- 1 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101751 OF 2021 BETWEEN: 1. SMT. PARVEENBANU W/O. FIROJKHAN PATHAN, AGE. 42 YEARS, OCC. HOUSEHOLD, R/O. RAIBAG, NOW AT GURUVAR PETH, GOKAK, TQ. GOKAK, DIST. BELAGAVI-593107. 2. IKRAMKHAN S/O. FIROJKHAN PATHAN, AGE. 19 YEARS, OCC. STUDENT, R/O. RAIBAG, NOW AT GURUVAR PETH, GOKAK, TQ. GOKAK, DIST. BELAGAVI-593107. …APPELLANTS (BY SRI S.S.HATTIKATAGI, ADVOCATE.) AND: 1. SHRI SADASHIV S/O. KALLAPPA JAMAKHANDI, AGE. MAJOR, OCC. GOVT. SERVICE, R/O. CHIEF ENGINEER ELECTRICITY, GESCOM, STATION ROAD, KALABURGI, TQ. AND DIST. KALABURGI-585101. 2. THE SENIOR DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI-593107. 3. SMT. AMINABHI W/O. HARUNRASHID PATHAN, AGE. 66 YEARS, OCC. NIL, R/O. PATHAN GALLI, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI-593107. …RESPONDENTS (BY SRI M.Y.KATAGI, ADVOCATE FOR R2; R1 AND R3-SERVICE OF NOTICE DISPENSED WITH.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 20.07.2020 PASSED IN MVC NO.705/2018 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK, ENHANCING THE COMPENSATION AS PRAYED FOR IN THE VALUATION PARA 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: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimants/dependants of the deceased Ejajakhan, challenging the judgment and award dated 20.07.2020, passed by the XII Addl. District and Sessions Judge, Belagavi, sitting at Gokak, in MVC No.705/2018, 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 Ejajakhan 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: - 3 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 Sl. No. Heads. Amount in (Rs.) 1. Loss of dependency. 18,14,400 2. Loss of consortium. 40,000 3. Loss of estate and funeral expenses. 30,000 4. Conveyance charges. 10,000 5. Cost of litigation 5,000 Total: 18,99,400 Rounded of to: 19,00,000 5. The tribunal awarded marginally 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 22 years as on the date of accident and was an engineer graduate. The accident is caused on 29.06.2017. Hence, on the basis of the documentary proof at Ex.P.10 (job offer letter), the income of Rs.12,000/- per month considered by the tribunal is correct. 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 - 4 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 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 is 18. Therefore loss of dependency assessed by the tribunal at Rs.18,14,400/- (Rs.12,000 + 40% minus 50% x 12 x 18) is found to be correct. 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 three claimants who are father, mother and grandmother. Accordingly, Rs.1,32,000/- (Rs.40,000 x 3 + 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. - 5 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 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: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 18,14,400 2. Towards loss of consortium (40,000 x 3 +10%) 1,32,000 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000 Total: 19,79,400 10. Therefore, the claimants are entitled for total compensation of Rs.19,79,400/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.19,00,000/- 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: - 6 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 20.07.2020, passed by the XII Addl. District and Sessions Judge, Belagavi, sitting at Gokak, in MVC No.705/2018, stands modified. iii) The claimants are entitled for total compensation of Rs.19,79,400/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.19,00,000/- 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. - 7 - NC: 2025:KHC-D:1475 MFA No. 101751 of 2021 vi) Send a copy of this judgment and award to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 30