- 1 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO.101811 OF 2016 (MV-D) BETWEEN: 1. SMT. KALLAWWA W/O BASAPPA KOLI AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O: ARJUNWAD-591 309, TQ: HUKKERI, DIST: BELAGAVI. 2. SMT. SHRIDEVI D/O BASAPPA KOLI AGE: 22 YEARS, OCC: HOUSEHOLD WORK, R/O: ARJUNWAD-591 309, TQ: HUKKERI, DIST: BELAGAVI. 3. KUMARI SANJANA D/O BASAPPA KOLI AGE: 9 YEARS, OCC: STUDENT, SINCE MINOR R/BY HER NATURAL MOTHER NEXT FRIEND APPELLANT NO.1 SMT. KALLAWWA W/O BASAPPA KOLI …APPELLANTS (BY SMT. SUNANDA P. PATIL, ADVOCATE) AND: THE DIVISIONAL CONTROLLER NWKRTC CHIKKODI DIVISION, CHIKKODI-591 201, DIST: BELAGAVI. (OWNER & INSURER OF BUS NO.KA-27/F-377) …RESPONDENT (BY SRI. M.K. SOUDAGAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 09.03.2016 PASSED IN MVC NO.1983/2015 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUKKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.31 14:48:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 THIS MFA COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the claimants seeking enhancement of compensation awarded under judgment and award dated 09.03.2016 passed in MVC No.1983/2015 on the file of learned Member, Addl. MACT, Hukkeri1. 2. Brief facts leading to filing of this appeal are that the appellants who are the wife and major children of the deceased Basappa Kallappa Koli, filed a claim petition under Section 166 of the MV Act contending that on 5.8.2015, the deceased Basappa Kallappa Koli was proceeding on bicycle on Ghataprabha-Hukkeri road. At that time, one NWKRTC bus bearing reg.No.KA-27/F-377 came from behind from Ghataprabha side in a high speed and rash and negligent manner and dashed against the bicycle of the deceased. 1 For short, ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 Due to the said accident, the deceased has sustained fatal injuries to his head and succumbed to the said injuries. It is averred that the deceased was aged 49 years, working as waterman in Gram Panchayat Kochari and getting salary of Rs.7,012/- per month, besides earning Rs.1,00,000/- from agriculture and Rs.6,000/- per month from milk vending business. 3. Respondent/Corporation filed written statement denying the age, income and avocation of the deceased and denied that the occurrence of the accident was due to negligent driving of the driver of the NWKRTC bus and sought to dismiss the claim petition. 4. The Tribunal on appreciation of oral and documentary evidence on record, awarded a total compensation of Rs.12,76,582/- with 6% interest per annum from the date of petition till the date of realization. Aggrieved by the same, the claimants are before this Court seeking enhancement of compensation. - 4 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 5. Learned counsel Smt.Sunanda P Patil, appearing for the appellants-claimants submits that the Tribunal has committed an error in not adding 25% of the assessed income towards future prospects of the deceased. It is submitted that the Tribunal has committed an error in awarding lesser compensation on the conventional heads. Thus, she seeks to allow the appeal by enhancing the compensation. 6. Per contra, Sri.M.K. Soudagar, learned counsel for respondent/Corporation submits that the Tribunal has incorrectly assessed income of the deceased at Rs.10,679/- per month, since the appellants have not produced any acceptable evidence to substantiate the claim of the income of the deceased. He further submits that as per notional income chart prepared by KSLSA, in the absence of documentary evidence, the notional income should be Rs.8,000/- per month for the accident of the year 2015. He further submits that the award of compensation by the Tribunal on the other heads is in consonance with the law and decisions of the Hon’ble Apex Court and this Court, - 5 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 which need not be interfered with by this Court in this appeal. Hence, he seeks to dismiss the appeal. 7. We have heard the learned counsel for the appellants as well as learned counsel for the respondent/Corporation and perused the appeal papers along with original records. 8. Having heard the learned counsel for the parties and on perusal of the material available on record, the only point that would fall for consideration in the present appeal is, whether the award of compensation by the Tribunal is just and proper? 9. Answer to the above point would be in the negative for the following reasons: (a) The parties to the proceedings do not dispute the accident in question and the liability of the Insurance Company. It is also not in dispute that the appellants are the legal heirs of the deceased Basappa Koli, who was aged about 49 years at the time of the accident. - 6 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 (b) The Tribunal considering the nature of avocation and also material available on record, assessed notional income of the deceased at Rs.10,679/- per month, which in our view is just and proper. (c) The Tribunal has committed an error in not awarding any compensation towards future prospects of the deceased. Keeping in mind the ratio laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others2, since the deceased was aged 49 years, 25% of the assessed income has to be added towards future prospects of the deceased. (d) The Tribunal applied multiplier of 13 and deducted 1/3rd towards personal expenses of the deceased, which is correct. Thus, the appellants/claimants are entitled for compensation under the head loss of dependency as under: Rs.10,679 + 25% x 12 X 13 x 2/3 = Rs.13,88,270/- 2 2017 (16) SCC 680 - 7 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 (e) In light of law laid down by the Hon’ble Apex Court in Pranay Sethi’s case supra, the claimants would be entitled to a sum of Rs.15,000/- each towards loss of estate and funeral expenses. (f) The Tribunal awarded a meager compensation of Rs.50,000/- towards loss of consortium. Keeping in mind the law laid down by the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others3, the claimants would be entitled for a sum of Rs.40,000/- each towards loss of consortium. (g) The appellants are entitled for the following modified compensation with interest at the rate of 6%: 1 Loss of dependency Rs.13,88,270/- 2 Loss of consortium (Rs.40,000/- each to appellants No.1 to 3) Rs.1,20,000/- 3 Transportation of dead body and Funeral expenses Rs.15,000/- 4 Loss of estate Rs.15,000/- Total Rs.15,38,270/- 3 2018 ACJ 2782 - 8 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 10. Thus, the claimants would be entitled to total compensation of Rs.15,38,270/- as against Rs.12,76,582/- awarded by the Tribunal. 11. Hence, we proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The impugned judgment & award passed by Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.15,38,270/- as against Rs.12,76,582/- awarded by the Tribunal. iii. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till date of payment. iv. Respondent/Corporation 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. v. The apportionment, deposit and disbursement shall be made as per award of the Tribunal. - 9 - HC-KAR NC: 2025:KHC-D:9287-DB MFA No.101811 of 2016 vi. Registry to transmit the records to the Tribunal forthwith. vii. Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 36