- 1 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 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. 100257 OF 2023 (MV-D) BETWEEN: 1. SMT. SANGITA W/O. VIJAY @ VIJAYKUMAR BIRAJDAR, AGE: 41 YEARS, OCC: HOUSEHOLD, 2. SRI. ANURADHA D/O. VIJAY @ VIJAYKUMAR BIRAJDAR, AGE: 21 YEARS, OCC: STUDENT, 3. SACHIN S/O. VIJAY @ VIJAYKUMAR BIRAJDAR, AGE: 18 YEARS, OCC: STUDENT, 4. NITIN S/O. VIJAY @ VIJAYKUMAR BIRAJDAR, AGE: 18 YEARS, ALL ARE NOW RESIDING AT: ANAGOL, TQ: AND DIST: BELAGAVI-590 001. … APPELLANTS (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, MSRTC, SHANKAR SHETH ROAD, SWARGET, PUNE, MAHARASHTRA-411 042. … RESPONDENT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 24.12.2021 PASSED IN M.V.C. NO.1080/2021 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND MEMBER OF ADDITIONAL MOTOR Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED 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 24.12.2021, passed in M.V.C.No.1080/2021, on the file of the VIII Additional District 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 20.03.2021, the deceased Vijay @ Vijaykumar S/o Bhimaray Birajdar was proceeding by walk towards his house on left side of the road and when he came near Vishal Trailers Showroom on Pune-Nasik road, at 07.45 hours, at that time, a MSRTC ST Bus bearing Reg.No.MH-14/BT-4607 came from hind side being driven by its driver in high speed and in a rash and negligent manner and dashed to the deceased - 3 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 pedestrian, due to which, the accident caused. By this impact, the deceased sustained severe head injuries and other injuries and died at the spot. Therefore, the claimants being wife & children 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.19,71,250/- along with interest at the rate of 6% per annum from the date of petition till its realization. 3. Heard the arguments and perused the material placed before the Court. 4. The compensation awarded by Tribunal is as follows: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 19,01,250 2. Loss of consortium 40,000 3. Loss of estate 15,000 4. Towards funeral expenses 15,000 Total: 19,71,250 5. In the present case, the deceased was aged 50 years old as on the date of the accident. The accident - 4 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 occurred on 20.03.2021. The deceased was doing private service at Ramtilak Flour Mill. The Tribunal has taken monthly income of the deceased at Rs.13,000/- per month which is incorrect. Hence, notional income of Rs.14,250/- per month is to be taken as per the chart prepared by the Karnataka State Legal Services Authority, for the year 2021. The Tribunal has deducted 1/4th of the income towards ‘personal expenses’ which is just and proper. Further, the Tribunal has rightly added 25% of the income towards future prospects. Considering the age of the deceased, the Tribunal has rightly taken multiplier as ‘13’. Therefore, loss of dependency is re-assessed and quantified as under: Rs.14,250 + 25% minus 1/4th x 13 x 12 = Rs.20,84,004/- 6. The Tribunal has rightly awarded compensation under the head ‘loss of consortium’ at Rs.40,000/- each. However, in terms of National Insurance Company - 5 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 Limited Vs. Pranay Sethi and others1, the claimants are entitled to 10% escalation on the compensation awarded under the conventional heads. 7. Further, a compensation of Rs.16,500/- each is awarded under the head ‘loss of estate’ and ‘funeral expenses’ respectively, including 10% escalation. 8. Thus, in all the appellants/claimants are entitled for enhanced compensation as follows: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 20,84,004/- 2. Towards loss of consortium (40,000+10% x4) 1,76,000/- 3. Towards loss of estate and transportation of dead body and funeral expenses. 33,000 Total: 22,93,004 9. Therefore, the appellants-claimants are entitled for total compensation of Rs.22,93,004/- along with interest at 6% per annum from the date of filing of the petition till realization, as against Rs.19,71,250/- awarded 1 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 by the Tribunal. The Insurance Company is directed to deposit the amount of total compensation within eight weeks from the date of receipt of the certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 24.12.2021, passed in M.V.C. No.1080/2021, on the file of the VIII Additional District and Member of Additional MACT, Belagavi, is modified to the aforesaid extent. iii. The claimants are entitled for total compensation of Rs.22,93,004/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.19,71,250/- awarded by the Tribunal. - 7 - HC-KAR NC: 2025:KHC-D:8633 MFA No. 100257 of 2023 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. v. The order with regard to apportionment, deposit and release of amount shall be in terms of the tribunal order. vi. Send a copy of this judgment to the trial Court. vii. No order as to costs. viii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK List No.: 1 Sl No.: 113