- 1 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.103701 OF 2019 (MV-D) BETWEEN: 1. SHRI. SANTRAM VENKAPPA NANDIWALE, AGE: 52 YEARS, OCC.: COOLIE (NOW NIL), R/O: SANKONATTI, TQ. ATHANI, DIST. BELAGAVI-591304. 2. SHRI. SHRIKANT SANTRAM NANDIWALE, AGE: 27 YEARS, OCC : COOLIE, R/O : SANKONATTI, TQ. ATHANI, DIST.: BELAGAVI-591304. 3. SMT. SUNITA W/O. ANAND NANDIWALE, AGE: 25 YEARS, OCC : HOUSEHOLD WORK, R/O: SANKONATTI, TQ ATHANI, DIST.BELAGAVI-591304. 4. SMT. NIRMALA W/O.MAHAVEER NANDIWALE @ ZANDEKURUBAR, AGE : 24 YEARS, OCC.: HOUSEHOLD WORK, R/O : MUDALAGI, TQ: GOKAK, DIST : BELAGAVI-591312. - APPELLANTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. SHRI. ASHOK BHIMAPPA CHINCHALI, AGE : MAJOR, OCC : AGRICULTURE, R/O : HALYAL, ATHANI, DIST :BELAGAVI-591304. (OWNER OF VEHICLE BEARING REGD.NO.KA-23/A-5079) 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., HAVING ITS OFFICE AT CLUB ROAD, BELAGAVI-590002 (INSURER OF VEHICLE BEARING REGD. NO. KA 23/A-5079) - RESPONDENTS (BY SRI. R.S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.02.2019 PASSED IN M.V.C. NO. 1793/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, ATHANI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the claimants in M.V.C. No. 1793/2015 on the file of the Additional Senior Civil Judge and Addl. MACT, Athani [for short, ‘the ‘Tribunal’]. The appellants are aggrieved by the Tribunal’s judgment and decree dated 01.12.2019. The Tribunal, by this judgment, has disposed of two other claim petitions, but this appeal is only as against the judgment and award in M.V.C. No.1793/2015. The Tribunal has granted a total sum of Rs.8,26,000/- as compensation to the claimants along with interest at 6% p.a. under the following heads. - 3 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 1. Loss of dependency Rs. 7,56,000.00 2. Loss of love and affection Rs. 50,000.00 3. Towards transportation, funeral and obsequies ceremony Rs. 20,000.00 Total Rs. 8,26,000.00 2. It is seen from the records that the deceased Smt. Phulabai was traveling in an auto rickshaw bearing Reg. No. KA-23-A-5079 along with two others when it is involved in the accident. The deceased has died because of the injuries suffered, and her husband and children [the Claimants] have presented the claim petition. The Insurer of the auto rickshaw has not denied the liability. Sri Sanjay S. Katageri and Sri R.S. Arani, the learned counsel for the claimants and the learned counsel for the Insurer, are heard in the light of these undisputed circumstances and the claimants’ case that they must be granted a higher compensation. 3. Sri Sanjay Katageri submits that the Tribunal has taken the deceased’s income at Rs.6,000/- per month though the first claimant [her husband] has stated that she was working as a vendor of household articles in - 4 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 the local market and earning Rs.500/- per day. The learned counsel also submits that there must be addition towards future prospects because the deceased was 45 years old and there was every possibility of her increasing the prospects for the benefit of the dependants. The learned counsel points out that when there is no evidence of actual income, this Court, for reasons of uniformity and consistency, accepts the notional income evolved for settlement in Lok Adalath, and that in cases arising out of the accidents in the year 2015, the income is taken between Rs.7,000/-to Rs.8,000/-. 4. Sri R.S. Arani does not dispute the contention that this Court adopts the notional income as aforesaid when there is no proof of income or that there must be addition towards future prospects as per the guidelines of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi & Othrs1 based on the age of the deceased and the fact that the deceased was self employed. However, the learned counsel submits that 1 AIR 2017 SC 5157 - 5 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 this Court must rationalize the compensation towards loss of dependency taking the deduction towards personal expenses at 1/3rd of the income and not 1/4th as is deducted by the Tribunal. In this regard, the learned counsel submits, while inviting this Court’s attention to the description of the third and the fourth claimant, that they are the deceased’s married daughters and therefore they cannot be considered as being dependent on the deceased. 5. The rival submissions present a narrow compass for consideration. The income must be taken at Rs.8,000/- per month as the unimpeachable evidence is that the deceased, who aged about 45 years as on the date of the accident, was self-employed and there is no proof of actual income. Further, the addition towards future prospects must be 25% of the notional income. The only remaining controversy is about the deduction towards personal expenses. The appellant contends that the deduction towards personal expenses must be 1/4th with the Insurer contending that it should be 1/3rd. - 6 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 6. The Insurer relies upon description of the appellants without seriously disputing the relationship and the claimant No.1 is cross examined at length but without even suggesting that these persons were married as on the date of his deceased’s death. If the Insurer had any information that these daughters were married as on the date, it should have been put to this Claimant in the cross- examination. 7. In the light of the afore, and the fact that the claimants No.3 and 4, the daughters are shown as aged 21 and 20 years with the claimant No.2 being the eldest son, this Court is not inclined to opine that the daughters were married and not dependent on the deceased. In the light of the afore, the loss of dependency will be Rs.11,20,000/-. Computation of Loss of Dependency [In Rs.] Monthly Income 8,000.00 Addition towards future Prospects at 25% 2,000.00 Monthly Income with Future prospects 10,000.00 Deduction at 1/3 towards personal expenses 3,333.33 Monthly Income after deductions 6,666.67 Annual Income 80,000.00 Loss of dependency with multiplier of '14' 11,20,000.00 - 7 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 Further, there must be award towards conventional heads of [i] loss of estate and funeral expenses in a total sum of Rs.30,000/- and [ii] loss of consortium at the rate of Rs.40,000/- per claimant with appropriate escalation at 10% for every Block of three years as decided by the Apex Court in Pranay Sethi [supra]. Consequentially, the total compensation with the enhancement will be: Description of Heads By the Tribunal [In Rs.] By this Court [In Rs.] Loss of dependency 7,56,000.00 11,20,000.00 Loss of estate and funeral expenses 50,000.00 36,000.00 Loss of consortium 20,000.00 1,92,000.00 Total 8,26,000.00 11,88,000.00 Enhancement 4,84,000.00 In the light of the afore, the following order: ORDER [A] The appeal is allowed in part, and the Tribunal’s impugned judgment and award dated 01.02.2019 in M.V.C. No. 1793/2015 is modified granting enhanced compensation of Rs.4,84,000/- along with interest at 6% p.a. from the date of the petition till realization. - 8 - NC: 2025:KHC-D:1480-DB MFA No. 103701 of 2019 [B] The insurer shall deposit this amount with the tribunal within eight weeks from the date of receipt of a certified copy of this order. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 16