- 1 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.4273 OF 2021 (MV-D) BETWEEN: 1. SHOBHA K. W/O. NANJUNDASWAMY AGED ABOUT 42 YEARS. 2. AVINASH K.N. S/O. NANJUNDASWAMY K.S. AGED ABOUT 21 YEARS. 3. AKASH K.N. S/O. NANJUNDASWAMY K.S. AGED ABOUT 19 YEARS ALL ARE RESIDING AT NO.84 BELAGOLA (H) KAREKURAHOSAHALLI MANDYA-571 438. …APPELLANTS (BY SRI SHANTHARAJ K., ADVOCATE) AND: 1. ANAND S/O. BASAVARAJU AGED ABOUT 50 YEARS RESIDING AT GUNDEGALA VILLAGE KOLLEGALA TALUK-571 440 CHAMARAJANAGARA DISTRICT. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 2. UNITED INDIA INS. CO. LTD. BY ITS MANAGER MOTOR TP-HUB, NO.1134, PRINCE OF WALES ROAD BALLAL CIRCLE, CHAMARAJAPURAM MYSURU-570 005. …RESPONDENTS (BY SRI C. SHANKAR REDDY, ADVOCATE, FOR R-2, & VIDE ORDER DATED 25-2-2022, NOTICE TO R-1 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 10-3-2021 PASSED IN M.V.C. NO.851 OF 2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, AND MEMBER, M.A.C.T., MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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) This appeal is filed by the claimants aggrieved by the judgment and award dated 10-3-2021 passed in M.V.C. No.851 of 2019 on the file of the VII Additional District and Sessions Judge, Mysuru, whereby, the Tribunal awarded a sum of Rs.18,32,552/- as compensation with interest at the rate of 6% per annum from the date of petition till the date of deposit. - 3 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 2. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 3. Brief facts of the case are that on 5-5-2019 at 11.30 a.m., Sri Nanjundaswamy K.S. (hereinafter referred to as 'deceased') was proceeding in his motorcycle, bearing Registration No.KA-55 H-5220, at old Mysuru-Bengaluru Road towards Columbia Asia Junction, the driver of lorry, bearing Registration No.KA-10 7788, drove it in a rash and negligent manner, came from opposite direction and dashed against the motorcycle of the deceased. The deceased fell down and sustained grievous injuries. Immediately, he was shifted to Columbia Hospital, but the Doctor declared him as 'brought dead'. Due to his death, wife and children lost their dependency and hence, claimed compensation on various heads. 4. Heard Sri Shantharaj K., learned counsel for the appellants-claimants, Sri C. Shankar Reddy, learned counsel for respondent No.2-Insurance Company and perused the judgment and award of the Tribunal. - 4 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 5. Learned counsel for the appellants-claimants has contended that prior to the accident, the deceased was working as a car driver and earning a sum of Rs.20,000/- and in order to substantiate this aspect, the claimants have furnished the driving licence, which is marked as Ex.P9. However, the Tribunal has considered the income of the deceased at Rs.13,250 per month, which is on lower side. Hence, he prays to enhance the compensation. 6. Per contra, the learned counsel for respondent No.2- 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 not call for interference at the hands of this Court. Thus, he prays to dismiss the appeal. 7. As there is no dispute regarding the death of the deceased in a road traffic accident occurred on 5-5-2019 due to rash and negligent driving of the lorry, bearing Registration No.KA-10 7788, by its driver and - 5 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 liability of the insurer of the offending vehicle, the only point that arises for our consideration in this appeal is: “Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?” 8. After hearing both the learned counsel and perusal of the impugned judgment and award of the Tribunal, we are of the view that the compensation awarded by the Tribunal is not just and reasonable and it is on lower side. The Tribunal has taken the income of the deceased at Rs.13,250/- per month without any proof. No documentary evidence is placed on record with regard to income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the deceased at Rs.14,000/- per month. - 6 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 9. 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, 25% of the income has to be added towards future prospects, which comes to Rs.3,500/- (14,000 X 25%). Thus, the total salary would be Rs.17,500/- per month (14,000 + 3,500), annually it will be Rs.2,10,000/- (17,500 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.2,10,000 X 1/3 = Rs.70,000/-. After deduction, the amount to be contributed to his family would be Rs.1,40,000/- (2,10,000/- minus 70,000/-). Considering the age of the deceased, ‘13’ multiplier would be applicable. Thus, the compensation payable under the head of ‘loss of dependency’ would be Rs.18,20,000/- (1,40,000 X 13). 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 - 7 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are the wife and children 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.80,000/- awarded by the Tribunal. 11. Further, Rs.15,000/- towards 'funeral expenses' and Rs.15,000/- towards 'loss of estate' awarded by the Tribunal are maintained. 12. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 18,20,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 Loss of consortium (Rs.40,000 X 3 dependents) 1,20,000.00 TOTAL 19,70,000.00 Less: Compensation awarded by the Tribunal 18,32,552.00 ENHANCED COMPENSATION 1,37,448.00 - 8 - HC-KAR NC: 2025:KHC:31335-DB MFA No. 4273 of 2021 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 claimants are entitled for a total compensation of Rs.19,70,000/- as against Rs.18,32,552/- awarded by the Tribunal with interest at the rate of 6% per annum on the additional compensation of Rs.1,37,448/- from the date of filing the claim petition till the date of realisation. iii. Respondent No.2-Insurance Company is directed to deposit the additional compensation together with interest within four 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:31335-DB MFA No. 4273 of 2021 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 KVK List No.: 1 Sl No.: 2