- 1 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.2684 OF 2017 (MV-D) BETWEEN: SMT. PARVATHAMMA AGED ABOUT 63 YEARS W/O. LATE P. LINGAPPA RESIDING AT THENDEKERE VILLAGE SEELENERE HOBLI, K.R. PET TALUK MANDYA DISTRICT-571 423. …APPELLANT (BY SRI P. NATARAJU, ADVOCATE) AND: 1. K. SURESH S/O. KALIYANAN GOWDAR CAST AGED ABOUT 42 YEARS RESIDING AT NO.1/125 COSAVAN PALYAM, PERAMKURCHI POST PARAMATHIVELLURU TALUK NAMAKKAL DISTRICT TAMIL NADU STATE-637 001. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD. NO.2951, JLB ROAD CHAMUNDIPURAM MYSURU-570 004. …RESPONDENTS (BY SRI R. JAI PRAKASH, ADVOCATE, FOR R-2, AND VIDE COURT ORDER DATED 4-3-2022, NOTICE TO R-1 DISPENSED WITH) * * * Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 30-12-2016 PASSED IN M.V.C. NO.1018 OF 2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., K.R.PET, 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimant challenging the judgment and award dated 30-12-2016 passed in M.V.C. No.1018 of 2013 on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, K.R. Pet, whereby the Tribunal awarded compensation of Rs.7,59,972/- with interest at the rate of 9% per annum from the date of petition till the date of realisation. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 3. Brief facts of the case are that on 18-3-2013 at 7:00 a.m., when P. Lingappa (hereinafter referred to as 'deceased') was driving passenger 407 Tempo, bearing Registration No. KA-09/7031, from Thendekere towards Seelenere on Mysuru-Channarayapatna road, the driver of a lorry, bearing Registration No.TN-28/M-5945, drove it from K.R. Pet towards Mysuru in a rash and negligent manner and dashed against the said Tempo. As a result, the Tempo capsized and the deceased sustained grievous injuries to his head, legs and other parts of the body. The deceased was shifted to Government Hospital, K.R.Pet, for treatment, and thereafter, to Colombia Asia Hospital, Mysuru, for further treatment, where he succumbed to injuries on 27-3-2013. Hence, the claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation. The deceased was aged 65 years, working as Agriculturist and driver of the tempo and earning a sum of Rs.15,000/- per month. 4. The Tribunal, considering the evidence on record at Exs.P1 to P13 and oral evidence of PWs.1 and 2, partly allowed the claim petition awarding a total compensation of - 4 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 Rs.7,59,972/- with interest at the rate of 9% per annum from the date of petition till its realisation. Being aggrieved by the same, the claimant filed this appeal seeking enhancement of compensation. 5. Sri P. Nataraju, learned counsel for the appellant/claimant, strenuously contended that the deceased was hale and healthy. He was Agriculturist and also working as driver in Tempo and earning a sum of Rs.15,000/- per month. The deceased was the only earning member of the family. The Tribunal, without properly considering the evidence on record, erred in assessing the income of the deceased at Rs.5,000/- per month and awarded Rs.2,79,972/- towards 'loss of dependency', which is inadequate. Hence, he prayed to allow the appeal. 6. Per contra, Sri R. Jai Prakash, 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 - 5 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 heads, which does 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.2-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 assessed the notional income of the deceased at Rs.5,000/- per month, which is on the meager side. The accident is of the year 2013. 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 Circular issued by the Karnataka State Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it - 6 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 appropriate to reassess the notional income of the deceased at Rs.8,000/- per month. 10. The deceased was aged about 65 years at the time of the accident. Respondent No.2 has not disputed this aspect. As per 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 '7'. The deceased left behind one dependent, i.e. wife. Hence, 1/3rd shall be deducted towards his personal and living expenses. Thus, 'loss of dependency' is reckoned as under: 8,000 x 1/3 = 2,667. 8,000 - 2,667 = 5,333 x 12 x 7 = Rs.4,47,972/-. 11. The Tribunal has awarded fair and reasonable compensation under all other heads, which does not call for our interference. 12. Thus, the claimant is entitled for the following compensation: - 7 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 HEADS Rs. Loss of dependency 4,47,972.00 Loss of consortium 1,00,000.00 Medical expenses 3,40,000.00 Funeral expenses 25,000.00 Loss of estate 10,000.00 TOTAL 9,22,972.00 Less: Compensation awarded by the Tribunal 7,59,972.00 ENHANCED COMPENSATION 1,63,000.00 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 claimant is entitled for a total compensation of Rs.9,22,972/- as against Rs.7,59,972/- awarded by the Tribunal with interest at the rate of 9% per annum on the additional compensation of Rs.1,63,000/- from the date of filing of the claim petition till the date of its realisation. - 8 - HC-KAR NC: 2025:KHC:29515-DB MFA No. 2684 of 2017 iii. Respondent No.2-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 KVK List No.: 1 Sl No.: 38