- 1 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO.102799 OF 2019 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.102792 OF 2019 (MV-D), MISCELLANEOUS FIRST APPEAL NO.102793 OF 2019 (MV-D), MISCELLANEOUS FIRST APPEAL NO.102794 OF 2019 (MV-D), MISCELLANEOUS FIRST APPEAL NO.102795 OF 2019 (MV-D) IN MFA NO.102799/2019: BETWEEN: SAHDEV RANJIT GAUBA AGE: 60 YEARS, OCC: PVT. SERVICE, R/O:H.NO.720, DONVADDO SALIGAO, BARDEZ GOA 403511. NOW RESIDING AT CHURCH STREET, NEAR ST. PAUL’S SCHOOL, CAMP, BELAGAVI. …APPELLANT (BY SRI. YASH NADAKARNI FOR SRI. VITTHAL S. TELI, ADVOCATES) AND: 1. BAJIRAO BALIRAM LAD, AGE: MAJOR, OCC: TRANSPORT BUSINESS, R/O. SHRIPRASADHA, C.H.S. BUILDING NO.108, FLAT NO.2, STATION ROAD, NALASOFARA WEST, TQ: VASAI, DIST: THANE, MAHARASHTRA 401203. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI 590001. …RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.04.2019 PASSED IN MVC NO.532/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. IN MFA NO.102792/2019: BETWEEN: 1. PHILOMENA ASHISH FERNANDES AGE. 45 YEARS, OCC. HOUSEWIFE, R/O. HIGH STREET, NEAR MASJID CAMP, BELAGAVI. 2. MOSES ASHISH FERNANDES AGE. 24 YEARS, OCC. STUDENT, R/O HIGH STREET, NEAR MASJID CAMP, BELAGAVI. ...APPELLANTS (BY SRI. YASH NADAKARNI, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. BAJIRAO BALIRAM LAD, AGE. MAJOR, OCC. TRANSPORT BUSINESS, R/O SHRIPRASADHA, C.H.S. BUILDING NO.108, FLAT NO.2, STATION ROAD, NALASOFARA WEST, TQ. VASAI, DIST. THANE, MAHARASHTRA-401203. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI. ...RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018 PASSED IN MVC NO.405/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. - 3 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS IN MFA NO.102793/2019: BETWEEN: 1. JOKHAN BECHU MORYA AGE. 63 YEARS, OCC. COOLIE, 2. KAMALAVATIDEVI JOKHAN MORYA AGE. 60 YEARS, OCC. HOUSEWIFE, 3. KUNTHI AMARNATH MORYA AGE. 28 YEARS, OCC. HOUSEWIFE, 4. KARSH S/O AMARNATH MORYA AGE. 9 YEARS, OCC. STUDENT, 5. KHUSHI D/O AMARNATH MORYA AGE. 7 YEARS, OCC. STUDENT, 6. GAGAN S/O AMARNATH MORYA AGE. 5 YEARS, OCC. STUDENT, (SINCE APPELLANT NO.4 TO 6 ARE MINOR’S R/BY THEIR NATURAL MOTHER I.E. APPELLANT NO.2) ...APPELLANTS (BY SRI. YASH NADAKARNI, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. BAJIRAO BALIRAM LAD, AGE. MAJOR, OCC. TRANSPORT BUSINESS, R/O SHRIPRASADHA, C.H.S. BUILDING NO.108, FLAT NO.2, STATION ROAD, NALASOFARA WEST, TQ. VASAI, DIST. THANE, MAHARASHTRA-401203. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590001. 3. REENA JOKHAN MORYA AGE. 24 YEARS, OCC. STUDENT, ALL ARE R/O PEERANWADI, TQ. & DIST. BELAGAVI-590014. ...RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 & R3 DISPENSED WITH) - 4 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018 PASSED IN MVC NO.406/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. IN MFA NO.102794/2019: BETWEEN: 1. IN MFA NO.102794/2019: BETWEEN: 1. JUBEDA W/O ALLABAKSHA @ ALISAB BAGAWAN AGE. 65 YEARS, OCC. HOUSEWIFE, R/O 6TH CROSS, NEW GANDHI NAGAR, TQ. & DIST. BELAGAVI-590016. 2. AFREEN D/O ALLABAKSHA @ ALISAB BAGAWAN AGE. 17 YEARS, OCC. STUDENT, R/O 6TH CROSS, NEW GANDHI NAGAR, TQ. & DIST. BELAGAVI-590016. 3. RIZWANA D/O ALLABAKSHA @ ALISAB BAGAWAN AGE. 15 YEARS, OCC. STUDENT, R/O 6TH CROSS, NEW GANDHI NAGAR, TQ. & DIST. BELAGAVI-590016. 4. REHANA D/O ALLABAKSHA @ ALISAB BAGAWAN AGE. 13 YEARS, OCC. STUDENT, R/O 6TH CROSS, NEW GANDHI NAGAR, TQ. & DIST. BELAGAVI-590016. (SINCE APPELLANT NO.2 TO 4 ARE MINOR’S THEY ARE R/BY THEIR NATURAL MOTHER I.E. APPELLANT NO.1) ...APPELLANTS (BY SRI. YASH NADAKARNI, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. BAJIRAO BALIRAM LAD, AGE. MAJOR, OCC. TRANSPORT BUSINESS, R/O SHRIPRASADHA, C.H.S. BUILDING NO.108, FLAT NO.2, STATION ROAD, NALASOFARA WEST, TQ. VASAI, DIST. THANE, MAHARASHTRA-401203. - 5 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590016. ...RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018 PASSED IN MVC NO.407/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. IN MFA NO.102795/2019: BETWEEN: 1. VIKRAM S/O MUNASAR KUSHWAHA AGE. 65 YEARS, OCC. CENTERING, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008. 2. PAANPATIDEVI W/O VIKRAM KUSHWAHA AGE. 60 YEARS, OCC. HOUSEWIFE, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008. 3. SUSHILADEVI W/O VIJAY KUSHWAHA AGE. 31 YEARS, OCC. HOUSEWIFE, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008. 4. NIKHIL S/O VIJAY KUSHWAHA AGE. 9 YEARS, OCC. STUDENT, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008. 5. NIKESH S/O VIJAY KUSHWAHA AGE. 7 YEARS, OCC. STUDENT, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008. (SINCE APPELLANT NO.4 & 5 ARE MINORS THEY ARE R/BY THEIR NATURAL MOTHER I.E. APPELLANT NO.3) ...APPELLANTS (BY SRI. YASH NADAKARNI, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE) - 6 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS AND: 1. BAJIRAO BALIRAM LAD, AGE. MAJOR, OCC. TRANSPORT BUSINESS, R/O SHRIPRASADHA, C.H.S. BUILDING NO.108, FLAT NO.2, STATION ROAD, NALASOFARA WEST, TQ. VASAI, DIST. THANE, MAHARASHTRA-401203. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590001. 3. MANOJ S/O VIKRAM KUSHWAHA AGE. 25 YEARS, OCC. STUDENT, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590001. 4. MANJESH S/O VIKRAM KUSHWAHA AGE. 24 YEARS, OCC. STUDENT, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590001. 5. PUNITA D/O VIKRAM KUSHWAHA AGE. 21 YEARS, OCC. STUDENT, R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590001. ...RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1,R3 TO R5 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018 PASSED IN MVC NO.408/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 7 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) MFA.No.102799/2019 is filed by the claimant seeking enhancement of compensation being aggrieved by the judgment & award dated 02.04.2019 passed in MVC Nos.532/2014 by the X Additional District Judge and Member of Addl. Motor Accident Claims Tribunal, Belagavi (for short, ‘Tribunal’). 1(a). MFA.Nos.102792/2019, 102793/2019, 102794/2019 and 102795/2019 are filed by the appellants/claimants seeking enhancement of compensation being aggrieved by the common judgment & award dated 05.03.2018 passed in MVC Nos.405, 406, 407 and 408 of 2014 by the Tribunal. 2. Brief facts leading to filing of these appeals are that on 19.03.2013, one Santaji Kailash Kiradat driver of luxury bus bearing Registration No. MH-04/FC-9559, drove the same on Goa-Bombay Highway at a high speed in a rash and negligent manner. While he was proceeding on the Jagbudi Bridge, he lost control over the bus as a result, he went off the road and - 8 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS dashed to the bridge railings. Due to the said impact, the bus fell into the Jagbudi River from the height of 32 feet resulting in the death of 37 passengers and injury to 14 passengers. 2(a). It is further averred that the deceased-Maria Sadeo Gauba in MVC No. 532/2014 was 40 years old at the time of accident and was doing service in Goan Cuisine Pvt. Ltd, Australia and was thereby earning Australian Dollar 40,310.40 (Rs.16,12,400) per annum. Due to her untimely death, the claimant has lost dependency, love and affection and filed a claim petition seeking compensation of Rs. 1,60,00,000/-. 2(b). The deceased-Bawtis Ashish Fernandes in MVC.No. 405/2014 was 22 years old at the time of the accident and was working as a Seaman/Deck Officer in a Ace-Ship Management, Mumbai on a contract basis earning a salary of Rs.50,000/- and due to his untimely death the appellants/claimants have filed claim petition seeking compensation of Rs.62,00,000/-. The deceased-Amarnath in MVC.No.406/2014 was aged about 25 years at the time of accident and was doing centering work and earning Rs.20,000/- per month and the appellants/claimants have filed claim petition seeking - 9 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS compensation of Rs.65,00,000/-. The deceased-Mashak in MVC.No.407/2014 was aged about 22 years at the time of the accident and was mason by avocation and earning Rs.20,000/- per month and the appellants/claimants have filed claim petition seeking compensation of Rs.60,00,000/-. The deceased-Vijay in MVC.No.408/2014 was aged about 28 years at the time of the accident and was doing centering work and earning Rs.20,000/- per month and the appellants/claimants have filed claim petition seeking compensation of Rs.65,00,000/-. 2(c). The respondent No.2 filed statement of objections denying the averments made in the claim petitions. It is averred that at the time of accident the driver of offending vehicle did not have a valid and effective driving license to drive such a class of vehicle and there were 52 persons travelling in the said bus against seating capacity of 48 which is violation of permit conditions. It is further averred that the deceased persons were proceeding in the bus as a gratuitous passengers. Hence, it seeks to dismiss the claim petitions. - 10 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS 2(d). The Tribunal recorded the evidence. The claimant in MVC.No.532/2014 have examined himself as PW-1 and got marked documents as Exs.P1 to P15. The respondent did not adduce evidence, and did not produce any document. The claimants in MVC.Nos.405, 406, 407 and 408 of 2014 have examined four witnesses as PWs-1 to PW-4 and got marked Exs.P1 to P15. The respondent examined two witnesses as RW-1 and RW-2 and got marked Exs.R1 to R9. 2(e). The Tribunal in MVC No.532/2014, awarded a total compensation of Rs.7,94,200/- along with the interest at the rate of 6% per annum and also in MVC.Nos.405/2014, 406/2014. 407/2014 and 408/2014 awarded a total compensation of Rs.13,26,000/-, Rs.12,04,000/-, Rs.7,86,000/-, Rs.11,41,000/- respectively along with the interest at the rate of 6% per annum. The Tribunal recorded the finding that both respondent Nos.1 and 2 are jointly and severally liable to pay the total compensation. Being aggrieved, the appellants/claimants are in these appeals seeking higher compensation. - 11 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS 3. Sri.Vittal S. Theli, learned counsel appearing for the appellants/claimants submits that the Tribunal has committed grave error is assessing the income of the deceased persons. It is submitted that in MVC.Nos.532/2014, the deceased was earning salary of 40,310.40 Australian Dollar per annum. However, the Tribunal assessed the income of the deceased at Rs.12,000/- per month. It is further submitted that the non award of compensation under the head of loss of dependency is erroneous. Hence, he seeks to reassess the same. 3(a). Learned counsel for the appellants/claimants submits that the Tribunal has erred in assessing the income of the deceased and loss of future prospects of the deceased in all the claim petitions. It has awarded meager compensation under the head of loss of consortium, loss of estate and transportation of dead body and funeral expenses. It is further submitted that the appellants are entitled to 10% escalation on the amount of compensation under the conventional heads. It is also submitted that the Tribunal in MVC.Nos.406/2014 and 408/2014 has committed grave error in not considering the unmarried brothers and sisters as dependents of the deceased - 12 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS which also requires to be interfered in these appeals. Hence, he seeks to allow the appeals filed by the claimants. 4. Sri.Rajashekar S. Arani, learned counsel appearing for the respondent No.2/insurance company supports the impugned judgments and awards of the Tribunal and submits that the Tribunal has rightly awarded compensation by properly assessing the income of the deceased persons based on the evidence available on record. It is submitted that the claimants have not produced any acceptable evidence before the Tribunal with regard to the income. Hence, award of compensation by the Tribunal is just and proper and does not call for any enhancement. He seeks for dismissal of the appeals. 5. We have heard the arguments of the learned counsel for the appellants and respondent-insurance company and perused the materials available on record. We have given our anxious consideration to the submissions advanced on both sides. The point that arises for consideration in these appeals is, whether the impugned judgments and awards of the Tribunal call for any interference in these appeals? - 13 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS 6. The aforesaid point is answered in ‘partly affirmative’ for the following reasons: a. In MVC No.532/2014, the appellant/ claimant is the husband of the deceased-Mariya Sadeo Gauba. She was aged about 47 years at the time of accident and was doing service in Goan Cuisine Pty. Ltd., Australia. The Tribunal considered her income at Rs.12,000/- per month and awarded compensation of Rs.7,94,200/-. The contention with regard to the income of the deceased is without any basis as the appellant/claimant have produced only pay slips at Exs.P7 to P9 and the employment details at Ex.P10. However, the author of Exs.P7 to P10 has not been examined before the Tribunal nor placed corroborative evidence to substantiate the claim that the deceased was drawing a salary of 40,310.40 Australian Dollar per annum. The Tribunal taking note of the evidence of PW.1 has come to a conclusion that PW.1 is also working at Australia and his nature of avocation is shifting the patients in hospital and is earning - 14 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS independently. The Tribunal awarded Rs.7,39,200/- under the head of loss of estate, which in our view is just and proper and does not call for any modification. The award of compensation under the head of loss of consortium is Rs.40,000/- and Rs.15,000/- towards the transportation of dead body and funeral expenses. The appellant/claimant is also entitled to an addition of 10% to the same. b. In MVC No.405/2014, the appellants/ claimants are parents and younger brother of the deceased-Bawtis Ashish Fernandes. The deceased was aged about 22 years at the time of the accident, hence, the appropriate multiplier would be 18. The Tribunal assessed his income at Rs.12,000/- per month and awarded total compensation of Rs.13,26,000/-. The record indicates that the deceased was working as Seaman/Deck Officer in Ace-Ship Management, Mumbai on contract basis as it is evident from Ex.P9. Considering his education qualification and nature of work, we are of the view that the income - 15 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS of the deceased is required to be reassessed at Rs.13,000/- per month. The appellants/claimants are entitled to an addition of 40% of the assessed income under the head of loss of future prospects of the deceased. The deceased was bachelor and the appropriate deduction would be 50% towards the personal and living expenses of the deceased. Hence the loss of dependency is as under: Rs.13000 + 40% x 12 x 18 – 50% = Rs.19,65,600/- The appellants/claimants are also entitled to consortium of Rs.44,000/- and Rs.16,500/- under the head of loss of estate and Rs.16,500/- towards the transportation of dead body and funeral expenses. The aforesaid amount includes 10% escalation. c. In MVC No.406/2014, the appellants/ claimants are parents, wife, minor children and unmarried younger sister of the deceased- Amarnath Morya. The deceased was aged about 25 years at the time of accident, hence, the - 16 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS appropriate multiplier would be 18. The Tribunal notionally assessed his income at Rs.7,000/- per month which is just and proper as the accident is of the year 2013. The appellants/claimants are entitled to an addition of 40% of the assessed income under the head of loss of future prospects of the deceased. The Tribunal erred in not considering claimant No.7 as dependent. The records indicate that the claimant No.7 is an unmarried sister of the deceased pursuing her education and was residing along with the deceased and she was fully dependent on his earning, hence, the appropriate deduction would be 1/5th. Hence, the loss of dependency is as under: Rs.7000 + 40% x 12 x 18 – 1/5 = Rs.16,93,440/- The appellants/claimants are also entitled to consortium of Rs.44,000/- each and Rs.16,500/- under the head of loss of estate and Rs.16,500/- towards the transportation of dead body and - 17 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS funeral expenses. The aforesaid amount includes 10% escalation. d. In MVC No.407/2014, the appellants/ claimants are parents and siblings of the deceased- Mashak. The deceased was aged about 25 years at the time of accident, hence, the appropriate multiplier would be 18. Though it is claimed that the deceased was earning Rs.20,000/- per month but no cogent evidence is placed on record. Hence, we affirm the notional income assessed by the Tribunal. The appellants/claimants are entitled to an addition of 40% under the head of loss of future prospects and deduction towards personal and living expenses would be 50% as the deceased was bachelor at the time of accident. Hence, the loss of dependency is as under: Rs.7000 + 40% x 12 x 18 – 50% = Rs.10,58,400/- The appellants/claimants are also entitled to consortium of Rs.44,000/- each and Rs.16,500/- under the head of loss of estate and Rs.16,500/- - 18 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS towards the transportation of dead body and funeral expenses. The aforesaid amount includes 10% escalation. e. In MVC No.408/2014, the appellants/ claimants are parents, wife, children and unmarried siblings of the deceased-Vijay. The deceased was aged about 28 years at the time of accident, hence, the appropriate multiplier would be 17. The Tribunal taking note of the fact that no legally acceptable evidence were placed with regard to the income of the deceased and assessed the income of the deceased notionally at Rs.7,000/- per month which we affirm. The appellants/claimants are entitled to an addition of 40% under the head of loss of future prospects. We are also conscious of the fact that the Tribunal erred in not considering the claimant Nos.7 to 9 as the dependents of the deceased. The claimant Nos.7 to 9 are the siblings of the deceased and as per the evidence on record they were pursuing education, residing with the deceased and were dependent on his income, - 19 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS hence, the deduction towards the personal and living expenses of the deceased would be 1/5th. Hence, the loss of dependency is as under: Rs.7000 + 40% x 12 x 17 – 1/5 = Rs.15,99,360/- The appellants/claimants are also entitled to consortium of Rs.44,000/- each and Rs.16,500/- under the head of loss of estate and Rs.16,500/- towards the transportation of dead body and funeral expenses. The aforesaid amount includes 10% escalation. 7. Having considered the pleading and evidence on record, we are of the considered view that the appellants/claimants are entitled for the enhanced compensation as under: 7(a). In MVC.No.532/2014 (MFA.No.102799/2019), the appellant/claimant would be entitled to modified compensation on the following heads: - 20 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS 7(b). In MVC No.405/2014 (MFA.No.102792/2019), the appellants/claimants would be entitled to modified compensation on the following heads: 7(c). In MVC No.406/2014 (MFA.No.102793/2019), the appellants/claimants would be entitled to modified compensation on the following heads: Particulars Amount (in Rs.) Loss of estate 7,39,200/- Transportation of dead body and funeral expenses 16,500/- Loss of consortium 44,000/- Total 7,99,700/- Particulars Amount (in Rs.) Loss of dependency 19,65,600/- Loss of estate 16,500/- Transportation of dead body and funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 2) 88,000/- Total 20,86,600/- Particulars Amount (in Rs.) Loss of dependency 16,93,440/- Loss of estate 16,500/- Transportation of dead body and funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 7) 3,08,000/- Total 20,34,440/- - 21 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS 7(d). In MVC No.407/2014 (MFA.No.102794/2019), the appellants/claimants would be entitled to modified compensation on the following heads: 7(e). In MVC No.408/2014 (MFA.No.102795/2019), the appellants/claimants would be entitled to modified compensation on the following heads: 8. In the result, this Court proceeds to pass the following: Particulars Amount (in Rs.) Loss of dependency 10,58,400/- Loss of estate 16,500/- Transportation of dead body and funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 4) 1,76,000/- Total 12,67,400/- Particulars Amount (in Rs.) Loss of dependency 15,99,360/- Loss of estate 16,500/- Transportation of dead body and funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 8) 3,52,000/- Total 19,84,360/- - 22 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS ORDER a) The appeals are allowed in part. b) The impugned judgment and award of the Tribunal in MVC No.532/2014 is modified to an extent that the appellant/claimant would be entitled to total compensation of Rs.7,99,700/- as against Rs.7,94,200/- awarded by the Tribunal. c) The impugned judgment and award of the Tribunal in MVC No.405/2014 is modified to an extent that the appellants/claimants would be entitled to total compensation of Rs.20,86,600/- as against Rs.13,26,000/- awarded by the Tribunal. d) The impugned judgment and award of the Tribunal in MVC No.406/2014 is modified to an extent that the appellants/claimants would be entitled to total compensation of Rs.20,34,440/- as against Rs.12,04,000/- awarded by the Tribunal. - 23 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS e) The impugned judgment and award of the Tribunal in MVC No.407/2014 is modified to an extent that the appellants/claimants would be entitled to total compensation of Rs.12,67,400/- as against Rs.7,86,000/- awarded by the Tribunal. f) The impugned judgment and award of the Tribunal in MVC No.408/2014 is modified to an extent that the appellants/claimants would be entitled to total compensation of Rs.19,84,360/- as against Rs.11,41,000/- awarded by the Tribunal. g) The compensation amount shall carry interest at the rate of 6% per annum from the date of claim petition till realization. h) The respondent No.2/Insurer shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. - 24 - HC-KAR NC: 2025:KHC-D:11685-DB MFA No.102799 of 2019 C/W MFA No.102792 of 2019 AND 3 OTHERS i) The apportionment, deposit and disbursement of enhanced compensation shall be made as per award of the Tribunal. j) Registry to transmit the records to the Tribunal forthwith. k) Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK LIST NO.: 1 SL NO.: 5