- 1 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102543 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 102918 OF 2017 IN MFA NO. 102543 OF 2017 BETWEEN: 1. MANAGING DIRECTOR, N.W.K.R.T.C., GOKUL ROAD, HUBBALLI. 2. DIVISIONAL CONTROLLER, N.W.K.R.T.C., SIRSI, BOTH APPELLANTS ARE REPRESENTED BY CHIEF LAW OFFICER. …APPELLANTS (BY SRI. S C BHUTI, ADVOCATE) AND: 1. VENKATRAMAN GANAPA GOWDA, A/A: 49 YEARS, R/O: MALALI, PO: NEGGU, TQ: SIRSI-581 450. 2. SMT. SAVITRI W/O. VENKATRAMAN GOWDA, A/A: 46 YEARS, R/O: MALALI, PO: NEGGU, TQ: SIRSI-581 450. 3. SANGEETA VENKATRAMAN GOWDA, A/A: 20 YEARS, R/O: MALALI, PO: NEGGU, TQ: SIRSI-581 450. …RESPONDENTS (BY SRI. GIRISH S. HIREMATH, ADV FOR R3, NOTICE TO R1 & R2 ARE SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.04.2017 PASSED IN MVC NO.348/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 MEMBER, ADDL. MACT, SIRSI, AWARDING COMPENSATION OF Rs.10,47,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. THIS APPEAL, COMING ON FOR HEARING, IN MFA NO.102918/2017 BETWEEN: 1. VENKATRAMAN GANAPA GOWDA AGED: 49 YEARS, OCC: NIL, R/O: MALALI PO. NEGGU, TQ: SIRSI. 2. SMT. SAVITRI W/O VENKATRAMAN GOWDA, AGED: 46 YEARS, OCC: NIL, R/O: MALALI PO. NEGGU, TQ: SIRSI. 3. SANGEETA VENKATRAMAN GOWDA, AGED: 20 YEARS, OCC: NIL, R/O: MALALI PO. NEGGU, TQ: SIRSI. …APPELLANTS (BY SRI. GIRISH S HIREMATH, ADVOCATE) AND: 1. MANAGING DIRECTOR NWKRTC, GOKUL ROAD, HUBLI. 2. DIVISIONAL CONTROLLER, NWKRTC, SIRSI. …RESPONDENTS (BY SRI. S.C. BHUTI, ADV FOR R1 & R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.04.2017 PASSED IN MVC NO.348/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SIRSI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These Appeals arise out of the judgment and award dated 10.04.2017, passed by the learned Senior Civil Judge and Additional MACT, Sirsi, in MVC Nos. 348/2016. 2. Brief facts, leading rise to the filing of these appeals are as follows: On 23.05.2016, Sri. Manjunath, who is the son of the petitioners, NO. 1 and 2, was proceeding as a pillion rider along with the rider on a motorcycle bearing registration No.KA-30-R-0551 on Sirsi-Kumta road near Chellehole, at that time, the driver of the bus bearing registration No.KA-42/F- 990 came in a rash and negligent manner and dashed to the motorcycle on which the deceased petitioner. As a result, the rider and the pillion rider of the motor bike sustained grievous injuries, and the pillion rider died on the spot. The legal representatives of the deceased Manjunath filed a claim - 4 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 petition seeking compensation on account of the death of Manjunath. Accordingly, prays to allow the claim petition. 3. The Corporation (Division Controller NWKRTC) filed a statement of objections denying the averments made in the claim petition and contended that the accident occurred due to the negligence of the rider of the motorcycle and accordingly prays to dismiss the claim petition. 4. The Tribunal, based on the pleadings of the parties, framed relevant issues. 5. The petitioners, to substantiate their case, petitioner No.2 was examined as PW.1 and marked 5 documents as Exs.P-1 to P-5. In rebuttal, the driver of the bus was examined as RW-1, and marked 3 documents as Exs.R1 to R-3. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs vide judgment dated 10.04.2017 and awarded a compensation of Rs.10,47,000/- with interest at 6% per annum from the date of the petition till realization of the - 5 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 amount and directed Respondent Nos 1 and 2 before the tribunal the Corporation to deposit the compensation amount. 7. The Corporation, aggrieved by the quantum of compensation awarded by the Tribunal, preferred an appeal in MFA No.102543/2017, and the petitioners filed an appeal in MFA No.102918/2017 seeking enhancement of compensation. 8. Heard the learned counsel for the Corporation and the learned counsel for the petitioners. 9. Learned counsel for the Corporation submits that the deceased was aged about 20 years and the Tribunal committed an error in adding the future prospects to an extent of 50% instead of adding 40% to the notional income. He submits that the deceased was not a permanent employee. On these grounds, he prays to allow the appeal filed by the Corporation and to dismiss the appeal filed by the petitioners. 10. Learned counsel for the petitioners submits that the accident occurred in 2016 and the Tribunal has assessed the notional income at Rs.6,000/- per month. He submits that - 6 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 in the absence of the income proof, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka State Legal Services Authority. For the year 2016, the notional income is Rs.8,750/-. He fairly concedes that the deceased was aged 22 years old and 40% of the future prospects has to be added instead of 50%. He submits that the deceased was unmarried, and 50% of the income has to be deducted towards the personal expenses of the deceased. He submits that the compensation awarded by the Tribunal is on the lower side. Hence, on these grounds, he prays to allow the appeal and dismiss the appeal filed by the Corporation. 11. Perused the records, and considered the submissions of the learned counsel for the parties. 12. The point that would arise for consideration is regarding the quantum of compensation. 13. There is no dispute regarding the occurrence of the accident and the death of Manjunath in the road traffic accident, and the petitioners are the legal representatives of - 7 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 the deceased Manjunath. The petitioners have produced a certified copy of the charge sheet marked as Ex.P-4 which discloses that the accident occurred due to the rash and negligent driving of the driver of the NWKRTC bus. 14. Regarding the quantum: Insofar as quantum is concerned, the deceased was about 20 years old. The petitioners, to prove the income of the deceased, have not produced any income proof. In the absence of the income proof, this Court takes the notional income as per the schedule notified by the Karnataka Legal Services Authority. The accident occurred in 2016. The notional income is taken at Rs.8,750/-. The deceased was aged 20 years old; therefore, 40% future prospects has to be added to the monthly income, which would come to Rs.12,250/- (Rs.8,750+3,500 (40%)). The petitioner was a bachelor hence, 50% of his income has to be deducted towards his personal expenses, which would be Rs.6,125/- (12,250x50%). The multiplier applicable to the age group of the deceased is 18. Thus, the petitioner are entitled to a compensation of - 8 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 Rs.13,23,000/- (6125x12x18) towards loss of dependency. Petitioner Nos.1 and 2 being the parents, are entitled to compensation under the head loss of consortium in a sum of Rs. 1,44,000/- (i.e., Rs. 48000x3). In addition to it, they are entitled to the compensation under the head of loss of estate and funeral expenses of Rs.36,000/-. The petitioners are entitled to total compensation of Rs.15,03,000 as against Rs.10,47,000/- awarded by the tribunal. Thus, the petitioners are entitled to an enhanced compensation of Rs. 4,56,000/- with interest. In view of the same, the point regarding quantum is answered accordingly. 15. In view of the above discussion, I proceed to pass the following: ORDER i. MFA No.102543/2017 filed by the Corporation is dismissed. ii. MFA No.102918/2017 filed by the petitioners is allowed in part. iii. The judgment and award dated 10.04.2017 passed by the learned Senior Civil Judge and - 9 - HC-KAR NC: 2025:KHC-D:12336 MFA No. 102543 of 2017 C/W MFA No. 102918 of 2017 Additional MACT, Sirsi, in MVC Nos.348/2016, is hereby modified. iv. The petitioners are entitled to an enhanced compensation of Rs. 4,56,000/- in addition to the compensation awarded by the Tribunal with interest at 6% per annum from the date of the petition till its realization. v. The Corporation is directed to deposit the entire compensation amount, along with accrued interest, within eight weeks from the date of receipt of a copy of this judgment. The Office is directed to transmit the amount in deposit and the TCR to the Tribunal. Draw the award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB