- 1 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103052 OF 2018 (MV-D) BETWEEN: 1. SHANTAVVA W/O. SHANKAR VADDAR, AGED 45 YEARS, OCC. HOUSE WIFE, 2. SHANKAR S/O. CHADAPPA VADDAR, AGED 51 YEARS, OCC. COOLIE, BOTH ARE R/O. ARAVATAGI, KUMBAR KOPPA, TQ. DIST. DHARWAD- 580007. …APPELLANT (BY SRI HARISH S. MAIGUR, ADVOCATE) AND: THE MANAGING DIRECTOR, N.W.K.R.T.C., AND SELF INSURANCE FUND, HUBBALLI, GOKUL ROAD, HUBBALLI-580024. …RESPONDENT (BY SRI M.M.KHANNUR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 02.12.2017, PASSED IN MVC NO.378/2015 ON THE FILE OF THE III-ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimants/dependants of the deceased Parashuram/rider of the motorcycle challenging the judgment and award dated 02.12.2017, passed by the III Addl. Senior Civil Judge and Addl. MACT, Dharwad, in MVC No.378/2015, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, death of the deceased Parashuram in a road traffic accident, coverage of insurance are not in dispute in this case. 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. 6,48,000 2. Towards loss of love and affection. 80,000 3. Towards loss of estate. 50,000 4. Towards transportation of dead body, funeral and obsequies. 30,000 Less: Interim relief already paid by the KSRTC department. 15,000 Total: 7,93,000 - 3 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 5. The tribunal awarded lesser amount of compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be enhanced by modifying the judgment and award of the tribunal. 6. The deceased was aged 20 years as on the date of accident and was a mason by profession. The accident is caused on 24.03.2015. Hence, in the absence of proof of income, notional income is to be taken at Rs.8,000/- for the year 2015, 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 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 - 4 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 is 18. Therefore loss of dependency is re-assessed and quantified at Rs.12,09,600/- (Rs.8,000 + 40% minus 50% x 12 x 18). 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 to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are two dependents who are 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’. 8. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 9. Thus, the claimants would be entitled for total compensation under various heads as under: - 5 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 12,09,600 2. Towards loss of consortium (40,000 x 2 +10%) 88,000 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000 Total: 13,30,600 10. Therefore, the claimants are entitled for total compensation of Rs.13,30,600/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,93,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 02.12.2017, passed by the III Addl. Senior Civil - 6 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 Judge and Addl. MACT, Dharwad, in MVC No.378/2015, stands modified. iii) The claimants are entitled for total compensation of Rs.13,30,600/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.7,93,000/- awarded by the tribunal. 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 of compensation, deposit and release of amount would be as per order of tribunal. vi) Send a copy of this judgment and award to the tribunal. vii) No order as to costs. - 7 - NC: 2025:KHC-D:638 MFA No. 103052 of 2018 viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 18