- 1 - HC-KAR NC: 2025:KHC-K:7804 MFA No. 200755 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO.200755 OF 2021 (MV-D) BETWEEN: 1. SUBHASH S/O KALLAPPA NAIKODI, AGE 52 YEAR, OCC AGRICULTURE, R/O: BEHIND S.P. BUNGLOW, VIDYA NAGAR, VIJAYAPURA-586104 2. SMT. KALLAWWA W/O SUBHASH NAIKODI, AGE 47 YEARS, OCC HOUSEHOLD WORK, R/O: BEHIND S.P. BUNGLOW, VIDYA NAGAR VIJAYAPURA-586104 …APPELLANTS (BY SRI PREETAM DEVLAONKAR AND SRI S.V. DESHPANDE, ADVOCATES) AND: THE MANAGING DIRECTOR, NEKRTC, YADGIR, DIST: YADGIR 585201 …RESPONDENT (SRI DEEPAK V. BARAD, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7804 MFA No. 200755 of 2021 THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGEMENT AND AWARD, CONSEQUENTLY ENHANCE THE COMPNESATION AWARDED IN THE JUDGEMENT AND AWARD DATED 20.04.2019 BY II ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VII, VIJAYAPURA, IN MVC NO.2156/2014. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT 1. This appeal is preferred by the claimants against the judgment and award dated 20.04.2019 passed by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal, Vijayapura [for short ‘Tribunal’], in MVC No.2156/2014, seeking enhancement of compensation. 2. One Ningaraj, aged 15 years, met with an accident on 11.09.2014 and died. His parents filed claim petition claiming compensation of Rs.8,75,000/- with interest. The Tribunal considered the entire material on record and awarded Rs.5,07,000/- with interest at the rate - 3 - HC-KAR NC: 2025:KHC-K:7804 MFA No. 200755 of 2021 of 9% per annum from the date of petition till realisation. Aggrieved by the said order, claimants filed this appeal. 3. Heard arguments of both the parties and perused the materials available on record. 4. The main contention of the claimants is that the income of the deceased was Rs.6,000/- per month as he was Milk Vendor but the Tribunal without any basis assessed the same at Rs.4,000/- per month. It is contended that the Tribunal awarded meagre compensation and thus, requested for enhancement of the compensation. 5. It is submitted by the learned counsel for respondent – KSRTC that the compensation awarded by the Tribunal is just and proper and it needs no interference. 6. Admittedly, deceased was minor aged 15 years. No document is produced to prove his income. In the absence of proof of income, as per the guidelines issued - 4 - HC-KAR NC: 2025:KHC-K:7804 MFA No. 200755 of 2021 by the Karnataka State Legal Services Authority, this Court finds it just and reasonable to take the notional income of the deceased at Rs.7,500/- per month for the accident of the year 2014 as against Rs.4,000/- considered by the Tribunal. As per law laid down by the Apex Court in the case of National Insurance CO. Ltd vs. Pranay Sethi and Others1 40% Rs.7,500/- i.e., 3,000/- is added towards future prospects. Thus, total income of the deceased comes to Rs.10,500/-. Out of it, 50% is deducted towards the personal expenses of the deceased. The appropriate multiplier applicable to his age group is ‘18’. Thus, the loss of dependency comes to: Rs.10,500/- x 12 x 18 x 50% = Rs.11,34,000/-. 7. Admittedly, appellants are parents of the deceased. Therefore, they are entitled for Rs.48,000/- each towards loss of filial consortium, in total Rs.96,000/-. 1 2017 ACJ 2700 SC - 5 - HC-KAR NC: 2025:KHC-K:7804 MFA No. 200755 of 2021 8. The appellants are also entitled for an amount of Rs.36,000/- under the conventional heads as per the citation in the case of National Insurance Company Limited Vs. Pranay Sethi. 9. Accordingly, the claimants are entitled for total compensation of Rs.12,66,000/- as against Rs.5,07,000/- awarded by the Tribunal. There is enhancement of Rs.7,59,000/- with interest at 6% per annum from the date of petition till realization. Respondent – KSRTC has already deposited the amount awarded by the Tribunal. 10. For the aforesaid reasons, the following: O R D E R (i) The appeal is allowed. (ii) The appellants are entitled for compensation of Rs.7,59,000/- with interest at 6% per annum from the date of petition till - 6 - HC-KAR NC: 2025:KHC-K:7804 MFA No. 200755 of 2021 realization in addition to what has been awarded by the Tribunal. (iii) Respondent – KSRTC is directed to deposit the enhanced compensation amount within one month from the date of this judgment. (iv) On such deposit, the claimants are permitted to withdraw the entire compensation with interest equally. SD/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 82 CT: RJ