- 1 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4727 OF 2020 (MV-D) BETWEEN: 1. GIRIJA (WIFE OF DECEASED) AGED ABOUT 76 YEARS, W/O LATE RAMA PALAN, 2. JAYANTHI (DAUGHTER OF DECEASED) AGED ABOUT 51 YEARS, W/O BHASKARA POOJARY, R/A 1-110, INDIRA NAGARA, KARKALA, MULLADKA MUNDKUR, UDUPI TALUK AND DISTRICT - 576 121. 3. GEETHA JATHAN (DAUGHTER OF DECEASED) AGED ABOUT 49 YEARS, W/O PRAKASH JATHAN, R/A 5-203A, PRIYADARSHINI, SHANTHINAGARA, NEAR BILLAVA SANGHA, UDAYAVARA, UDUPI TALUK AND DISTRICT - 574 118. 4. SULOCHANA (DAUGHTER OF DECEASED), AGED ABOUT 44 YEARS, D/O RAMA PALAN, R/A 5-203B, DEVI PRASAD, B.E.M SCHOOL, UDAYAVARA, UDUPI TALUK AND DISTRICT - 574 118. 5. SANTHOSH R PLAN (SON OF DECEASED) AGED ABOUT 41 YEARS, S/O RAMA PALAN, NO.1 AND 5 ARE R/A 4-144A, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 KAPPETTU, T.A. PAI MARGA, AMBALAPADY POST, UDUPI TALUK AND DISTRICT - 576 103. …APPELLANTS (BY SRI. HARSHA, ADVOCATE FOR SRI. SACHIN B.S, ADVOCATE) AND: 1. SIDDANTH (DRIVER), AGED ABOUT 21 YEARS, S/O NITHIN KUMAR, R/A PLAT NO 302, 3RD FLOOR, VISHWAS PRIDE, UDUPA COMPOUND, NEAR CHANDU MAIDAN, BAILOOR, 76, BADAGABETTU, UDUPI - 576 107. 2. UDAYA ALVA K (RC OWNER), AGED ABOUT 59 YEARS, S/O M BABU ALVA, R/A 3-60, KOPPALA HOUSE, KINNIKAMBA POST AND VILLAGE, KANDAVARA, KAIKAMBA, MANGALORE - 574 151. 3. THE NATIONAL INSURANCE CO. LTD., (INSURER), REP. BY ITS DIVISIONAL MANAGER, 1ST FLOOR, SRI VIDYAPOORNA COMPLEX, NEAR HEAD POST OFFICE, UDUPI - 576 101. …RESPONDENTS (BY SRI. LAKSHMINARASAPPA, ADVOCATE FOR SRI. A.M. VENKATESH, ADVOCATE FR R3; R1 - SERVED; VIDE ORDER DATED 18.07.2025, NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 03.01.2020, PASSED IN MVC NO.458/2018, ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY - 3 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Harsha who represents Sri. Sachin B.S learned counsel on record for the appellants as well as Sri.Lakshminarasappa who represents Sri. A.M.Venkatesh learned counsel on record for respondent No.3. 2. The claimants in M.V.C. No.458/2018 which stood pending before the Additional Motor Accident Claims Tribunal, Udupi and was disposed of through order dated 03.01.2020 are before this Court seeking enhancement of compensation. 3. The 1st appellant being the wife, appellant Nos.2 to 4 being the daughters and appellant No.5 being the son of the deceased Rama Palan (hereinafter be referred to as 'deceased' for brevity) filed an application seeking compensation raising a ground that the deceased died in a - 4 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 road traffic accident. They projected that the deceased as a Driver of Auto-Rickshaw was earning Rs.15,000/- per month by the date of accident. 4. The tribunal through the impugned order awarded a sum of Rs.3,97,895/- as compensation divided under following heads:- Heads Amount in Rs. Loss of Dependency 2,70,000/- Towards Loss of estate 15,000/- Towards Loss of consortium 40,000/- Towards Funeral expenses 15,000/- Medical expenses 57,895/- Total 3,97,895/- 5. Arguing on merits of the matter, learned counsel for the appellants contends that though the deceased was earning Rs.15,000/- per month by the date of accident, the tribunal took the notional income as Rs.9,000/- per month and awarded meager sum as compensation and therefore the present appeal is filed. 6. Learned counsel contends that the appellants produced the driving license of the deceased also and the - 5 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 same was exhibited as Ex.P.10. Learned counsel also contends that the accident occurred in the year 2017 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.11,000/- per month and therefore the tribunal ought to have adopted the said figure atleast. Learned counsel thereby seeks for enhancement of compensation. 7. Learned counsel who is representing respondent No.3 submits that the tribunal ordered for pay and recovery and so for as quantum is concerned, without disturbing all other parameters, the notional income may be taken as Rs.11,000/- per month. 8. Admittedly, the appellants have not produced any substantive proof with regard to the earnings of the deceased by the date of accident. However, having considered the submission that is made by learned counsel for the appellants, this Court considers desirable to take the notional income of the deceased as Rs.11,000/- per month. On taking the notional income of the deceased as - 6 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 Rs.11,000/- per month and without distributing other parameters i.e., deduction of 50% towards personal and living expenses of the deceased which the deceased would have incurred for himself had he been alive and applying the appropriate multiplier '5' the compensation which the appellants are entitled to under the head loss of dependency is Rs.3,30,000/- (11,000 x 50% x 12 x 5). The tribunal through the impugned order has awarded a sum of Rs.2,70,000/- only under the head loss of dependency. Thus, the appellants are entitled to an additional sum of Rs.60,000/- under the head loss of dependency. Therefore, the appeal is disposed of with the following:- ORDER i. Appeal is allowed in part. ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Udupi - 7 - HC-KAR NC: 2025:KHC:25881 MFA No. 4727 of 2020 through orders in M.V.C. No.458/2018 dated 03.01.2020 is enhanced by Rs.60,000/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.3 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. v. The apportionment made by the tribunal applies to the enhanced sum as well. vi. On such deposit, the appellants are permitted to withdraw their respective shares. vii. The order of pay and recovery applies to enhanced sum as well. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 35 CT: BHK