- 1 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO. 204100 OF 2023 (MV-I) BETWEEN: 1. MALLAMMA W/O. SHRISHAIL SULIBHAVI, AGE 55 YEARS, OCC. NIL, 2. BASAMMA W/O. GUNDAPPA SULIBHAVI, AGE 32 YEARS, OCC. HOUSE HOLD WORK, 3. VARSHA @ SANGANABASAWWA D/O. GUNDAPPA SULIBHAVI, AGE 10 YEARS, MINOR GUARDIAN BY APPELLANT NO.2 4. SHRAVANI D/O. GUNDAPPA SULIBHAVI, AGE 8 YEARS, MINOR GUARDIAN BY APPELLANT NO. 2, ALL ARE RESIDENT OF BASARKOD, TALUKA MUDDEBIHAL, DISTRICT VIJAYAPURA-586116. …APPELLANTS (BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 AND: 1. PUNDALIK S/O. VITHAL KANASE, AGE 45 YEARS, OCC. BUSINESS, RESIDENT OF SULAKHE HOUSE, RAGHAVENDRA MATH, DIVATAGERI GALLI, VIJAYAPURA-586101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, 1ST FLOOR, SANGAMA BUILDING, SS FRONT ROAD, VIJAYAPURA-586101. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O. DATED 02.07.2025, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT , PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 03-03-2021 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT XII, AT VIJAYAPURA IN MVC NO.579/2018, 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 claimants for enhancement of compensation arising out of the judgment and award - 3 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 dated 03.03.2021 in MVC No.579/2018 passed by the III Additional Senior Civil Judge & MACT-XII, Vijayapura. 2. The date of accident, involvement of vehicle, death of Gundappa S/o Shrishail Sulibhavi and liability to pay the compensation are not in dispute, the only dispute is in respect of inadequate compensation. 3. Heard Sri. Sanganagouda V. Biradar, learned counsel appearing for the claimants/appellants and Smt. Preeti Patil Melkundi, learned counsel appearing or respondent No.2–insurance company. Notice on respondent No.1 is dispensed with, vide order dated 02.07.2025. 4. Sri. Sanganagouda V. Biradar, submits that the Tribunal has failed to consider the income of the deceased. The year of the accident was 2018. The deceased was aged 31 years as per PM report Ex.P4 and was an agriculturalist. In terms of the chart prepared by the Legal Service Authority the income fixed for the year 2018 - 4 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 is Rs.11,750/-. The Hon’ble Apex Court in National Insurance Co. Ltd. vs. Pranay Sethi and others1, has ruled that a person self employed within the age limit of 40 years, 40% required to be added towards future prospectus to the existing income as on the date of accident and also 10% escalation for each 3 years from 2017 on the compensation awarded under the conventional head. The Tribunal has failed to consider this aspect of the matter and also erred in awarding appropriate compensation under the conventional head. Keeping in view, the law laid down by the Hon’ble Apex Court in Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others2. Since there are four claimants, mother, wife and two children, the compensation awarded by the Tribunal requires re- determination and reconsideration and sought to allow the appeal and enhance the compensation. 1 (2017) 16 SCC 680 2 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 5. Refuting the submissions of learned counsel appearing for the appellants Smt. Preeti Patil Melkundi submits that the Tribunal in the absence of any income proof properly taken for the income at Rs.8,000/- and awarded appropriate compensation under all the heads, which does not call for any interference at the hands of this Court and sought to dismiss the appeal. 6. Having heard the learned counsel appearing for the parties, perused the entire appeal papers. 7. The only point that would arise for our consideration is: Whether the compensation awarded by the Tribunal befit within the expression just compensation, if answer is otherwise, whether the same requires any interference at the hands of this Court? - 6 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 8. Our answer to the above point for consideration is partly affirmative for the following reasons: REASONS 9. Admittedly, the accident had occurred on 21.04.2018. As per the income fixed under the chart prepared by the Legal Service Authority of Kalaburagi Bench is Rs.11,750/- for the year 2018. As the deceased was 31 years as on the date of death in terms of law laid down by the Hon’ble Apex Court in Pranay Sethi supra, 40% is to be added towards future prospectus and 10% enhancement be added towards compensation awarded under conventional head. So also in terms of law laid down by the Hon’ble Apex Court in Magma supra, the Tribunal has not awarded appropriate compensation under the head loss of consortium, i.e., spousal as well as filial. In these circumstances, the compensation awarded by the Tribunal requires re-determination and reconsideration. - 7 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 10. On re-determination the same would comes to : i) Loss of dependency (11,750 + 40% x 12 x 16 x ¾) Rs.23,68,800/- ii) Loss of consortium (40,000 x 4 ) Rs.1,60,000/- iii) Funeral expenses and Transportation Rs.15,000/- iv) Loss of estate Rs.15,000/- v) 20% escalation (10%+10% two terms of three years from 2017) Rs.38,000/- TOTAL Rs.25,96,800/- 11. Accordingly, the appellants are entitled for a sum of Rs.25,96,800/- as against Rs.12,22,000/-. On re- determination, the enhanced compensation would works out to Rs.13,74,800/- rounded of to Rs.13,75,000/-, which shall carry interest at 6% per annum from the date of filing of the petition till realization. 12. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is Allowed-In-Part; - 8 - HC-KAR NC: 2025:KHC-K:5281-DB MFA No. 204100 of 2023 ii) The judgment and award passed by the Tribunal in MVC No.579/2018, dated 03.03.2021, passed by the III Addl. Senior Civil Judge & MACT XII, Vijayapur is modified and enhanced; iii) The appellants are entitled for enhanced compensation of Rs.13,75,000/- which shall carry interest at the rate of 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 compensation along with accrued interest stated supra before the concerned Tribunal, within a period of six weeks from the date of receipt of certified copy of this judgment. v) Apportionment as well as disbursement are unaltered. vi) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE SMP List No.: 1 Sl No.: 50 CT:JLR