- 1 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104622 OF 2022 (MV-D) BETWEEN: 1. SMT. JAYASHRI W/O. LAYAPPA PUJARI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, 2. SRI. MALLIKARJUN S/O. LAYAPPA PUJARI, AGE: 27 YEARS, OCC: AGRICULTURE, 3. SRI. RAVINDRA S/O. LAYAPPA PUJARI, AGE: 25 YEARS, OCC: STUDENT, 4. RAHUL S/O. LAYAPPA PUJARI, AGE: 24 YEARS, OCC: STUDENT, 5. SANTOSH S/O. LAYAPPA PUJARI, AGE: 21 YEARS, OCC: STUDENT, 6. SAYAVVA W/O. SIDARAY @ SIDARAYA PUJARI, AGE: 73 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O. SIDDANATH, TAL: JATH, DIST: SANGALI, NOW RESIDING AT BELAGAVI-590001. …APPELLANTS (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND: 1. MR. PRIYANKA BALAJI GANGANMALE, AGE: 48 YEARS, OCC: BUSINESS, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 R/O. PLOT NO.A/403, SINHAGAD CHS PLOT NO.35, SECTOR NO.07, KAMOTHE, TQ: PENVEL, RAJGARTH, (MAHARASHTRA) - 410206. 2. THE AUTHORISED SIGNATORY, RELIANCE GEN. INSURANCE CO. LTD., REGD. OFFICE RELIANCE CENTRE, SOUTH WING, 4TH FLOOR OFF. WESTERN EXPRESS HIGHWAY, SANTACRUZ (EAST MUMBAI-400055) BELAGAVI OFFICE-MAHADEV PLAZA, DEVARAJ URAS COLONY, NEHRU NAGAR, BELAGAVI-590010. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 22.02.2022 PASSED IN M.V.C. NO.424/2021 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI BY ENHANCING THE JUST COMPENSATION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Vijaykumar Kotin, learned counsel for appellants as well as Sri.Nagaraj C.Kolloori, learned counsel for respondent No.2. 2. Being dissatisfied by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Belagavi (hereinafter referred to as ‘the Tribunal’ for brevity), through orders in M.V.C. No.424/2021 dated 22.02.2022, the claimants therein preferred the present appeal. 3. The first appellant being the wife, appellants No.2 to 5 being the children and appellant No.6 being the mother of the deceased Layappa (hereinafter referred to as ‘the deceased’ for brevity) who died in a road traffic accident that occurred in the year 2021, filed a petition - 4 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 seeking compensation. The Tribunal through the impugned award granted a sum of Rs.15,12,925/- as compensation. The contention of the appellants is that they are entitled to a higher sum. 4. Making his submission on the merits of the matter, learned counsel for appellants submits that the deceased as an agriculturist was earning Rs.25,000/- per month as on the date of accident. However, the Tribunal took the notional income of the deceased as Rs.13,250/- per month. Learned counsel states that the accident occurred in the year 2021 and for the relevant period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.14,250/- per month for settlement of claims and at least said figure should have been adopted by the Tribunal. Learned counsel further submits that the amount awarded towards funeral expenses, loss of estate and loss of consortium is also on lower side. Learned counsel states that as per the decision of the Hon'ble Apex Court in National Insurance Co. Ltd. vs. - 5 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 Pranay Sethi1, the amount that was fixed under conventional heads is required to be enhanced by 10% for every 3 years. But the same is not done by the Tribunal. 5. The submission that is made by learned counsel for respondent No.2 is that the Tribunal has followed due procedure while awarding compensation. However, in the light of the submission that is made by learned counsel for appellants, the notional income as sought by him may be considered. 6. The appellants failed to produce any substantive proof with regard to the occupation and earnings of the deceased as on the date of accident. However, considering the submission that is made by learned counsel for the appellants, the notional income of the deceased is taken as Rs.14,250/- per month. Having taken the notional income as Rs.14,250/- per month and without disturbing other parameters that is addition of 10% towards future 1 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 prospects, deduction of 1/4th towards the personal and living expenses which the deceased would have incurred for himself had he been alive and applying the appropriate multiplier ‘11’, the compensation which the appellants are entitled to under the head ‘loss of dependency’ is as under: Heads Amount in Rs. Notional monthly income 14,250.00 Annual income 1,71,000.00 On adding 10% towards future prospects 1,88,100.00 On deducting 1/4th towards personal and living expenses 1,41,075.00 Loss of dependency, on applying appropriate multiplier ‘11’ 15,51,825.00 7. Thus, it is clear that the appellants are entitled to a sum of Rs.15,51,825/- towards loss of dependency. Also, the appellants are entitled to Rs.16,500/- towards funeral expenses and Rs.16,500/- towards loss of estate. The first appellant being the wife of the deceased is entitled to Rs.44,000/- towards loss of spousal consortium. Appellants No.2 to 5 being the children of the deceased are entitled to Rs.44,000/- towards loss of parental consortium. The sixth - 7 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 appellant being the mother of the deceased is entitled to Rs.44,000/- towards loss of filial consortium. 8. Thus, the total sum which the appellants are entitled to as compensation is as under: Heads Amount in Rs. Loss of dependency 15,51,825.00 Funeral expenses 16,500.00 loss of estate 16,500.00 loss of spousal consortium 44,000.00 loss of parental consortium 44,000.00 Loss of filial consortium 44,000.00 TOTAL 17,16,825.00 9. The aforementioned discussion thus makes it clear that the appellants are entitled to a sum of Rs.17,16,825/- as compensation. Thus, 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, Belagavi through orders in - 8 - HC-KAR NC: 2025:KHC-D:15869 MFA No. 104622 of 2022 M.V.C. No.424/2021 dated 22.02.2022 is enhanced from Rs.15,12,925/- to Rs.17,16,825/-. (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 180 days as per orders in I.A. No.1/2022. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight 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, the appellants are permitted to withdraw their respective shares. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 12