- 1 - NC: 2025:KHC-D:368-DB MFA No. 102983 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.102983 OF 2022 (MV-D) BETWEEN: 1. SHRI. M BHEEMAPPA @ MANNEM BHEEMAPPA, W/O LATE. GOVINDAPPA, AGE: 48 YEARS, OCC.: AGRICULTURIST, (FATHER OF THE DECEASED SMT. G MAMATA @ GANNE MAMATA) 2. SMT. CHANDRAKALA, W/O M. BHEEMAPPA @ MANNEM BHEEMPPA, AGE: 44 YEARS, OCC. HOUSEWIFE, (MOTHER OF THE DECEASED SMT. G MAMATA @ GANNE MAMATA) 3. KUM. PAVITRA, D/O M. BHEEMAPPA @ MANNEM BHEEMAPPA, AGE. 21 YEARS, OCC. STUDENT, 4. KUM. M. ASHWITHA, D/O M. BHEEMAPPA @ MANEM BHEEMPPA, AGE: 19 YEARS, OCC. STUDENT ALL ARE R/O. THAGGINA BHUDIHAL VILLAGE, BALLARI TALUK AND DIST. DISTRICT 583110. - APPELLANTS (BY SRI. GODE NAGARAJA, ADVOCATE) AND: 1. SHRI. P. SATISH @ SATISH P RADDY, S/O MUNISADAPPA @ BASAVARADDI, AGE: 41 YEARS, OCC.: REGISTERED OWNER OF THE HYUNDAI SANTRO CAR BEARING REG.NO.KA-03/ME 9783, Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:368-DB MFA No. 102983 of 2022 R/O. NO. 425, SHRI SAI PARADISE SEEGEHALLI, KUDUGODI POST, NEAR SAI BABA ASHRAM, BENGALURU, PRESENTLY R/O. 3RD CROSS, NEHARU COLONY, BALLARI 583101. 2. M/S HDFC ERGO GENERAL INSURANCE COMPANY LTD., BY ITS DIVISIONAL MANAGER, NEAR RTO OFFICE, CANTONMENT, BALLARI 583103. - RESPONDENTS (BY SRI. T. HANUMAREDDY, ADVOCATE FOR R1; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.08.2021 PASSED IN MVC NO.430/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-III, AND PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:368-DB MFA No. 102983 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the claimants in M.V.C. No. 430/2018 on the file of the MACT-III & Prl. Sr. Civil Judge & CJM, Bellary [‘the Tribunal’]. The claimants are the parents and sisters of Smt. Mamatha @ Ganne Mamatha who has lost her life in a road accident on 03.08.2017 while she was traveling in a car with her husband and mother-in-law. The Tribunal has awarded a total sum of Rs.1,60,000/- as consortium to each of the claimants-appellants at the rate of Rs.40,000/- each. The claimants-appellants seek enhancement contending that the accident, the demise in the accident and the Insurer’s liability is not disputed. 2. Sri Gode Nagaraja, the learned counsel for the claimants-appellants, and Sri Nagaraj C. Kolloori, the learned counsel for the Insurer, are heard on whether there must be any enhancement in compensation. This Court must record that the Insurer cannot dispute that though the Claimants are not entitled for loss of dependency because - 4 - NC: 2025:KHC-D:368-DB MFA No. 102983 of 2022 they are the deceased’s parents or sisters, they in law would be entitled to loss of estate. It is further indisputable that loss of the estate should be 25% of the compensation which would be payable towards loss of dependency, and therefore, loss of the dependency will have to be computed. 3. Sri Gode Nagaraja contends that the deceased was aged 22 years, engaged in tailoring and embroidery, earning Rs.15,000/- per month. Sri Nagaraj Kolloori admits that there is no evidence in this regard. On perusal of the records, this Court must opine that there is no evidence to accept that the petitioner was indeed engaged in the skilled work of a tailor or embroidery work earning an income, but it cannot be disputed that the deceased as a young lady aged 22 years, would be an earning member and that her income should be taken as per schedule evolved for settlement in Lok - Adalat. 4. If the income of the deceased is accordingly taken, it would be Rs.10,250/- per month. The claimants will be entitled for addition towards future prospects at 40% - 5 - NC: 2025:KHC-D:368-DB MFA No. 102983 of 2022 and loss of dependency must be calculated applying the multiplier of 18 after deducting 50% towards personal expenses. If the loss of dependency is calculated thus, it would be in a sum of Rs.15,49,800/-. The computation will be as follows: 1. Monthly income [A] Rs.10,250/- 2. Addition towards Future prospects at 40% [B] Rs.4,100/- Total [A + B] Rs.14,350/- 3. Deduction towards personal expenses at 50% 7,175/- 4. Net income 7,175/- 5. Annual Income 86,100/- 6. Loss of Dependency with multiplier at 18 15,49,800/- 7. Loss of Estate @ 25% Rs.3,87,450/- In the light of the afore, the following order. ORDER [A] The appeal is allowed in part. The Tribunal’s impugned judgment and award insofar as M.V.C. No. 430/2018 are modified granting compensation of Rs.3,87,450/- with interest at 6% p.a. from the date of application to the date of deposit. - 6 - NC: 2025:KHC-D:368-DB MFA No. 102983 of 2022 [B] The Insurer is called upon to deposit Rs.3,87,450/- with interest within eight [8] weeks from the date of receipt of a certified copy of this Order. [C] The Tribunal, upon deposit of this amount, shall disburse the amount to the claimants in equal proportion. The office is directed to draw award accordingly and remit the trial court records expeditiously. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 12