- 1 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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.8656 OF 2015 (MV-D) BETWEEN: 1. K. RAMAKRISHNA AGED 66 YEARS S/O LATE N.S. KRISHNAPPA. SINCE DECEASED, REPRESENTED BY HIS LEGAL REPRESENTATIVES, APPELLANT NO.2 AND RESPONDENT NO.1. 2. SMT. DAKSHAYINI AGED 57 YEARS W/O. K. RAMAKRISHNA RESIDENT OF NO.1304 4TH CROSS, KRISHNAMURTHY PURAM MYSURU. PRESENTLY RESIDING AT NEAR SRS CHOULTRY SHANKARMUTT ROAD K.R. PURAM, HASSAN. …APPELLANTS (BY SRI SUMANTH L. BHARADWAJ, ADVOCATE) AND: 1. SMT. SHWETHA AGED 23 YEARS W/O. LATE R. RAGHAVENDRA BHAGATH NEAR KOWSHIMUTT KALYANA MANTAPA 8TH MAIN, 19TH CROSS, MALLESHWARAM BENGALURU. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 2. K.M. NAVEEN S/O. MAYANNA R.H. KODAVATHI (V AND P) H. DURGA(H) KUNIGAL TALUK TUMKUR DISTRICT. 3. THE AUTHORIZED ATTORNEY SHRIRAM GENERAL INSURANCE CO. LTD. 1ST FLOOR, 10TH CROSS, WILSON GARDEN BENGALURU. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE, FOR R-3, & VIDE ORDER DATED 11-10-2022, APPEAL IS DISMISSED AGAINST R-1 AND R-2) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 14-7-2015 PASSED IN M.V.C. NO.467 OF 2013 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND MEMBER, M.A.C.T-II, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T.) This appeal is filed by the claimant challenging the judgment and award dated 14-7-2015 passed in M.V.C. No.467 of 2013 on the file of the learned Additional District Judge and Motor Accidents Claims Tribunal-II, Hassan, whereby the Tribunal awarded compensation of Rs.15,28,000/- with interest at the rate of 6% per annum from the date of petition till payment. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. Brief facts of the case are that on 31-8-2012 at 11:00 a.m., when Sri Raghavendra Bhagath (hereinafter referred to as 'deceased') along with his wife, Smt. Shwetha, respondent No.1, was proceeding in motorcycle, bearing Registration No.KA-14 S-8486, near Nagarbavi Ring Road, Bengaluru, while waiting for traffic signal to take right turn, the driver of a lorry, bearing Registration No.KA-05 AC-3249, drove it in a rash and negligent manner and dashed against a tipper goods lorry and also to the motorcycle of the deceased, as a result, the deceased fell down and the offending lorry ran - 4 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 over him and he died on the way to the Hospital. Hence, the parents of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation. 4. Heard Sri Sumanth L. Bharadwaj, learned counsel for the appellant/claimant, and Sri B. Pradeep, learned counsel for respondent No.3/Insurance Company. 5. Learned counsel for the appellant/claimant, strenuously contended that age of the deceased was 29 years as on the date of the accident. The multiplier applicable to his age group is '17', but the Tribunal has considered it as '9'. Further, the Tribunal has awarded meager compensation on other conventional heads. Hence, he prayed to enhance the compensation. 6. Per contra, the learned counsel for respondent No.3- Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each heads, which does - 5 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 not call for interference at the hands of this Court. Thus, he prayed to dismiss the appeal. 7. Having heard the learned counsel for the parties and on perusal of the appeal papers including original records of the Tribunal, the following point would arise for our consideration in this appeal: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? 8. In the case on hand, respondent No.3-Insurance Company has not disputed the accident in question and liability to pay the compensation to the claimant. 9. Insofar as quantum of compensation is concerned, the Tribunal has assessed the income of the deceased at Rs.15,000/- per month. The deceased was aged 29 years at the time of the accident. Respondent No.3 has not disputed this aspect. As per the dictum of the Hon’ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680, 40% of the income has to be added towards future prospects, which - 6 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 comes to Rs.6,000/- (15,000 X 40%). Thus, the total salary would be Rs.21,000/- per month (15,000 + 6,000), annually it will be Rs.2,52,000/- (21,000 X 12). There are three dependents, as such 1/3rd of income of the deceased has to be deducted towards his personal expenses, i.e. Rs.2,52,000 X 1/3 = Rs.84,000/-. After deduction, the amount to be contributed to his family would be Rs.1,68,000/- (2,52,000/- minus 84,000/-). As per the decision of the Hon’ble Apex Court in the case of SMT. SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER reported in 2009 ACJ 1298, multiplier applicable to the age of the deceased is '17'. Thus, the compensation payable under the head of ‘loss of dependency’ would be Rs.28,56,000/- (1,68,000 X 17). 10. In the case of MAGMA GENERAL INSURANCE CO. LTD. v. NANU RAM ALIAS CHUHRU RAM AND OTHERS reported in (2018) 18 SCC 130, the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case, stated supra, has discussed about granting the compensation under the head of ‘loss of - 7 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are the parents and wife of the deceased. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decision, the claimants are entitled to compensation of Rs.1,20,000/- (Rs.40,000/- each) towards ‘loss of consortium’ as against Rs.20,000/- and Rs.20,000/- towards 'loss of love and affection' awarded by the Tribunal. 11. Further, Rs.10,000/- towards 'transportation of dead body, and Rs.20,000/- towards 'funeral expenses' are merged together and we grant Rs.15,000/- under 'funeral expenses', and Rs. 15,000/- towards 'loss of estate'. 12. Thus, the appellant/claimant and respondent No.1/wife are entitled for the following compensation: HEADS Rs. Loss of dependency 28,56,000.00 Loss of consortium 1,20,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 TOTAL 30,06,000.00 Less: Compensation awarded by the Tribunal 15,28,000.00 ENHANCED COMPENSATION 14,78,000.00 - 8 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 13. 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 appellant/claimant and respondent No.1/wife are entitled for a total compensation of Rs.30,06,000/- as against Rs.15,28,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.14,78,000/- from the date of filing of the claim petition till the date of its realisation. iii. Respondent No.3-Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of 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. - 9 - HC-KAR NC: 2025:KHC:33416-DB MFA No. 8656 of 2015 v. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. vi. Draw a modified award accordingly. vii. 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 KVK List No.: 1 Sl No.: 19