- 1 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 1686 OF 2022 (MV-D) BETWEEN: SMT. MADHVI KINI AGED ABOUT 56 YEARS W/O LATE DEVANANDA KINI R/AT S-37/1 SHREE MAHALAXMI TEMPLE RENJALA, KARKALA TALUK UDUPI DISTRICT …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SRI SUMANTH S/O VASANTH POOJARY AGED ABOUT 25 YEARS R A/T RAJEEVA NAGARA HIRGANA POST, KARKALA TLAUK UDUPI DISTICT 2. UNITED INDIA INSURANCE COMPANY LTD NEAR S V T GIRLS HIGH SCHOOL Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 ARAM LANE, KARKALA 6574104 …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.02.2020 PASSED IN MVC NO.110/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION IN TIME. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is by a widow who has lost her husband in a road accident, and she is aggrieved by the Judgment and Award dated 29.02.2020 in M.V.C. No.110/2019 on the file of the Senior Civil Judge and Additional MACT, Karkala [for short, ‘the Tribunal’] because the Tribunal has allowed a claim petition under Section 166 of the Motor Vehicles Act, 1988 - 3 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 [for short, 'the MV Act'] in part granting a sum of Rs.10,50,400/- under the following heads. Compensation Head Compensation Amount Loss of dependency Rs.9,50,400/- Loss of love and affection Rs.25,000/- Loss of consortium Rs.25,000/- Loss of estate Rs.15,000/- Obsequies ceremony Rs.25,000/- Conveyance Rs.10,000/- Total Rs.10,50,400/- 2. Mr. Chandranath Ariga K., the learned counsel for the appellant, submits that this Court can take up this appeal though listed for admission for final disposal because the appellant is only seeking enhancement in compensation and there is no dispute about the accident or the liability of the owner of the insured vehicle and the Insurer's liability to indemnify such owner. The learned counsel submits that there is also no dispute that the deceased husband [Mr. Devananda Kini] was working as a priest and that he was aged 59 years as of the date of the accident. - 4 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 3. Mr. Chandranath Ariga K. submits that the Tribunal, as against a claim based on the deceased's monthly income at Rs.80,000/-, has awarded compensation towards Loss of Dependency taking the monthly income of the deceased at Rs.12,000/- with addition towards Future Prospects at 10% deducting 1/3rd towards personal expenses, overlooking the evidence on record that the deceased would regularly visit, apart from rendering services to the deity at the temple, to perform pujas and was earning substantially from this activity. 4. Mr. Ravish Benni, the learned counsel for the second respondent - Insurer, submits that [i] the Tribunal has rightly construed the income of the deceased in the absence of actual proof of evidence at Rs.12,000/- per month, [ii] this Court may consider enhancement in the compensation noting the fact that the income, when there is no proof of actual income in the cases arising out of accidents in the - 5 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 year 2018, Notional Income is taken at Rs.12,500/- per month, and [iii] that the Tribunal has deducted 1/3rd of the income towards Personal Expenses. In rejoinder, Mr. Chandranath Ariga K. submits that the deduction is right because only the appellant depended on the deceased and they stayed in an accommodation provided by the temple and therefore, there would be substantial savings for the couple. 5. These circumstances are considered, and this Court opines that if notional income is taken when there is no proof of actual income in cases arising out of accidents in the year 2018 for those who are not educated and who are engaged only in physical labour, it would stand to reason that a higher income must be taken in the present case, because undisputedly the deceased was a priest, who was trying to double his income visiting the private residences to perform the rituals. This Court, in the circumstances, opines that the income must be taken - 6 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 at Rs.15,000/- per month for awarding just and reasonable compensation with addition of 10% towards Future Prospects keeping the deduction towards the deceased's personal expenses at 1/3rd so that the compensation awarded is just and reasonable as is required under the provisions of the MV Act. 6. When the Loss of Dependency is so computed, this Court must enhance compensation under this head to a sum of Rs.11,88,000/- computed in the following manner as against Rs.9,50,400/- awarded by the Tribunal. Computation of Loss of Dependency Monthly income for Loss of Dependency Rs.15,000/- Annual Income for Loss of Dependency Rs.1,80,000/- Addition towards future Prospects at 10% Rs.18,000/- Annual Income with Future prospects Rs.1,98,000/- Deduction at 1/3rd towards personal expenses Rs.66,000/- - 7 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 Annual Income after deduction towards personal expenses Rs.1,32,000/- Loss of dependency with multiplier of '9' Rs.11,88,000/- 7. The Tribunal has also awarded a higher sum under the Conventional Heads but that being only marginal, this Court opines, will not cause a bonanza, and as such, the award of compensation under Conventional Heads as now granted need not be modulated on that score. The computation showing the difference is: By the Tribunal By this Court Loss of dependency Rs.9,50,400/- Rs.11,88,000/- Loss of love and affection Rs.25,000/- Rs.25,000/- Loss of consortium Rs.25,000/- Rs.25,000/- Loss of estate Rs.15,000/- Rs.15,000/- Obsequies Ceremony Rs.25,000/- Rs.25,000/- Conveyance Rs.10,000/- Rs.10,000/- Total Rs.10,50,400/- Rs.12,88,000/- 8. In the light of the afore, the following: - 8 - HC-KAR NC: 2025:KHC:22200-DB MFA No. 1686 of 2022 ORDER The appeal is allowed-in-part and the impugned Order and Award dated 29.02.2020 is modified granting compensation in a sum of Rs.12,88,000/- with enhancement in a sum of Rs.2,37,600/- to the appellant directing the second respondent - the Insurer to deposit such amount along with interest at the rate of 6% per annum within eight [8] weeks from the date of receipt of a certified copy of this order. SD/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE RB