- 1 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5022 OF 2018 (MV-D) BETWEEN: 1. SMT. RATHNAMMA W/O LATE BAIRAPPA AGED ABOUT 46 YEARS, 2. SRI KEMPAREDDY S/O LATE BAIRAPPA AGED ABOUT 26 YEARS, 3. SRI VISHWANATHA C. S/O LATE BAIRAPPA AGED ABOUT 24 YEARS, ALL APPELLANTS ARE R/AT CHANNAHALLI VILLAGE, Y. HUNASEHAHALLI POST, KOTHANUR, SIDDLAGHATTA TALUK, CHICKBALLAPURA DISTRICT. …APPELLANTS (BY SRI. HARISH BABU K. N., ADVOCATE) AND: 1. SRI. M. S. SALAMATH TRANSPORTS PROP. M.NAWAZ BASHA NO. 16/243, S.C.BOSE ROAD, MADANAPALLI, CHITTOOR DISTRICT, ANDRA PRADESH - 517 325. 2. THE REGIONAL MANAGER, REGIONAL OFFICE UNITED INDIA INSURANCE COMPANY LTD., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 6TH FLOOR, KRISHI BHAVAN NEAR HUDSON CIRCLE NRUPATHUNGA ROAD BANGALORE - 560 001. …RESPONDENTS (BY SRI. RAVISH BENNI, ADV. FOR R2, V/O DATED: 15.12.2023 NOTICE TO R1 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.04.2018 PASSED IN MVC NO.7920/2016 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER OF MACT, BENGALURU(SCCH:15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the award dated 06.04.2018 passed in MVC No.7920/2016 by the Court of Small Causes and Member of Motor Accident Claims Tribunal,, Bengaluru. [for short 'Tribunal']. 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 3. One Bairappa met with an accident on 29.08.2016 and the petitioners being the wife and sons of deceased Bairappa have filed this petition claiming compensation of Rs.20,00,000/-. 4. The Tribunal considered the entire evidence on record and granted compensation of Rs.5,94,500/- with interest at 6% p.a. from the date of petition till realization. Aggrieved by the said order, the present appeal is preferred in which it is contended that the deceased was aged about 50 years as on the date of accident and working as agriculturist, coolie and earning Rs.15,000/- per month. Further, the Tribunal has not considered properly the income of the deceased while computing 'loss of dependency'. Though there are three dependants, 50% of his income is deducted towards personal expenses. Further, he contended that the amount granted by the Tribunal towards consortium is on the lower side, under the heads loss of estate, towards transportation of dead body and so also towards funeral expenses are on the - 4 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 lower side and lastly he contend that the petitioners have spent Rs.4,00,000/- towards medical expenses, conveyance, attendant expenses and produced the available bills and some of the bills are not produced before the Tribunal. Therefore, request for enhancement of compensation. 5. Heard the arguments on both sides and perused the records. 6. The age of the deceased as per post-mortem report is 50 years. But the petitioners have produced a copy of Aadhar Card at Ex.P9 in which the date of birth of deceased is mentioned as 01.01.1960 and the Tribunal has considered the age of the deceased as 56 years which is as per Ex.P9 i.e. Aadhar Card and appropriate multiplier is '9'. As such, this Court finds no reasons to interfere with the same. Further, it is contended by the petitioners that the deceased was earning Rs.15,000/- per month but to establish this fact, they have not produced any material. As such, notional income has to be taken as Rs.9,500/- - 5 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 p.m. as per the guidelines issued by the Karnataka State Legal Services Authority for the accident of the year 2016 and the deceased is also entitled for future prospects as per the dictum of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1 and 10% has to be added towards future prospects. (i.e. Rs.9,500+10/100= Rs.10,450/-) 7. As per the guidelines of the Hon’ble Apex Court in dictum of Sarla Verma Vs. Delhi Transport Corporation2, one-third of his income has to be deducted as there are three dependents towards his personal expenses. Thus, the income of the deceased after deducting personal expenses comes to Rs.6,967/- per month. As the deceased was aged 56 years, the multiplier of '9' is to be taken. Hence, the 'loss of dependency' is quantified as follows: 6,967x12x9= Rs.7,52,436/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 8. The petitioners being the wife and sons of the deceased are entitled for Rs.40,000/- each towards spousal and parental consortium (Rs.40,000x3= Rs.1,20,000/-) as per the dictum of Hon'ble Apex Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, and also they are entitled for Rs.30,000/- towards conventional heads as per the dictum of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi totaling to an amount of Rs.1,50,000/-. Hence, the total compensation comes to: 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 Sl. No. Heads Amount in Rs. 1 Loss of dependency 7,52,436/- 2. Loss of consortium 1,20,000/- 3. Conventional heads 30,000/- 4. Medical expenses 92,500/- TOTAL 9,94,936/- - 7 - HC-KAR NC: 2025:KHC:37260 MFA No. 5022 of 2018 Thus, the petitioners are entitled for total compensation of Rs.9,94,936/- along with interest at the rate of 6% p.a. from the date of deposit till its realization. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 06.04.2018 passed in MVC No.7920/2016 on the file of the Motor Accident Claims Tribunal, is hereby modified; iii. The petitioners are entitled equally to a sum of Rs.9,94,936/- along with interest at 6% p.a., within 1 month from the date of deposit, instead of Rs.5,94,500/- granted by the tribunal. iv. Respondent No.2 is directed to deposit Rs.9,94,936/- with interest at the rate of 6% interest p.a., within one month from the date of this order. v. On such deposit, petitioners are permitted to withdraw the entire amount along with interest accrued as per the apportionment of the Tribunal. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 70