- 1 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO.102565 OF 2020 (MV-D) BETWEEN: 1. SMT. VEENA W/O. RANGANATH KORADDI, AGE: 33 YEARS, OCC: HOUSEHOLD, 2. KUMARI VARSHA RANGANATH KORADDI, AGE: 14 YEARS, OCC: STUDENT, 3. KUMAR JAGANATH S/O. RANGANATH KORADDI, AGE: 12 YEARS, OCC: STUDENT, SINCE APPELLANT NO.2 AND 3 ARE MINORS, REP. BY M/G APPELLANT NO.1. 4. SMT. TARABAI VEERAPPA KORADDI, AGE: 69 YEARS, OCC: STUDENT, ALL ARE R/AT: DWARAKANTH GALLI, TQ: JAMKHANDI AND DIST: BAGALKOTE-587301. …APPELLANTS (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 AND: 1. RAMANAGOUDA S/O. ANANDAGOUDA PATIL, AGE: 64 YEARS, OCC: SERVICE, R/AT: SAI MOTORS, NO.10, ROOP LAND, KHB ROAD, BAGALKOTE-587101. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, MELLIGERI COMPLEX, KALADAGI ROAD, OPP. COURT, BAGALKOTE-587101. …RESPONDENTS (BY SRI. S. S. JOSHI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION AS CLAIMED BY THE APPELLANTS BY MODIFYING AWARD DATED 24.09.2019, IN MVC NO.461/2011 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMAKHANDI AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI, JAMAKHANDI, AT: JAMAKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, 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 - 3 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This is a claimants’ appeal challenging the judgment and award dated 24.09.2019 passed in MVC.No.461/2011 by the I Addl. District & Sessions Judge, Bagalkot sitting at Jamakhandi and MACT-XI, Jamkhandi1. 2. The brief facts leading to filing of this appeal are that the claim petition was filed seeking compensation for the death of Ranganath in a road accident dated 29.12.2009. It is averred that the deceased Ranganath was an agriculturist and also doing fertilizer business, he was aged about 36 years at the time of the accident and was earning Rs.50,000/- per month. Due to his untimely death, the family members of the deceased lost financial as well as emotional dependency and hence, filed claim petition seeking compensation before the Tribunal. 3. The respondents opposed the claim petition and denied the age, income and avocation of the deceased. 4. The Tribunal recorded the evidence. Claimant No.1 examined as PW.1 and got marked Exs.P.1 to P.131. 1 for short, ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 Respondents did not adduce oral evidence, with consent, got marked Ex.R.1. The Tribunal awarded total compensation of Rs.16,70,000/- along with interest at the rate of 9% per annum from the date of order till the deposit of the amount. Being aggrieved, present appeal is filed seeking higher compensation. 5. Sri.Siddappa S.Sajjan, learned counsel appearing for the appellants submits that the Tribunal has erred in assessing the income of the deceased at Rs.12,000/- per month. The deceased was an agriculturist and also a businessman and in support of the same, the appellants have produced Exs.P.8 to Ex.P.50. Hence, he seeks to reassess the income of the deceased. It is also submitted that the deceased was aged about 36 years at the time of the accident, hence, the claimants are entitled to an addition of 40% under the head of loss of future prospects of the deceased. The appropriate deduction is 1/4th towards the personal and living expenses of the deceased. Thus, he seeks to allow the appeal. 6. Sri.S.S.Joshi, learned counsel appearing for respondent No.2/Insurance Company supports the impugned judgment and award of the Tribunal and submits that the award of compensation determined by the Tribunal on all heads is just - 5 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 and proper and does not call for any interference. Thus, he prays for dismissal of the appeal. 7. We have heard the arguments of the learned counsel for the parties and perused the appeal papers along with the material available on record. 8. We have given our anxious consideration to the submissions advanced on both sides. The only point that arises for consideration in this appeal is, whether the impugned judgment and award of the Tribunal calls for any interference in this appeal? 9. The undisputed facts are that, on 29.12.2009 one Ranganath was travelling in TATA Indica car bearing Reg.No.KA- 29/MA-9990 from Belgaum to Bagalkot. The driver of the said car drove the same in a rash and negligent manner with the high speed and dashed to the truck bearing Reg.No.MH-04/AL-6732 which resulted in an accident and due to the impact of the said accident, said Ranganath sustained grievous injuries and succumbed to those injuries. It is also undisputed fact that, at the time of the accident, the deceased Ranganath was an agriculturist and also having a business of fertilizer. On perusal of material available on record, there is no any evidence placed - 6 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 before the Tribunal to prove the exact income of the deceased. Hence, in our consideration, the monthly income of Rs.12,000/- assessed by the Tribunal is just and proper. 10. The Tribunal has awarded total compensation of Rs.16,70,000/- along with interest at the rate of 9% per annum. On perusal of the judgment and award of the Tribunal, we are of the view that the Tribunal has erred in not awarding any compensation under the head of loss of future prospects of the deceased. It is not in dispute that, at the time of the accident, the deceased was aged about 36 years and hence the claimants are entitled to compensation under the head of loss of future prospects of the deceased. Keeping in mind the law laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others2 we are of the considered view that the claimants are entitled to an addition of 40% to the assessed income of the deceased under the head of loss of future prospects. 11. Taking note of the fact that the claimants are four in number i.e. wife, children and mother of the deceased, the appropriate deduction towards the personal and living expenses 2 2017(16) SCC 680 - 7 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 of the deceased would be 1/4th. The deceased was aged 36 years at the time of the accident, hence, the appropriate multiplier would be 15. Thus, the claimants would be entitled for modified compensation on the head of loss of dependency as under: Rs.12,000 + 40% x 12 x 15 – ¼ = Rs.22,68,000/- 12. The claimants are also entitled to Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses and along with said heads, the claimants are entitled to Rs.40,000/- each under the head of loss of consortium. 13. Thus, the claimants would be entitled to modified compensation on the following heads: 14. Thus, the claimants would be entitled to total compensation of Rs.24,58,000/- as against Rs.16,70,000/- awarded by the Tribunal. Particulars Amount (in Rs.) Loss of dependency 22,68,000/- Loss of estate 15,000/- Funeral expenses 15,000/- Loss of consortium (Rs.40,000 X 4) 1,60,000/- Total 24,58,000/- - 8 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 15. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.24,58,000/- as against Rs.16,70,000/-awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of claim petition till realization. d) The Insurance Company 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. e) The apportionment, deposit and disbursement of enhanced compensation shall be made as per award of the Tribunal. - 9 - HC-KAR NC: 2025:KHC-D:11326-DB MFA No. 102565 of 2020 f) Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 52