- 1 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2391 OF 2023 (MV-D) BETWEEN: 1. JAYAMMA W/O LATE HANUMANTHARAYA AGED ABOUT 25 YEARS 2. KARIYAMMA W/O LATE NAGANNA AGED ABOUT 60 YEARS BOTH ARE R/AT GUNEHALLI VILLAGE HEMAVATHI POST MADAKASHIRA TALUK ANANTHAPURA DISTRICT ANDHRA PRADESH STATE - 515 301 …APPELLANTS (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. C RANGANATHAPPA S/O RANGAJJA AGED ABOUT 50 YEARS R/A VEERANJINAPALLI GUDIBANDA MADAKASHIRA TALUK - 515 301 ANANTHAPURA DISTRICT ANDHRA PRADESH STATE 2. TATA AIG GEN. INS. CO. LTD. BY ITS MANAGER 4TH FLOOR, BLOCK-A MY HOME TYCOON Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 KUNDAN BAGH BEGUMPET HYDERABAD - 500 016 BRANCH OFFICE AT: TATA AIG GEN. INS. CO. LTD. 2ND FLOOR, J P AND DEVI JAMBUKESHWARI ARCADE NO.69, MILLERS ROAD BENGALURU - 560 052 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2 VIDE ORDER DATED 26.07.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.04.2022 PASSED IN MVC NO.1411/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimants against the judgment and award dated 16.04.2022, passed by the learned Senior Civil Judge and MACT, Sira (for short `the Tribunal'), in MVC No.1411/2018 seeking enhancement of the compensation. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. The brief facts of the case of both the parties before the Tribunal were that : On 20.10.2018 at about 5:00 p.m. one Hanumantharaya and Gangadhara were waiting for a bus at Naragondanahalli bus stand at Bargur - Doddabanagere road; the said Hanumantharaya met with an accident due to rash and negligent driving of the Tractor-cum-Trailer bearing Reg.Nos. AP-02/BP-3047 and - 4 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 AP-02/BP-3046 by its driver. As a result of which, Hanumantharaya sustained grievous injuries and died at the spot. The claimants being the wife and mother of the deceased - Hanumatharaya filed the claim petition seeking compensation. 4. Respondent No.2 - insurer filed its objections denying the contents of the claim petition before the Tribunal and prayed for dismissing claim petition. 5. The Tribunal has framed necessary issues and recorded the evidence. After hearing the arguments, the Tribunal awarded the compensation by holding that accident took place due to rash and negligent driving of the driver of the Tractor-cum-Trailer by its driver. The Tribunal awarded the following compensation: 01 Loss of dependency : Rs. 25,19,856-00 02 Towards filial consortium and love and affection : Rs. 80,000-00 - 5 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 03 Towards transportation and funeral expenses : Rs. 15,000-00 04 Towards loss of estate : Rs. 15,000-00 Total Rs.26,29,856-00 6. The contentions of the appellants are that the notional income taken by the Tribunal is on the lower side. The deceased was earning Rs.15,000/- per month i.e., Rs.500/- per day. The Tribunal has not accepted the same, though the said income was meager sum. The Tribunal has taken the notional income as Rs.12,500/- per month. He further submits that taking notional income as Rs.15,000/-, compensation be enhanced. 7. Learned counsel for respondent No.2 submits that the Tribunal has awarded just and fair amount of compensation and it does not call for any interference. - 6 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 8. Perused material placed on record. No materials were placed on record by the claimants to prove that deceased was earning Rs.15,000/- per month. Therefore, the Tribunal assessed notional income of the deceased as Rs.12,500/-. It does not call for interference. 9. It may be true that there may not be any materials or documents to prove the wages of an unorganized labourers. Therefore, the notional income concept has been developed. To award compensation, the Tribunal followed notional income chart prepared by the Karnataka State Legal Services Authority and assessed the income as Rs.12,500/- per month. The Tribunal followed the law laid down by the Apex Court in the case of NATIONAL INSURANCE COMPANY LTD., V. PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680 and added 40% of income of deceased towards future prospects and applied proper multiplier and awarded compensation. The Tribunal warded compensation under - 7 - HC-KAR NC: 2025:KHC:39725 MFA No. 2391 of 2023 conventional heads, following the law laid down in the case of PRANAY SETHI (supra). 10. I do not find any reasons to interfere with the said findings. The appeal is devoid of merits. Hence, appeal is dismissed. Sd/- (UMESH M ADIGA) JUDGE SJK CT-SG List No.: 1 Sl No.: 17