- 1 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101124 OF 2021 (MV-D) BETWEEN: 1. SHRI YALLAPPA BUDHAPPA POTE, AGE: 64 YEARS, OCC: NIL, R/O: H.NO.438, NATHPAI NAGAR, ANGOL, BELAGAVI, TQ: AND DIST: BELAGAVI-590 006, STATE: KARNATAKA. 2. SMT. RENUKA YALLAPPA POTE, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: H.NO.438, NATHPAI NAGAR, ANGOL, BELAGAVI, TQ: AND DIST: BELAGAVI-590 006, STATE: KARNATAKA. … APPELLANTS (BY SRI. AMAREGOUDA M., ADVOCATE) AND: 1. M/S. LINGO INDIA PVT. LTD., A-103, 1ST FLOOR, NATIONAL AVENUE, AKURLI ROAD, KANDIVALI (E), MUMBAI-400 101, (OWNER OF THE FORTUNER BEARING NO.MH-2/BV-9779). 2. FUTURE GENERAL INDIA INSURANCE CO. LTD., BRANCH OFFICE, BIG BAZAR, KHANAPUR ROAD, BELAGAVI, (INSURER OF FORTUNER BEARING NO.MH-02/BV-9779). … RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; R1-DISPENSED WITH) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW JUDGMENT AND AWARD DATED 01.03.2021 PASSED IN MVC NO.1148/2017 ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THE THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed under Section-173(1) of the Motor Vehicles Act 1988, by the appellants/claimants, calling in question the judgment and award dated 01.03.2021, passed in M.V.C.No.1148/2017, on the file of the II Additional Sessions Judge and Member of Additional MACT, Belagavi (hereinafter referred to as ‘the Tribunal’ for brevity) seeking enhancement of compensation. 2. Brief facts of the case are that on 13.02.2017, at about 2.00 p.m., the deceased -Praveen Yallappa Pote was proceeding on his motorcycle bearing Reg.No.KA- 22/EK-3401 from Yamakanamardi towards Belagavi and was riding his motorcycle very slowly and on the left side of road, when he came Bhutramanhatti village near, - 3 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 Muktimatha on P.B. Road, Belagavi at that time, a Fortuner bearing Reg.No.MH-02/BV-9779 came from behind in high speed and in rash and negligent manner and on a wrong side and dashed to the motorcycle. Due to which, deceased sustained grievous injuries and died on the spot. Therefore, the claimants being father & mother filed claim petition under Section 166 of the M.V Act seeking for compensation. The Tribunal has allowed the petition in part and granted compensation of Rs.10,30,000/- along with interest at the rate of 6% per annum from the date of petition till its realization. 3. Heard arguments and perused the material placed on record. 4. In this case, the Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 10,20,000/- 2. Towards funeral expenses. 10,000/- Total: 10,30,000/- - 4 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 5. The Tribunal has awarded compensation of Rs.10,30,000/- along with interest at the rate of 6% per annum from the date of petition till its realization. 6. Insofar as quantum of compensation is concerned, the Tribunal has not taken correct parameters. Though the deceased was doing private job as CNC Operator and was receiving salary of Rs.25,000/- per month. But proprietor of company is not examined and also no other corroborative evidence is produced before the Tribunal proving his avocation and salary. Therefore, considering the fact that the accident is occurred on 13.02.2017, the notional income is to be taken at Rs.10,250/- per month, 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 age of the deceased, 40% of the income is to be added towards loss of future prospects in life. The - 5 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 deceased was a bachelor. Therefore, 50% 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.14,63,700/- (Rs.10,250 + 40% minus 50% 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 for Rs.40,000/- under the head ‘loss of consortium’, along with 10% escalation. There are two dependents i.e., his father and mother. Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. Further, the claimants are entitled to Rs.16,500/- (15,000 x 2 + 10%) each towards loss of estate and funeral expenses including 10% escalation. - 6 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 8. Thus, the claimants would be entitled for compensation under various heads as under: 9. Thus, the claimants are entitled to total compensation of Rs.15,84,700/- as against Rs.10,30,000/- awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of filing of the petition till realization. 10. In the result, I proceed to pass the following: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.03.2021, passed in M.V.C. No.1148/2017, on the file of the II Additional Sessions Judge and Member Particulars Amount (in Rs.) Towards loss of dependency 14,63,700/- Towards loss of estate and transportation of dead body and funeral expenses 33,000/- Towards loss of consortium 88,000/- Total 15,84,700/- - 7 - HC-KAR NC: 2025:KHC-D:8632 MFA No. 101124 of 2021 of Additional MACT, Belagavi, stands modified. iii. The claimants are entitled for total compensation of Rs.15,84,700/- as against the compensation of Rs.10,30,000/- awarded by the Tribunal. iv. The entire compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till its realization. v. The insurance company shall deposit the aforesaid amount along with accrued interest within a period of eight weeks from the date of receipt of a copy of this judgment. vi. Send a copy of this judgment to the Tribunal along with TCR. vii. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK List No.: 1 Sl No.: 110