- 1 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.203692 OF 2024 (MV-D) BETWEEN: 1. KALAVATI W/O KUMAR HEGADE, AGE 43 YEARS, OCC. HOUSEHOLD WORK, R/O. BASTWAD, TQ. RAIBAG, DIST. BELAGAVI. NOW R/O. JALANAGAR, VIJAYAPURA-586101. 2. MAHADEVI W/O. KUMAR HEGADE, AGE 36 YEARS, OCC. HOUSEHOLD WORK, R/O. BASTWAD, TQ. RAIBAG, DIST. BELAGAVI NOW R/O. JALANAGAR, VIJAYAPURA-586101. 3. BHAKTI D/O. KUMAR HEGADE, AGE 09 YEARS, OCC. STUDENT, R/O. BASTWAD, TQ. RAIBAG, DIST. BELAGAVI. NOW R/O. JALANAGAR, VIJAYAPURA-586101. 4. HARDIK W/O. KUMAR HEGADE, AGE 06 YEARS, OCC. STUDENT, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 R/O BASTWAD, TQ RAIBAG, DIST. BELAGAVI. NOW R/O. JALANAGAR, VIJAYAPURA-586101. SINCE THE APPELLANTS NO.3 AND 4 ARE MINORS THEY R/O. BY THEIR NATURAL MOTHER APPELLANT NO.2. 5. SHRIMANTI W/O. KUMAR HEGADE, AGE 43 YEARS, OCC. HOUSEHOLD WORK, R/O. BASTWAD, TQ. RAIBAG, DIST. BELAGAVI. NOW R/O. JALANAGAR, VIJAYAPURA-586101. …APPELLANTS (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE) AND: 1. SADASHIV S/O BAPU MASKE, AGE 46 YEARS, OCC. BUSINESS. R/O. KOSARI, TQ. JATH, DIST. SANGLI, STATE MAHARASHTRA-416404. 2. THE MANAGER LEGAL GO DIGIT GENERAL INSURANCE CO. LTD., ATLANTIS 95, 4TH B CROSS ROAD, KORAMANGALA INDUSTRIAL LAYOUT 5TH BLOCK, BENGALURU-560095. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O. DATED 07.03.2025, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO A) CALL FOR THE RECORDS B) TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 25-04-2024 PASSED IN MVC NO.1317/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, VIJAYAPURA, AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION - 3 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 AMOUNT BY RS.57,04,200/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON’BLE Court, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by the appellants – claimants calling in question the judgment and award dated 25.04.2024 in MVC No.25.04.2024, passed by the Principal Senior Civil Judge and MACT-V, at Vijayapura (for short, ‘the Tribunal’) only on the quantum of compensation. 2. The date of accident, involvement of vehicle and death of Kumar Hegade and the liability to pay compensation are not in dispute. The only dispute in this appeal is with regard to quantum of compensation awarded by the Tribunal. - 4 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 3. Heard Sri Koujalagi Chandrakant Laxman, learned counsel appearing for the appellants/claimants and Smt. Preeti Patil Melkundi, learned counsel for respondent No.2. Vide order dated 07.03.2025 notice of this appeal on respondent No.1 is dispensed with. 4. Sri Koujalagi Chandrakant Laxman taking this Court through the judgment and award passed by the Tribunal submits that the deceased was working as a Watchman in M/s. Ramachandra and Company and was earning Rs.35,000/- p.m. Even the salary certificate at Ex.P.7 produced showing that he was paid Rs.18,500/- as salary, as per the salary certificate issued by M/s. Ramachandra and Company, wherein he was working as Watchman. The Tribunal has failed to consider the said aspect of the matter, however taken the income as per chart for the year 2022 i.e., Rs.14,750/- p.m. The Tribunal has not considered the future prospects as the deceased was 50 years at the time of his death. Though the Tribunal has deducted 1/4th towards personal - 5 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 expenses of deceased and applied multiplier of ‘13’, however not awarded appropriate compensation under the conventional heads as well as 10% escalation on the same from the year 2017. Accordingly, sought to allow the appeal and enhance the compensation. 5. Refuting the submissions of learned counsel for the appellants, Smt. Preeti Patil Melkundi with all vehemence submitted that the Tribunal in the absence of any proof of income and in the absence of evidence of author of Ex.P.7, considered the income at Rs.14,750/- p.m. as fixed under the chart prepared by the Karnataka State Legal Services Authority for the year 2022. The compensation awarded under all the conventional heads are just and proper. The claimant No.5 i.e., appellant No.5 is second wife and she is not entitled for any compensation towards consortium as the spousal consortium has been awarded in favour of appellant No.1. Accordingly, sought to dismiss the appeal. - 6 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 6. Having heard the learned counsel for the parties, perused the entire appeal papers, the only question that would arise for consideration is: “Whether the compensation awarded by the Tribunal befit within the expression just compensation?” 7. Our answer to the above point for consideration is ‘partly in affirmatively’ for the following: REASONS As rightly submitted by learned counsel appearing for the respondent No.2 – insurance company, there is no proof of income produced by the appellants to show that deceased was working as a Watchman under M/s. Ramachandra and Company and he was earning Rs.18,500/- p.m. Though the salary certificate at Ex.P.7 was produced but to substantiate the same, the author of the said certificate has not been examined. In these circumstances, the Tribunal has rightly taken the income - 7 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 of deceased at Rs.14,750/- p.m., as per the Chart prepared by the Karnataka State Legal Services Authority for the year 2022. hence, we find no infirmity in the income taken by the Tribunal. However, the Tribunal has failed to consider the future prospects to be added to the existing income in terms of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI1 so also 10% escalation on the compensation awarded under the conventional heads. 8. A perusal of the award clearly shows that the compensation under the head loss of consortium is on the lower side. However, it cannot be lost sight that the appellant No.5 herein is the second wife of deceased. The spousal consortium is awarded to appellant No.1, being the first wife and there cannot be double spousal consortium. In these circumstances, the filial consortium including the spousal consortium is to be awarded only in 1 (2017) 16 SCC 680 - 8 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 respect of appellant Nos.1 to 4 and same would comes to Rs.1,60,000/- (Rs.40,000 x 4). 9. Thus, on re-determination and re-consideration, the appellants are entitled for total compensation as follows: Heads of compensation Amount Loss of Dependency (Rs.14,750 + 10% x 12x 13x 3/4) : Rs. 18,98,325/- Loss of Estate : Rs. 15,000/- Loss of Funeral Expenses : Rs. 15,000/- Loss of spousal and filial consortium (Rs.40,000 x 4) : Rs. 1,60,000/- 10% escalation for three completed years on conventional heads [Rs.1,60,000 + 15,000 + 15,000]. : Rs. 19,000/- TOTAL : Rs. 21,07,325/- 10. The total compensation re-determined by this Court works out to Rs.21,07,325/- as against Rs.17,95,800/- awarded by the Tribunal, along with interest at 6% per annum from the date of filing of the - 9 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 petition till realization. Accordingly, the point for consideration is answered partly in affirmative. 11. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 25.04.2024 passed by the Principal Senior Civil Judge and MACT-V, at Vijayapura in MVC No.1317/2022 is modified; iii) The appellants / claimants are entitled for an enhanced compensation of Rs.21,07,325/- as against Rs.17,95,800/- along with interest at 6% per annum from the date of filing of the petition till realization; - 10 - HC-KAR NC: 2025:KHC-K:5381-DB MFA No. 203692 of 2024 iv) The respondent No.2- insurance company shall deposit the entire enhanced compensation along with accrued interest stated supra before the concerned Tribunal, within six weeks from the date of receipt of copy of this order; v) Disbursement and apportionment is as per the order of the Tribunal; vi) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE BL List No.: 1 Sl No.: 33 CT:JLR