- 1 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 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.203442 OF 2024 (MV-D) BETWEEN: 1. BHAGYASHREE W/O SHIVAKUMAR MATH, AGE 24 YEARS, OCC. HOUSEHOLD WORK, 2. VEERESH @ VEERABHADRA S/O SHIVAKUMAR MATH, AGE 05 YEARS, OCC. NIL. 3. SHRAVANI D/O SHIVAKUMAR MATH, AGE 03 YEARS, OCC. NIL, R/O. HADAGINAL, TQ. SINDAGI, DIST. VIJAYAPURA-586128. SINCE THE APPELLANT NO.2 AND 3 ARE MINORS R/BY THEIR NATURAL MOTHER APPELLANT NO. 1. 4. SHARANAYYA S/O IRAYYA MATH, AGE 57 YEARS, OCC. AGRICULTURE, R/O. HADGINAL, TQ. SINDAGI, DIST. VIJAYAPURA-586128. 5. MADIVALAMMA W/O SHARANAYYA MATH, AGE 54 YEARS, OCC. HOUSEHOLD Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 R/O. HADAGINAL, TQ. SINDAGI, DIST. VIJAYAPURA-586128. …APPELLANTS (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE) AND: 1. SIDRAMAPPA S/O BASAVARAJ ADAVI, AGE 47 YEARS, OCC. AGRICULTURE, R/O. HADAGINAL, TQ. SINDAGI, DIST. VIJAYAPURA-586128. 2. THE BRANCH MANAGER THE NEW INDIA INSURANCE CO LTD., HANAMASHETTI BUILDING, S S FRONT ROAD VIJAYAPURA-586101. …RESPONDENTS (BY SRI MANVENDRA REDDY, ADV. FOR R2; V/O. DATED 09.09.2025, 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 13.03.2024 PASSED IN MVC NO.510/2021 ON THE FILE OF THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY RS.15,18,180/- ONLY AS CLAIMED BY THE APPELLANTS BEFORE THIS HON’BLE Court, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 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 13.03.2024 in MVC No.510/2021, passed by the I Addl. Senior Civil Judge and MACT-VI, at Vijayapura (for short, ‘the Tribunal’) only on the quantum of compensation. 2. The date of accident, involvement of vehicle and death of Shivakumar S/o Sharnayya Math and the liability to pay compensation are not in dispute. The only dispute in this appeal is with regard to inadequate compensation awarded by the Tribunal. 3. Heard Sri Koujalagi Chandrakant Laxman, learned counsel appearing for the appellants/claimants and Sri Manvendra Reddy, learned counsel for respondent No.2. Vide order dated 09.09.2025 notice of this appeal on respondent No.1 is dispensed with. - 4 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 4. Sri Koujalagi Chandrakant Laxman taking this Court through the judgment and award passed by the Tribunal submits that the Tribunal in the presence of evidence at Ex.P.7 - Driving licence of deceased to substantiate the fact that deceased was a driver and earning Rs.25,000/- p.m., has failed to consider the same and taken the income as fixed under the chart prepared by the Karnataka State Legal Services Authority at Rs.14,250/- p.m. As such, the same requires re- consideration. That apart, the Tribunal has not awarded any compensation under the head loss of estate as well as 10% escalation on the compensation awarded under the conventional heads. With this, learned counsel appearing for the appellants sought to allow the appeal and enhance the compensation. 5. Refuting the submissions of learned counsel for the appellants, Sri Manvendra Reddy presents that in the absence of any income proof, the Tribunal has taken the income as fixed under the Chart for the year 2021 i.e., at - 5 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 Rs.14,250/- p.m. Except producing driving licence, no other records have been produced to show the income of deceased. The Tribunal has awarded appropriate compensation under all the heads, the same does not require any interference at the hands of this Court and accordingly sought to dismiss the appeal. 6. Having heard the learned counsel for the parties, perused the entire appeal papers, the only question that would arise for our 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 could be seen from the record, the driving licence of deceased was produced at Ex.P.7. This clearly shows that deceased was working as a driver. For a driver, in - 6 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 the year 2021, the income at Rs.14,250/- p.m. (fixed under the chart for unskilled labour) is on lower side. A driver is a skilled labour having knowledge of driving. In these circumstances, this Court feels it appropriate to consider the income of deceased at Rs.600/- per day which monthly comes to Rs.18,000/- p.m.(Rs.600 x 30 days). Since deceased was within the age limit of 40 years, 40% towards future prospects is to be added and as he was within age group of 31-35 years, ‘16’ multiplier applied by the Tribunal is taken as appropriate. Considering the same, the compensation awarded under the head loss of dependency requires re-consideration. The Tribunal has not granted 10% escalation on the compensation awarded under the conventional head. The filial consortium awarded is not in consonance with settled position of law by the Hon’ble Apex Court. As such, the award passed by the Tribunal requires re-consideration and re-determination. - 7 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 8. Thus, on re-determination and re-consideration, the appellants are entitled for total compensation as follows: Heads of compensation Amount Loss of Dependency (Rs.18,000 + 40% x 12x 18x 3/4) : Rs. 40,82,400/- Loss of Estate : Rs. 15,000/- Loss of Funeral Expenses : Rs. 15,000/- Loss of spousal, parental and filial consortium (Rs.40,000 x 5) : Rs. 2,00,000/- 10% escalation for three completed years on conventional heads [Rs.2,00,000 + 15,000 + 15,000]. : Rs. 23,000/- TOTAL : Rs. 43,35,400/- 9. The total compensation re-determined by this Court works out to Rs.43,35,400/- as against Rs.32,84,820/- awarded by the Tribunal, accordingly the enhanced compensation comes to Rs.10,50,580/- rounded of to Rs.10,51,000/- which shall carry interest at 6% per annum from the date of filing of the petition till realization. - 8 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 Accordingly, the point for consideration is answered partly in affirmative. 10. 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 13.03.2024 passed by the I Additional Senior Civil Judge and MACT-VI, at Vijayapura in MVC No.510/2021 is hereby modified; iii) The appellants / claimants are entitled for an enhanced compensation of Rs.10,51,000/- along with interest at 6% per annum from the date of filing of the petition till realization; iv) The respondent No.2- insurance company shall deposit the entire enhanced - 9 - HC-KAR NC: 2025:KHC-K:5357-DB MFA No. 203442 of 2024 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.: 4 CT:JLR