- 1 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102229 OF 2014 (MV-D) BETWEEN: 1. SMT. MALU W/O SABU RANGAPPAGOL, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: KODAGUNAR VILLAGE, TQ: ATHANI, DIST: BELAGAVI, NOW R/AT: TERADAL, TQ: JAMAKHANDI, DIST: BAGALKOT. 2. KUM. SIDDUE S/O SABU RANGAPPAGOL, AGE: 17 YEARS, OCC: STUDENT, R/O: KODAGUNAR VILLAGE, TQ: ATHANI, DIST: BELAGAVI, NOW R/AT: TERADAL, TQ: JAMAKHANDI, DIST: BAGALKOT. 3. KUM. SURESH S/O SABU RANGAPPAGOL, AGE: 15 YEARS, OCC: STUDENT, R/O: KODAGUNAR VILLAGE, TQ: ATHANI, DIST: BELAGAVI. NOW R/AT: TERADAL, TQ: JAMAKHANDI, DIST: BAGALKOT. 4. KUM. GIRIMALLA S/O SABU RANGAPPAGOL, AGE: 13 YEARS, OCC: STUDENT, R/O: KODAGUNAR VILLAGE, TQ: ATHANI, DIST: BELAGAVI, NOW R/AT: TERADAL, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 TQ: JAMAKHANDI, DIST: BAGALKOT. 5. SRI. TIPPANNA S/O SHIVAPPA RANGAPPAGOL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: KODAGUNAR VILLAGE, TQ: ATHANI, DIST: BELAGAVI. NOW R/AT: TERADAL, TQ: JAMAKHANDI, DIST: BAGALKOT. 6. SMT. KASHAWWA W/O TIPPANNA RANGAPPAGOL, AGE: 59 YEARS, OCC: HOUSEHOLD, R/O: KODAGUNAR VILLAGE, TQ: ATHANI, DIST: BELAGAVI, NOW R/AT: TERADAL, TQ: JAMAKHANDI, DIST: BAGALKOT. … APPELLANTS (BY SRI. RAJENDRA R. PATIL, ADVOCATE) AND: THE DIVISIONAL MANGER, N.W.K.R.T.C., CHIKODI, THROUGH ITS DIVISIONAL OFFICE AT: N.W.K.R.T.C., JAMAKHANDI DIVISION, JAMAKHANDI, DIST: BAGALKOT. … RESPONDENT (BY SMT. P.R. BENTUR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 18.08.2009 PASSED IN 741/2007 ON THE FILE OF THE LEARNED MACT-VI, JAMKHANDI AND ENHANCE THE AWARD AMOUNT FROM RS.4,29,000/- TO RS.14,00,000/- WITH INTEREST. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This Miscellaneous First Appeal is filed by the claimants/dependants of the deceased Sabu Tippanna Rangappagoal (for short, ‘the deceased’) challenging the judgment and award dated 18.08.2009 passed in MVC No.741/2007 on the file of Motor Accident Claims Tribunal No.VI, Jamkhandi (for short, ‘the Tribunal’), seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, death of the deceased in a road traffic accident and coverage of insurance are not in dispute in this case. 4. In this case, the Tribunal has awarded compensation under various heads as under: - 4 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 Sl. No. Heads Amount in (Rs.) 1. Towards loss of dependency. 3,84,000/- 2. Towards loss of love and affection and estate. 20,000/- 3. Towards loss of consortium. 20,000/- 4. Towards funeral expenses. 5,000/- Total: 4,29,000/- 5. The Tribunal awarded lesser amount of compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be enhanced by modifying the judgment and award of the tribunal. 6. The deceased was aged 30 years as on the date of accident and was doing agricultural work. The accident is caused on 18.05.2007. Hence, in the absence of proof of income, notional income is to be taken at Rs.4,000/- for the year 2007, as recognized by the Karnataka State Legal Services Authority. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, considering the - 5 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 age of the deceased, 40% of the income is to be added towards loss of future prospects in life. There are six dependants, who are father and mother, wife and three children. Therefore, 1/4th of the income is to be deducted towards his personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 17. Therefore, loss of dependency is re-assessed and quantified at Rs.8,56,800/- (Rs.4,000 + 40% x 3/4 x 12 x 17). 7. In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra), the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are six dependents who are father and mother, wife and three children. Accordingly, Rs.2,64,000/- (Rs.40,000 x 6 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. - 6 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 8. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 9. Thus, the claimants would be entitled for total compensation under various heads as under: Sl. No. Heads Amount in (Rs.) 1. Towards loss of dependency 8,56,800/- 2. Towards loss of consortium (40,000 x 6 +10%) 2,64,000/- 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000/- Total: 11,53,800/- 10. Therefore, the claimants are entitled for total compensation of Rs.11,53,800/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,29,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the - 7 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 18.08.2009 passed in MVC No.741/2007 on the file of Motor Accident Claims Tribunal No.VI, Jamkhandi, stands modified. iii) The claimants are entitled for total compensation of Rs.11,53,800/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.4,29,000/- awarded by the Tribunal. iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 8 - HC-KAR NC: 2025:KHC-D:9148 MFA No. 102229 of 2014 v) The order with regard to apportionment of compensation, deposit and release of amount would be as per order of Tribunal. vi) Send a copy of this judgment and award to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP/MRK CT:BCK LIST NO.: 1 SL NO.: 35