Rs. 40,000/- Towards future prospects Rs. 56,400/- Loss of love & affection Rs. 2,00,000/- -------------------- Total Rs.20,18,400/- - 5 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 6. While awarding the above compensation, the Tribunal assessed notional income of the deceased at Rs.11,750/- per month, added Rs.56,400/- only towards future prospects, deducted 1/4th towards personal and living expenses of the deceased and applied multiplier of 16. The claimants not being satisfied with quantum of compensation awarded by the Tribunal are before this Court praying for enhancement of compensation. 7. Heard Smt. Soubhagya Vakkund, learned counsel for Sri. Y. Lakshmikanthreddy, learned counsel for the appellants-claimants as well as Sri. M.K. Soudagar, learned counsel for the respondent-Insurance Company and perused the appeal papers. 8. The only contention urged by the learned counsel Smt. Soubhagya Vakkund for the appellants-claimants is that the Tribunal committed an error in not granting 40% of the assessed income while reckoning the loss of dependency, instead it has awarded only a sum of Rs.56,400/- towards future prospects, which is incorrect. She further submits that in terms of decision of the Hon’ble Apex Court in the case of - 6 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 National Insurance Company Limited Vs. Pranay Sethi & Others1, the claimants would be entitled to escalation of 10% on the compensation awarded under the conventional heads. Thus, she prays for allowing the appeal. 9. Per contra, Sri.M.K.Soudagar, learned counsel for the respondent-Insurance Company would contend that the Tribunal on appreciation of the entire material on record awarded just and reasonable compensation under various heads, which does not call for any interference at the hands of this Court. Thus, he prays for dismissal of the appeal. 10. Having heard the learned counsel for the parties and on perusal of the appeal papers, the only point that would fall for consideration in this appeal is as to, whether the claimants would be entitled for enhanced compensation? 11. Our answer to the above point would be in the “affirmative” for the following reasons. 12. The occurrence of the accident on 21.2.2018 involving Motorbike and Tractor-trailer bearing registration 1 AIR 2017 SC 5157 - 7 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 No.KA-34/TA-5513 & 5514, resultant death of Rudramma is not in dispute in this appeal. The claimants are before this Court praying for enhancement of compensation. It is the contention of appellants-claimants that the Tribunal committed an error in not adding 40% of the assessed income towards future prospects while awarding compensation on the head of loss of dependency. In terms of the decision of the Hon’ble Apex Court in Pranay Sethi’s case supra, claimants would be entitled to add 40% of the assessed income towards future prospects since the deceased is below 40 years of age. There is no dispute with regard to assessment of notional income of the deceased by the Tribunal at Rs.11,750/- per month. The deceased was aged about 35 years and appropriate multiplier would be ‘16’. The claimants are six in number, hence, 1/4th has to be deducted towards personal and living expenses of the deceased. Thus, the claimants would be entitled for modified compensation on the head of loss of dependency as under: Rs.11,750 + 40% x 12 x 16 x ¾ = Rs.23,68,800/- 13. Further, in terms of decision of the Hon’ble Apex Court in Pranay Sethi’s case supra, the claimants would be entitled to Rs.16,500/- towards loss of estate, Rs.16,500/- - 8 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 towards funeral expenses and Rs.44,000/- each towards loss of consortium including 10% escalation. Thus, the claimants would be entitled for modified compensation on the following heads: Sl. No. Particulars Amount 1. Loss of dependency Rs.23,68,800/- 2. Loss of estate & Funeral expenses Rs. 33,000/- 3. Loss of consortium (Rs.44,000/- each) Rs. 2,64,000/- Total Rs.26,65,800/- 14. Thus, the claimants would be entitled to total compensation of Rs.26,65,800/- as against Rs.20,18,400/- awarded by the Tribunal. 15. In the result, we proceed to pass the following: ORDER a) The above appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants are entitled to total compensation Rs.26,65,800/- as against Rs.20,18,400/- awarded by the Tribunal. c) The enhanced compensation amount will bear interest at the rate of 6% per annum from the date of claim petition till date of realization. - 9 - NC: 2025:KHC-D:6712-DB MFA No. 104109 of 2022 d) The respondent-Insurance Company 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) Apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) Draw modified award accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 28