- 1 - NC: 2025:KHC-D:5559 MFA No. 24584 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 24584 OF 2013 (MV) BETWEEN: 1. THE MANAGING DIRECTOR, NWKRTC AND SELF INSURANCE FUND, GOKUL ROAD, HUBLI. 2. THE DIVISIONAL CONTROLLER, NWKRTC, MULAGUND NAKA, GADAG. BOTH ARE REPTD. BY THE CHIEF LAW OFFICER, NWKRTC, HUBLI. …APPELLANTS (BY SRI. I. C. PATIL, ADVOCATE) AND: 1. GANGOTRI W/O. SANGAYYA KESARBHAVI, AGE 45 YEARS, OCC: HOUSEHOLD WORK. 2. SANGAYYA MAHANTAYYA KESARBHAVI, AGE 46 YEARS, OCC: AGRIL. 3. PRABHUSWAMI SANGAYYA KESARBHAVI, AGE 23 YEARS, OCC: DRIVER, ALL ARE R/O. BADAMI, NOW RESIDING AT: VAKKALIGAR ONI, GADAG. …RESPONDENTS (NOTICE TO R1 TO R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO CALL FOR RECORDS IN MVC NO.309/2011 ON THE FILE OF THE DISTRICT JUDGE AND M.A.C.T, GADAG AND SET ASIDE THE JUDGMENT AND AWARD DATED 28.08.2012 PASSED IN MVC NO.309/2011 ON THE FILE OF THE DISTRICT JUDGE AND MACT, GADAG, AS A COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT, BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5559 MFA No. 24584 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard the learned advocate for the appellants. 2. This appeal is by the owner-Corporation challenging the judgment and award dated 28.08.2012 passed in MVC No.309/2011 on the file of the learned District Judge and MACT, Gadag (for short, ‘the Tribunal’). 3. Parties are referred to as per their ranking before the Tribunal. 4. It is the case of the claimants that on 21.09.2011 at about 12:15 hours deceased Swami Vivekananda, was riding the motorcycle bearing registration No.MH-10/X-1853 along with a pillion rider. He met with an accident due to rash and negligent driving of the bus belonging to respondent-Corporation, bearing registration No.KA-26/F-545. As a result of which said Swami Vivekananda sustained fatal injuries and succumbed to the injuries at the spot. Pillion rider also sustained grievous injuries. The legal representatives of - 3 - NC: 2025:KHC-D:5559 MFA No. 24584 of 2013 deceased filed claim petition in MVC No.309 of 2011. The Tribunal considering the pleadings and available materials on record assessed income of the deceased as Rs.5,000/- per month added 30% of his income towards future prospects; age of the youngest parent i.e., mother as 43 years and deducted half of the income towards personal expenses and assessed compensation under the head of loss of dependency as Rs.5,46,000/-. 5. The main grievance of the appellants is that the Tribunal ought to have taken income of the deceased as Rs.4,500/- per month instead of Rs.5,000/- per month. It is pertinent to note that though notice was duly served on the claimants, they have not appeared and they have also not filed any appeal against the impugned judgement. The Tribunal has taken the multiplier based on the age of the youngest parent. Deceased was aged about 24 years if that is considered, then future prospects shall be considered as 40% of his income and has to be added towards future prospects. The amount of compensation awarded under the conventional heads are also on lower - 4 - NC: 2025:KHC-D:5559 MFA No. 24584 of 2013 side. The judgment and award was passed during the year 2012 and already much water is flown under the bridge. Under these circumstances after lapse of 12 to 13 years re-consideration of the income which according to the appellants Rs.500/- per month is above the notional income chart prepared by the KSLSA. Looking to the facts and circumstances of the case discussed above, it is not a fit case to re-consider the income of deceased. The appeal is devoid of merits. Accordingly this Court pass the following: ORDER i. Appeal is dismissed. ii. The impugned judgment and award dated 28.08.2012 passed in MVC No.309/2011 on the file of learned District Judge and MACT, Gadag is confirmed. iii. Whatever amount deposited by the appellants shall be transmitted to the Tribunal. - 5 - NC: 2025:KHC-D:5559 MFA No. 24584 of 2013 iv. Send back the TCR along with copy of this judgment. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 6