- 1 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1502/2016(MV-D) BETWEEN: SMT. KUMARI BAI, W/O LATE SUNDAR NAIK, AGED ABOUT 48 YEARS, R/O DOOR NO.201, 12TH CROSS, OF THANDA, THIMMALAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. SHRIPAD V SHASTRI ., ADVOCATE) AND: 1. K.M. VINOD, S/O MALLAPPA K.B., AGED ABOUT 25 YEARS, DRIVER OF HUNDAI SANTRO CAR, BEARING REG.NO.KA-18/N-1897, R/O KUDLOOR VILLAGE, THARIKERE TALUK, CHIKKAMAGALURU DIST. 2. K.S.MALLAPPA, S/O K. BASAPPA, MAJOR, OWNER OF HUNDAI SANTRO CAR BEARING REG.NO.KA-18/N-1897, R/O KUDLOOR VILLAGE, THARIKERE TQ. CHIKKAMAGALURU DIST. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, MMK COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-2. …RESPONDENTS (BY SRI. A N KRISHNASWAMY FOR R3, ADVOCATE, NOTICE TO R1 & R2 IS D/W V/O DTD:15.09.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.01.2015 PASSED IN MVC NO.1076/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AND ADDITIONAL MACT- 12, BHADRAVATHI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 seeking enhancement of compensation in MVC No.1076/2013 dated 28.01.2015 on the file of the Additional Senior Civil Judge and JMFC., and Additional MACT-12, Bhadravathi. - 3 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. Notice to respondent Nos.1 and 2 are dispensed with vide order dated 15.09.2017. 3. The brief case of the appellant is that the daughter of the petitioner by name Shwetha aged about 22 years, met with an accident on 27.12.2011 and her mother filed claim application claiming compensation of Rs.52,00,000/-. The Tribunal considering the oral and documentary evidence on record had granted an amount Rs.8,22,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment. Aggrieved by the said order, this appeal is preferred by the appellant. 4. Learned counsel for the appellant contended that the multiplier is to be taken as 18 instead of 13. The trial court erred in taking the age of the mother, instead of taking the age of the deceased. It is further - 4 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 contended that 50% towards loss of future prospects was not granted. Also more amount ought to have been granted under the head transportation, funeral expenses, loss of estate, loss of love and affection and thus requested for enhancement of the compensation. 5. Admittedly, deceased was aged 22 years, therefore, this court finds it reasonable to take the multiplier as 18. Hence, the income of the deceased, considering her school certificates and also Ex.P26, the trial court has taken her income as Rs.10,000/- and this court finds no reason to interfere with the said order. Also, as she was unmarried she is entitled for deduction of 50% towards her personal expenses and also entitled for 40% towards future prospects. Therefore, calculation towards Loss of dependence is as per the below, Half of Rs.10,000/- is to be deducted, hence ½ of Rs.10,000/- = Rs.5,000/- is to be deducted. - 5 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 Further, 40% to be added = Rs.4,000/- (Rs.10,000x40% = Rs.4,000/-) Total income = Rs.5,000 + 4,000 = Rs.9,000/- Loss of dependency = Rs.9,000 x 12 x 18 x = Rs.19,44,000/- 6. Further, appellant is the mother of deceased hence she is entitled for Rs.40,000/- towards loss of Filial consortium. Further entitled for Rs.15,000/- towards transportation and 15,000/- towards funeral expenses. 7. Thus in all, this Court has awarded the compensation under various heads as follows: Particulars Amount in Rs. Loss of dependency 19,44,000 Filial consortium 40,000 Transportation and funeral expenses 30,000 Total 20,14,000/- - 6 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 Hence, the appellant-claimant is entitled for a total enhanced compensation from Rs.8,22,000/- to Rs.20,14,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed. ii. The judgment and award in MVC No.1076/2013 dated 28.01.2015 on the file of the Additional Senior Civil Judge and JMFC., and Additional MACT- 12, Bhadravathi, is hereby enhanced; iii. The claimant is entitled to a sum of Rs.20,14,000/- along with interest at 6% p.a., from the date of petition till the date of realization, as against Rs.8,22,000/-. - 7 - HC-KAR NC: 2025:KHC:30399 MFA No. 1502 of 2016 iv. Respondent No.3 is directed to deposit the said amount within one month from the date of this order. v. On such deposit, appellant is permitted to withdraw the entire amount along with the interest accrued on the same. SD/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 12