- 1 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103689 OF 2016 (MV-D) BETWEEN: LALITAWWA W/O RAGHUPATI @ ISHAPPA @ VEERAPPA SARATHI @ HAVERI, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O: KURUBAGONDA, TQ & DIST: HAVERI-581110. …APPELLANT (BY SRI. VISHWANATH FOR SRI. M.H. PATIL, ADVOCATES) AND: 1. GURURAJ S/O. SRINIVAS BELUR, AGE: MAJOR, OCC: BUSINESS, R/O: HAUNSABHAVI, TQ: HIREKERUR, DIST: HAVERI-581109. 2. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., I FLOOR, KRISHNA AGENCY BUILDING, P.B. ROAD, HAVERI-581106. …RESPONDENTS (BY SRI. AMIT, ADVOCATE FOR SRI. S.G. KADADAKATTI, ADVOCATE FOR R1; MISS. ANUSHA, ADVOCATE FOR SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE ADDITIONAL CIVIL JUDGE AND AMACT, HAVERI IN M.V.C.NO.295/2013 DATED 20/04/2015 AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE AND ENHANCE THE COMPENSATION AS PRAYED FOR BY ALLOWING THIS APPEAL AND ETC. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Vishwanath, who represents Sri Patil M.H. learned counsel on record for the appellant, Sri Amit, who represents Sri S.G.Kadadakatti, learned counsel for respondent No.1 and Ms. Anusha, who appears through Video Conference and represents Sri S.K.Kayakamath, learned counsel for respondent No.2. At request of all the learned counsel, the matter is taken up for final hearing and disposal. 2. The mother of the deceased Vinodkumar (herein after be referred to as “the deceased” for brevity), who died in a road traffic accident that occurred in the year 2012, filed a petition claiming compensation of Rs.12,50,000/- in total. The Additional Motor Accident Claims Tribunal, Haveri, which dealt with the case as MVC 295 of 2013, rendered orders on 20.04.2015, holding that the claimant is entitled to a sum of Rs.3,00,000/- as compensation. Projecting that she is entitled - 3 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 to a higher sum, the claimant therein preferred the present appeal. 3. Arguing the matter, learned counsel for the appellant submits that the deceased by doing agriculture and by attending coolie work was earning Rs.9,000/- per month by the date of accident. However the tribunal took the notional income of the deceased as Rs.6,000/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2012 and for the relevant period the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.6,500/- per month and the tribunal ought to have adopted the said figure. The learned counsel further states that the deceased died at the age of 28 years. Hence as per the decision of the Hon'ble Apex Court in Smt.Sarla Verma and others Vs. Delhi Transport Corporation & Another1 case, the appropriate multiplier to be applied is ‘17’. However the tribunal applied the multiplier ‘5’ erroneously. The learned counsel states that the Tribunal, exhibiting its opinion that the 1 (2009) 6 SCC 121 - 4 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 claimant i.e. the appellant herein is aged around 75 years applied the said multiplier ‘5’ and indeed the appellant was not aged 75 years as on the date of accident and further the age of the deceased is required to be considered. Learned counsel further submits that the amount granted as compensation under the conventional heads is also on lower side. The learned counsel thereby seeks to enhance the compensation. 4. Learned counsel who represents respondent No.1 and learned counsel who represents respondent No.2 seek the Court to dispose of the matter on merits. 5. Having considered the submission that is made by learned counsel for the appellant, this Court considers desirable to take the notional income of the deceased as Rs.6,500/- per month. As rightly submitted, the age of the deceased is required to be taken into consideration for applying appropriate multiplier. It is not in dispute that the deceased was aged around 28 years by the date of accident. Therefore as per the decision of the Hon'ble Apex Court in Sarla Verma's case the appropriate multiplier to be applied is - 5 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 ‘17’. Further as the deceased died as bachelor, in the light of the aforementioned decision, 50% of earnings of the deceased are required to be deducted towards personal and living expenses, which the deceased would have incurred for himself, had he been alive. Also as per the decision of the Hon'ble Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethi2 case, 40% of the earnings are required to be added towards future prospects. Thus the compensation which the appellant is entitled to receive under the head loss of dependency is as under: Notional monthly income Rs.6,500/- Annual Income Rs.78,000/- On adding 40% towards future prospects. Rs.1,09,200/- On deducting 50% towards personal and living expenses. Rs.54,600/- Loss of dependency, on applying appropriate multiplier ‘17’. Rs.9,28,200/- 6. Thus the appellant is entitled to a sum of Rs.9,28,200/- towards loss of dependency. 2 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 7. Also the appellant is entitled to a sum of Rs.15,000/- towards funeral expenses, Rs.15,000/- towards loss of estate and Rs.40,000/- towards loss of filial consortium. Thus the total compensation which the appellant is entitled to receive is as under: Heads Amount in Rs. Towards loss of dependency Rs.9,28,200/- Towards funeral expenses Rs.15,000/- Towards loss of estate Rs.15,000/- Towards loss of filial consortium Rs.40,000/- Total Rs.9,98,200/- 8. Thus the appellant is entitled to receive a total sum of Rs.9,98,200/- as compensation. However the tribunal granted a sum of Rs.3,00,000/- only. Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Haveri through orders in MVC 295 of 2013 dated 20.04.2015 is enhanced from Rs.3,00,000/- to Rs.9,98,200/-. - 7 - HC-KAR NC: 2025:KHC-D:13703 MFA No. 103689 of 2016 (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 486 days as per order in I.A.No.1/2016. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 14