- 1 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 9513 OF 2018 (MV-D) BETWEEN: 1. SMT. FLAVIA NORONHA @ FLAVY NORONHA @ FLAVIA GLADYS NORONHA, W/O LATE RONALD FREDERICK NORONHA @ RONALD NORONHA, AGED 51 YEARS, 2. KUM.RACHAEL FLORA NORONHA D/O LATE RONALD FREDERICK NORONHA @ RONALD NORONHA, AGED 19 YEARS, 3. KUM.MICHELLE RENZI NORONHA D/O LATE RONALD FREDERICK NORONHA @ RONALD NORONHA, AGED 17 YEARS, APPELLANT No.3 IS A MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT NO.1 HEREIN, ALL ARE R/AT DOOR NO.3-11/2, BANGERASEME, PACHANADY VILLAGE, BONDEL, MANGALURU-575008. …APPELLANTS (BY SRI. GURUPRASAD B R., ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 AND: 1. NATIONAL INSURANCE CO. LTD., RASIK CHAMBERS, CENTRAL MARKET ROAD, MANGALURU-575001 REPRESENTED BY ITS MANAGER 2. MR BALAKRISHNA P POOJARY ADULT, S/O LATE POOVAPPA POOJARY, R/AT D.NO.2-61, KAMAJALU HOUSE, KENJAR VILLAGE, PEJAVARA POST, MANGALURU-574142 3. SMT POULIN NORONHA W/O ALBERT NORONHA @ ALBERT GREGORT NORONHA, AGED 87 YEARS, R/AT DOOR NO.3-11/2, BANGERASEME, PACHANADY VILLAGE, BONDEL, MANGALURU-575008. …RESPONDENTS (BY SRI. SRIDHARA K., ADVOCATE FOR R-1; R-3 IS SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED:28.03.2025, NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.08.2018 PASSED IN MVC NO. 466/2017 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, D.K. MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellants and learned counsel for the respondent – Insurance Company. 2. The appellants – claimants have filed this appeal under Section 173(1) of Motor Vehicles Act, 1988 (for short 'MVC Act') for enhancement of compensation being aggrieved by the judgment and award passed by the Tribunal in MVC.No.466/2017 dated 06.08.2018 whereby the Tribunal has granted total compensation of Rs.14,25,760/- with interest at 6% per annum from the date of petition till the date of realization. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case of claimants before the Tribunal are that, the deceased Ronald Frederick Noronha - 4 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 @ Ronald Norohna (hereinafter referred to as 'deceased'), succumbed to injuries sustained by him in the road traffic accident that occurred on 09.01.2017, as a result of the rash and negligent driving of the Innova Car bearing Reg.No.KA-19AB-6003, by its driver. Hence, the claimant has filed claim petition before the Tribunal for compensation. 5. Learned counsel Sri Guruprasad B.R for the appellants vehemently contended that the compensation awarded by the Tribunal is on lower side. The deceased was aged about 57 years and had completed Diploma in Mechanical Engineering and was working as a Mechanic in Zubair Enterprises at Muscat, since 1991. On 22.12.2016, he had visited India for one month during vacation and on 09.01.2017 he met with an accident. Prior to the accident, the deceased was working in Muscat and was drawing gross salary of R.O 475/- per month (1RO = Rs.178.79). But, the Tribunal considered the income of the - 5 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 deceased at Rs.67,788/- per month on the basis of evidence of the claimants, which is on lower side. 6. Further, the Tribunal has wrongly considered the multiplier as ‘5’. At the time of accident, the deceased was aged about 57 years. Hence, the multiplier applicable for that age group is ‘9’. 7. Further, the Tribunal has not granted fair and just compensation under the conventional heads. Hence, he prays to allow the appeal. 8. Learned counsel Sri Sridhara.K for the respondent – Insurance Company vehemently contended that the Tribunal considering the oral and documentary evidence granted a fair and reasonable compensation. Hence, no interference is called for, thus, prayed for dismissal of the appeal. 9. Having heard the learned counsel for the parties and on perusal of the records, it appears that, the accident is of the year 2017. Prior to the accident, the deceased - 6 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 Ronald Frederick Noronha @ Ronald Norohna was working as Auto Mechanic in Zubair Enterprises Northern L.L.C at Muscat. At the time of his death, his monthly income was Omani rails 475/- per month which is equal to Rs.78,210/- per month. Whereas the claimants have stated that at the time of accident, the income of the deceased was Rs.67,788/-. Thus, taking note of the income at Rs.67,788/-, the Tribunal assessed income at Rs.67,788/- per month. 10. However, the value of the R.O as on 09.01.2017 is Rs.170/-. On perusal, the value of R.O varies from day-to- day and on an average, the Tribunal considered at Rs.170/-. Hence, the deceased last drawn salary was R.O 381/- which is equal to Rs.64,770/- per month (381 x 170), thus, monthly income of the deceased is reduced to Rs.64,770/- from Rs.67,788/-. 11. There are 4 dependants in this case. The Claimants are the wife, 2 minor children and the mother. Since the deceased was residing abroad, he had incurred more - 7 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 expenditure for his personal expenses. Therefore, the Tribunal has wrongly deducted 2/3rd for his personal expenses. Infact, 1/3rd of his personal expenses to be deducted towards his personal and living expenses. Thus, 'loss of dependency' is reckoned as under: Rs.64,770 x 1/3 = Rs.21,590 64,770 - 21,590 = Rs.43,180 x 12 x 9 = 46,63,440/- 12. The Tribunal has granted Rs.20,000/- under loss of consortium, Rs.25,000/- under loss of love and affection which is not fair and reasonable. In view of the judgment of Hon'ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM ALIAS CHUHRURAM AND OTHERS reported in (2018) 18 SCC 130 and NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680, the claimants are entitled towards ‘loss of consortium’ at Rs.40,000/- each which comes to the total of Rs.1,60,000/-, Rs.15,000/- towards ‘loss of estate’ and Rs.15,000/- for ‘funeral expenses’. - 8 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 13. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 46,63,440.00 Loss of consortium 1,60,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 TOTAL 48,53,440.00 Less: Compensation awarded by the Tribunal 14,25,760.00 ENHANCED COMPENSATION 34,27,680.00 14. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimant is entitled for a total compensation of Rs.48,53,440/- as against Rs.14,25,760/- awarded by the Tribunal with interest at the rate of 6% per annum on the additional compensation of Rs.34,27,680/- from the date of filing of the claim petition till the date of its realisation. - 9 - HC-KAR NC: 2025:KHC:30669-DB MFA No. 9513 of 2018 iii. Respondent - Insurance Company is directed to deposit the additional compensation amount together with interest within six weeks from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. v. Draw modified award accordingly. vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 61