- 1 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 1470 OF 2021 (MV-D) BETWEEN: 1. THIMMAIAH @ THIMMABHOVI S/O HANUMANTHABHOVI AGED ABOUT 55 YEARS COOLIE WORK, 2. ABHI S/O THIMMAIAH @ THIMMABHOVI AGED ABOUT 17 YEARS, 3. BABY SHAMILI D/O THIMMAIAH @ THIMMABHOVI AGED ABOUT 15 YEARS, MINOR, RESPONDENT 2 AND 3 ARE MINORS, REPRESENTED BY THEIR GUARDIAN THE FATHER APPELLANT NO.1, ALL ARE R/AT YEREHALLI THANDYA VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTICT-577101 …APPELLANTS (BY SRI. MANJUNATH N D., ADV.) AND: 1. LOKYANAIKA S/O KRISHNANAIKA, AGED ABOUT 45 YEARS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 15:22:54 +0530 - 2 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 R/AT YEREHALLI THANDYA, HADIKERE POST, TARIKERE TALUK - 577228. 2. RAMANAIKA S/O NAGYANAIKA AGED ABOUT 45 YEARS R/AT YEREHALLI THANDYA, HADIKERE POST, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577228. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, NEAR KSRTC BUS STAND, B.H. ROAD, TARIKERE TOWN-577228. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADV. FOR R3, NOTICE TO R1 & R2 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.04.2018 PASSED IN MVC NO. 216/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, MAMACT, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The claimant/appellants have preferred this appeal against the judgment and award passed in MVC No.216/2016 - 3 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 dated 17.04.2018 on the file of Senior Civil Judge and MACT, Tarikere, (hereinafter referred to as 'Tribunal' for short), seeking enhancement of compensation. 2. For the sake of convenience, the parties in this appeal are referred to as per their status and rank before the Tribunal. 3. The brief facts leading to this appeal are that for the death of Smt. Jayamma, W/o. Thimmaiah @ Thimmabhovi caused in a road traffic accident that took place on 19.02.2016, the claimants/appellants have filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.20,00,000/- with interest at the rate of 21% per annum. It is stated in the claim petition that on 19.02.2016, the deceased Jayamma was proceeding towards her village through A Rangapura along with her husband i.e. petitioner No.1. While she was so proceeding, respondent No.1 came and demanded Jayamma to sit on backside of motorcycle bearing No.KA-18/Y-1670 as he was proceeding to Yarehalli Thandya and the said Jayamma was travelling as a pillion rider. When they came near garden of Shekarappa on A Rangapura - 4 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 Road in Tarikere Taluk, due to rash and negligent driving of respondent No.1, Jayamma fell down from the moving motorcycle and sustained injuries and succumbed to injuries. Hence, the claim petition was filed stating that accident occurred on account of rash and negligent riding of offending motorcycle by its rider and respondent Nos.1 and 2 who are the rider and owner of the motorcycle, are liable to pay compensation. It is stated in the claim petition that the deceased was aged 45 years as on the date of accident. The deceased was doing business on market days and earning Rs.10,000/- per month. It is stated that the death occurred on account of negligent riding of the motorcycle by its rider and since respondent 1 and 2 are rider and owner of motorcycle, they are liable to pay the compensation. 4. In response to notice, Respondents 1 to 3 appeared before the Court and filed their objections respectively. They denied as to occurrence of incident and as to registration of case in Crime No.101/2016 by Tarikere Police Station. According to them, respondent No.1 is having valid driving license at the time of accident and he was riding the motorcycle - 5 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 in a moderate speed. Due to influence of alcohol, the deceased was not able to sit on the bike properly and she fell down on the road. He further contended that the deceased was solely responsible for occurrence of incident. Accordingly, sought for dismissal of the claim petition. 5. Further, respondent No.3 denied the age, occupation and income of the deceased and also manner of accident. It is contended that it has issued the policy of insurance in respect of offending vehicle in the name of respondent No.2 and the same was in force and valid at the time of accident. Further, it is denied that respondent No.1 is having valid and effective driving licence as on the date of incident. It is also contended that petitioner Nos. 2 and 3 are majors and they cannot be treated as dependants of deceased. Lastly, he contended that the amount of compensation is highly exorbitant and disproportionate to the income of the deceased As such, sought for dismissal of the claim petition. 6. Based on the above pleadings, the Tribunal has framed issues. To prove the case of the Petitioners, Petitioner No.1 examined himself as PW.1 and 13 documents were - 6 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 marked as per Exhibits P1 to P13. In spite of sufficient opportunity, the respondents have not led their evidence on their behalf. Having heard the arguments, the Tribunal allowed the claim petition in part and awarded compensation of Rs.7,47,000/- with costs and interest @ 6% p.a. from the date of petition till the date of realisation and directed respondent No.3 to deposit the award amount within 30 days and to indemnify respondent No.2. Being aggrieved by the aforesaid Judgment and Award passed by the Tribunal, the appellants have preferred this appeal seeking enhancement of compensation. It is mentioned in the memorandum of appeal that the impugned Judgment and award is against principles of natural justice and equity, law and all probabilities of the case and the compensation awarded by the Tribunal is meager. Lastly, it is submitted that the reasons assigned by the Tribunal are not been supported with either principles of law or the settled position of law. On all these grounds, it is sought to allow the appeal by enhancing the compensation. 7. Learned counsel for respondent No.3-Insurance Company justifies the judgment and award passed by the - 7 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 Tribunal and submits that the Tribunal has awarded just compensation and accordingly, prays for dismissal of appeal. 9. I have examined the material placed before me. 10. The evidence of PW.1 and Ex.P6-inquest mahazar reveals that the deceased was aged 45 years at the time of accident and Ex.P8-Post mortem report also reveals the same. Based on all these evidence, the Tribunal has rightly considered the age of the deceased as 45 years. The Tribunal has taken the notional income of deceased at Rs.6,000/- per month which is not in consonance with the chart prepared by the Karnataka State Legal Services Authority. As per the chart, for the accidents of the year 2016, the notional income of the deceased has to be taken at Rs.9,500/- per month. Accordingly the same is taken. As per the decision of Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157, 25% is to be added towards future prospects and if that is added, the income comes to Rs.11,875/- per month. Since there are three dependants, 1/3rd has to be deducted towards his personal and living - 8 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 expenses. Then, the monthly income of the deceased would be Rs.7,917/- (Rs.11,875.00 - Rs.3,958.00). In view of judgment of Hon'ble Supreme Court in the case of SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION LIMITED AND ANOTHER reported in (2009)6 SCC 121, the appropriate multiplier, commensurate to the age of the deceased, would be '14'. Accordingly, the compensation towards loss of dependency would be Rs.13,30,056/- (Rs.7,917/- x 12 x 14). 11. The Tribunal has not awarded just compensation towards conventional heads. As per the decision of Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY LIMITED v. NANU RAM ALIAS CHUHRU RAM AND OTHERS reported in (2018)18 SCC 130, the petitioners are entitled for loss of consortium, loss of estate and towards obsequies and funeral rites. 12. Keeping in mind the judgment of Supreme Court, the revised compensation to which the appellants are entitled to, would be as follows: - 9 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 Sl. No. Head Amount (Rs.) 1. Towards loss of dependency 13,30,056.00 2. Towards loss of consortium (Rs.40,000/- x 3) 1,20,000.00 3. Towards Loss of estate 15,000.00 4. Towards funeral expenses 15,000.00 Total 14,80,056.00 13. In the result, I proceed to pass the following: O R D E R i) Appeal is allowed in part; ii) Judgment and award dated 17.04.2018 passed in MVC No.216/2016 by Senior Civil Judge and MACT, Tarikere, is modified holding that the appellants are entitled for compensation of Rs.14,80,056/- as against Rs.7,47,000/- awarded by the Tribunal; iii) It is made clear that the compensation carries interest at the rate of 6% per annum from the date of petition till its realisation. However, it is made clear that the appellants are not entitled for interest for delayed period of 618 days in filing this appeal as per order dated 24.01.2024; iv) Respondents are jointly and severally liable to pay the compensation; - 10 - HC-KAR NC: 2025:KHC:31155 MFA No. 1470 of 2021 v) Respondent No.3-Insurance Company shall deposit the compensation amount with interest before the Tribunal within two months from the date of receipt of certified copy of this judgment; vi) Draw award accordingly; vii) Registry to send the trial court records along with the copy of this judgment to the concerned Court forthwith. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 6