- 1 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.104790 OF 2019 (MV-D) BETWEEN: 1. SMT. K. SUHASINI W/O. LATE K. RAGHAVENDRA, AGED ABOUT 25 YEARS, OCC: HOUSE WIFE, 2. MINOR K. DHANUSH S/O. LATE K. RAGHAVENDRA, AGED ABOUT 05 YEARS, OCC: STUDENT, 3. MINOR NAVEEN S/O. LATE K. RAGHAVENDRA, AGED ABOUT 03 YEARS, 4. K. KENCHAPPA S/O. LATE K. VASIGERAPPA, AGED ABOUT 60 YEARS, 5. SMT. K. PARVATHI @ K. PARVATHAMMA, W/O. K. KENCHAPPA, AGED ABOUT 55 YEARS, ALL ARE RESIDENTS OF HALAKUNDI VILLAGE, BALLARI TALUK AND DISTRICT. (THE PETITIONER NO.2 AND 3 ARE THE MINORS, SINCE MINOR REPRESENTED BY GUARDIAN AND NATURAL MOTHER SMT. K. SUHASINI W/O. LATE K. RAGHAVENDRA, AGED ABOUT 25 YEARS, HOUSEWIFE AND PETITIONER NO.4 AND 5 ARE THE PARENTS OF THE DECEASED K. RAGHAVENDRA) …APPELLANTS (BY SRI. AKASH AMARASHETTI, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 AND: 1. SRI. NADEEMULLAH @ WAHID LAHORI, S/O. ABDUL RAUF, AGED ABOUT 41 YEARS, DRIVER OF THE BUS NO.KA-51-D-7169, R/O: AJP MAHAJ GALLI, TALIKOTI, MUDDEBIHAL, BIJAPURA DISTRICT. 2. SRI. KUMARASWAMY T.N. S/O. THIRUMALA GOUDA, AGED ABOUT 41 YEARS, OWNER OF THE BUS NO.KA-51-D-7169, M/S POOJA TRAVELS, NAGARAJ COMPLEX, ANEKAL TOWN AND TALUK, BENGALURU-562106. 3. THE BRANCH MANAGER, M/S. RELIANCE GENERAL INSURANCE COMPANY LIMITED, SLV TOWERS, PARVATHI NAGAR, BALLARI, BEARING POLICY NO.14052172400005533 VALID FROM 15-10-17 TO 14-10-18 (POLICY ISSUED AT 2ND FLOOR, SM TOWERS, 11TH MAIN, 3RD BLOCK, JAYA NAGAR, BENGALURU-560011) …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R3; NOTICE TO R1 & R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 02.11.2019 BY HOLDING THAT RESPONDENT NO.1 TO 3 ARE LIABLE TO PAY THE COMPENSATION AMOUNT BY HOLDING THEM NEGLIGENT TO THE EXTENT OF 100% AND PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL-II AT BALLARI IN M.V.C. NO.714/2018 ENHANCING THE COMPENSATION FROM RS.14,99,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Akash, who appears before this Court physically and represents Sri Y. Lakshmikant Reddy, learned counsel on record for the appellants. Also heard Sri S.V.Yaji, learned counsel for respondent No.3 who appears through Video Conference. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal-II, Ballari, through orders in MVC 714/2018 dated 02.11.2019, the claimants therein preferred the present appeal. The wife, the minor children, the father and the mother of the deceased Sri K. Raghavendra (hereinafter be referred to as ‘the deceased’ for brevity), who died in a road traffic accident that occurred in the year 2018, filed a petition claiming compensation of Rs.40,00,000/- in total. The tribunal through the impugned award granted a sum of Rs.18,84,400/- as - 4 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 compensation. The version of the appellants is that they are entitled for a higher sum. 3. Arguing the matter, learned counsel who represents the appellants submits that the deceased as a driver, was earning Rs.15,000/- per month by the date of accident. However, the tribunal took the notional income of the deceased as Rs.8,000/- per month only. The learned counsel states that the accident occurred in the year 2018 and for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.11,750/- per month for settlement of claims and at least said figure should have been considered by the tribunal. Learned counsel also states that loss of consortium was not awarded to appellants 2 to 5 and they are entitled to loss of consortium. 4. Though learned counsel for respondent No.3 states that the total sum that is awarded as compensation by the tribunal is justifiable, learned counsel however sought the Court to dispose of the matter on merits basing on the - 5 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 submission that is made by the learned counsel for the appellants. 5. Admittedly no substantive proof is produced with regard to the actual occupation and earnings of the deceased as on the date of accident. However considering the submission that is made by the learned counsel for the appellants, this Court is of the view that the notional income of the deceased is required to be taken as Rs.11,750/- per month. Having taken the notional income as Rs.11,750/- per month and without disturbing the other parameters i.e., adding of 40% towards future prospects, deducting 1/4th of the earnings towards personal and living expenses which the deceased would have incurred himself had he been alive and the multiplier as ‘18’, the compensation which the appellants are entitled to receive under the head ‘loss of dependency’ is as under: Monthly notional income Rs.11,750/- Annual income Rs.1,41,000/- On adding 40% towards future prospects Rs.1,97,400/- On deducting 1/4th towards personal and living expenses 1,48,050/- - 6 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 Loss of dependency, on applying appropriate multiplier ‘18’ 26,64,900/- 6. Thus the appellants are entitled to a sum of Rs.26,64,900/- towards loss of dependency. The tribunal however granted a sum of Rs.18,14,400/- only under the head ‘loss of dependency’. Also as rightly contented by learned counsel for the appellants, appellants 2 and 3 being the children of the deceased are entitled to Rs.40,000/- towards loss of ‘parental consortium’ and appellants 4 and 5 being the parents of the deceased are entitled to Rs.40,000/- towards loss of ‘filial consortium’. Therefore the total sum which the appellants are entitled to receive as compensation is as under: Heads Amount in Rs. Loss of dependency 26,64,900.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 Loss of spousal consortium 40,000.00 Loss of parental consortium 40,000.00 Loss of filial consortium 40,000.00 Total 28,14,900.00 - 7 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 7. Thus it is clear that the appellants are entitled to a sum of Rs.28,14,900/- as compensation. 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 Motor Accident Claims Tribunal-II, Ballari, through orders in MVC 714 of 2018 dated 02.11.2019 is enhanced from Rs.18,84,400/- to Rs.28,14,900/-. iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv) Respondent No.3 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) The apportionment made by the tribunal applies to enhanced sum as well. vi) On deposit, appellants 1, 4 and 5 are permitted to withdraw their respective shares. - 8 - HC-KAR NC: 2025:KHC-D:14053 MFA No. 104790 of 2019 vii) The amount that falls to the share of appellants 2 and 3 shall be kept in any interest yielding fixed deposit scheme of any nationalized bank till they attain the age of majority. viii) On their attaining the age of majority, they are entitled to withdraw their respective shares along with accrued interest. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 60