- 1 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 950 OF 2022 (MV-D) BETWEEN: 1. SRI NANJUNDEGOWDA S/O LATE NANJEGOWDA @ DONEGOWDA AGED 62 YEARS 2. SMT. NILAMMA W/O NANJUNDEGOWDA AGED 57 YEARS 3. SMT. LAKSHMI W/O LATE SHIVAKUMAR AGED 27 YEARS 4. MANVITH GOWDA S/O LATE SHIVAKUMAR AGED 9 YEARS 5. JEEVAN GOWDA S/O LATE SHIVAKUMAR AGED 6 YEARS (SINCE 4TH AND 5TH APPELLANT ARE MINORS HENCE REP. BY THEIR MOTHER AND NATURAL GUARDIAN 3RD APPELLANT) ALL ARE R/AT MARIGOWDANADODDI VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 117 …APPELLANTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 (BY MISS. NITHYA V, ADVOCATE FOR SRI. PRAKASH M H, ADVOCATE) AND: 1. UNITED INDIA INS. CO. LTD OFFICE AT NO.31, 1ST FLOOR KSIT COLLEGE, RAGHUVANAHALLI KANAKAPURA ROAD BANGALORE - 560 062 REP BY ITS MANAGER 2. SRI AFSAR PASHA S/O SHAIK BASHA AGE MAJOR R/AT THIMMASANDRA VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DIST - 562 117 …RESPONDENTS (BY SRI. ANUP SEETHA RAM RAO, ADVOCATE FOR R1; VIDE ORDER DATED 22.08.2024, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 11.10.2021 PASSED IN MVC NO.5312/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18) AND TO ENHANCE THE COMPENSATION SUITABLY IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 ORAL JUDGMENT Though the matter is listed for ‘Orders’ with the consent of learned counsel for the parties, the appeal is taken up for ‘final disposal’. 2. This appeal is filed by the appellants/claimants seeking enhancement of the compensation awarded vide judgment and award dated 11.10.2021, in MVC.No.5312/2019, passed by the IIIrd Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18) (for short ‘Tribunal’). 3. The date of accident, involvement of vehicle, death of Late Nanjegowda in the motor vehicle accident and the liability to pay the compensation are not disputed; the only challenge is regarding the quantum of compensation awarded by the Tribunal. 4. Heard Ms.Nithya.V, learned counsel appearing for Sri.Prakash M.H., learned counsel for the appellants - 4 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 and Sri.Anup Seetharam Rao, learned counsel for respondent No.1 – insurance company. 5. The only ground on which the appellant is before this Court is inadequate compensation awarded under the head ‘loss of dependency’ and ‘loss of filial consortium’. Ms.Nithya, has taken this Court through the judgment of the Tribunal and submitted that the date of accident is 10.07.2019 and as per the chart, the income fixed by the Karnataka State Legal Services Authority (for short ‘KSLSA’) for the year 2019 is Rs.14,000/- p.m., for an ‘unskilled labour’, however, the Tribunal has taken the income at Rs.12,000/- p.m. and has not considered the case for awarding ‘filial consortium’ to appellant Nos.2 to 5. On these two grounds, the appellants are in appeal seeking for enhancement of compensation and modifying the impugned judgment and award passed by the Tribunal. - 5 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 6. Per contra, learned counsel for respondent No.1 Sri.Anup Seetharam Rao, with all vehemence submitted that the Tribunal has properly considered the income of the deceased Nanjegowda. In the absence of any documents, the Tribunal fixed the monthly income at Rs.12,000/- p.m., i.e., Rs.400/- per day and awarded compensation by taking appropriate multiplier by deducting personal expenses at 1/4th and accordingly sought to dismiss the appeal as devoid of merits. 7. Having heard the learned counsel for the parties and perused the entire appeal papers, the only point which arises for consideration is: “Whether the Tribunal is justified in awarding the compensation, if not, the same requires interference at the hands of this Court?” 8. My answer to the above point for consideration is ‘partly in affirmative’ for the following reason: - 6 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 Admittedly, the accident has occurred in the year 2019. As per the chart prepared by the Karnataka State Legal Services Authority (for short ‘KSLSA’) the income is Rs.14,000/- p.m., so far as ‘unskilled labourer’ is concerned. In the facts and circumstances of the case, the Tribunal erred in taking the income at Rs.12,000/- p.m., and the same requires consideration. Hence, the income of the deceased is taken at Rs.14,000/- p.m. The age of the deceased at the time of the accident was 37 years and as per the judgment of the Hon’ble Apex Court in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1, the appropriate multiplier applicable would be ‘15’. Further, in view of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE CO. LTD. vs. PRANAY SETHI2, 40% of the income is to be added towards ‘loss of future prospects’. Therefore, the compensation under the head 1 2009 ACJ 1298 2 2017 (16) SCC 680 - 7 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 ‘Loss Of Dependency’ is recalculated and quantified as follows: (Rs.14,000 + 40%) – ¾ x 12 x 15 = Rs.26,46,000/- 9. The Tribunal has not considered the other appellants i.e., appellant Nos.2 to 5 for grant of ‘Loss Of Filial Consortium’. As per the judgment of the Hon’ble Apex Court in the cases of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS3, the appellants / claimants are entitled for Rs.40,000/- each. Accordingly, there are other four dependants and they are entitled for a sum of Rs.1,60,000/- (Rs.40,000 x 4) under the said head. Further, in view of the judgment of the Hon’ble Apex Court in the case of RASMITA BISWAL & OTHERS vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER4, there shall be an 3 2018 ACJ 2782 4 (2022) 2 SC 767 - 8 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 enhancement of 10% on the conventional heads for every three years. Though the Tribunal has discussed the same in its judgment at page No.36, in concluding para No.31, however, as could be seen from the tabular column there is no amount under escalation at the rate of 10% is awarded. Accordingly, for terms i.e., 20% awarded under the said head. 10. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Loss of Dependency : Rs. 26,46,000/- 2. Filial Consortium / Loss of Affection 1,60,000+20%(2 terms) : Rs. 1,92,000/- 3. Funeral Expenses & Obsequies and Transportation Of Dead Body 15,000+20% : Rs. 18,000/- 4. Loss of Estate 15,000+20% : Rs. 18,000/- TOTAL : Rs. 28,74,000/- - 9 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 11. The total compensation re-determined by this Court works out to Rs.28,74,000/- as against Rs.25,10,000/- awarded by the Tribunal. The appellants – claimants are entitled for an additional compensation of Rs.3,64,000/- (Rs.28,74,000 – Rs.25,10,000) along with along with interest at 6% per annum from the date of filing of the petition till realization. The respondent - Insurance Company is directed to deposit the amount of total compensation within Six Weeks from the date of receipt of the certified copy of this judgment. 12. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award dated 11.10.2021, in MVC.No.5312/2019, passed by the III Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18) is modified; - 10 - HC-KAR NC: 2025:KHC:27981 MFA No. 950 of 2022 iii) The appellants – claimants are entitled for an additional compensation of Rs.3,64,000/- (Rs.28,74,000 – Rs.25,10,000) along with along with interest at 6% per annum from the date of filing of the petition till realization. iv) The enhanced compensation amount with accrued interest supra shall be deposited by the respondent - Insurance Company, within Six weeks from the date of receipt of a copy of this order. v) Apportionment and disbursement shall be as per the order of the Tribunal. vii) No order as to costs. Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 33