- 1 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4852 OF 2024(MV-D) BETWEEN: 1. SRI. TAJ PASHA, S/O. LATE SHARIEF SAB, AGED ABOUT 53 YEARS, 2. SRI. MUJEEB PASHA, S/O. TAJ PASHA, AGED ABOUT 26 YEARS, 3. SRI. ASIF PASHA, S/O. TAJ PASHA, AGED ABOUT 24 YEARS 4. SRI. ASMATH PASHA, S/O. TAJ PASHA, AGED ABOUT 22 YEARS ALL ARE R/AT DOOR NO.813, W-18 NEAR JK SCHOOL AND KAIWARA TATHA MUTT, OPP TO NARASAMMA BUILDING, KEELUKOTE, KOLAR CITY - 563 102. …APPELLANTS (BY MS. SUGUNA R. REDDY, ADVOCATE (VC)) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 AND: 1. SRI. M. N. CHANDRASHEKARAIAH, S/O. NANJAPPA, MAJOR IN AGE, LAND LORD, MANCHAPPANAHALLI VILLAGE, TAVAREKERE POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN CODE - 562 122. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., SUGUNA COMPLEX, ANTHARANGANGE ROAD, KUVEMPU EXTENSION, KOLAR CITY - 563 101. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; R1- V/C/O DATED 12.03.2025, NOTICE IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2023 PASSED IN MVC NO.133/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 ORAL JUDGMENT At request of Smt.Suguna R Reddy learned counsel for the appellants who appears through video conference and Sri.Mallikarjun Reddy.N.A. who represents Sri.Janardhan Reddy learned counsel on record for respondent No.2 and who appears before this Court physically, the matter is taken up for final hearing and disposal. 2. Being aggrieved by the award that is passed by the Motor Accident Claims Tribunal, Kolar in MVC No.133/2021 dated 19.10.2023 the petitioners therein have preferred the present appeal seeking enhancement in compensation. 3 The first appellant being the husband and appellant Nos.2 to 4 being the children of the deceased Smt.Jakeer Begum (hereinafter be referred to as the 'deceased' for brevity) filed a petition claiming compensation of ₹36,00,000/- in total. The Tribunal - 4 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 through the impugned order awarded a sum of ₹23,68,672/- as compensation. The version of the appellants is that they are entitled to a higher sum. 4. Arguing on merits of the matter, learned counsel for the appellants submits that the appeal is filed on the limited grounds of the application of appropriate multiplier and in respect of non-awarding any compensation under the head loss of estate. Learned counsel states that the deceased was aged about 45 years by the date of accident. Therefore, as per the decision of the Hon'ble Apex Court in the case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104, the appropriate multiplier to be applied is '14'. However, the Tribunal applied the multiplier '13'. Learned counsel also states that the Tribunal for the reasons best known did not award any compensation under the head loss of estate. Learned counsel thereby seeks for enhancement in compensation. - 5 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 5. Learned counsel who represents respondent No.2 seeks to dispose of the matter on merits. 6. Considering the evidence produced, the Tribunal took the age of the deceased as 45 years by the date of accident. Therefore, as rightly submitted by learned counsel for the appellants the appropriate multiplier to be as per the decision of the Hon'ble Apex Court in Sarla Verma's case is '14'. However, the Tribunal applied the multiplier '13'. On applying the multiplier '14' and without disturbing other parameters i.e., the notional income as ₹15,000/- per month, adding 25% towards future prospects, deducting 1/4th towards personal and living expenses which the deceased would have incurred had she been alive, the compensation which the appellants are entitled to under the head loss of dependency is as under: - 6 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 Description Amount In Rs. Notional income 15,000-00 Annual Income (15,000X12) 1,80,000-00 On adding 25% towards future prospects 2,25,000-00 On deducting 1/4th towards personal and living expenses 1,68,750-00 Loss of dependency, on applying appropriate multiplier '14' 23,62,500-00 7. Thus the appellants are entitled to a sum of ₹23,62,500/- towards loss of dependency. However, the Tribunal awarded a sum of ₹21,93,672/- only under the said head. Thus, the appellants are entitled to a sum of ₹1,68,828/- (₹23,62,500/- - ₹21,93,672/-) additionally under the head loss of dependency. Together with the said amount the appellants are entitled to a sum of ₹16,500/- towards loss of estate. Thus total sum which the appellants are entitled to receive in addition to the sum that is awarded by the Tribunal is ₹1,85,328/- - 7 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 (₹1,68,828/- + ₹16,500/-). Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Kolar through orders in MVC No.133/2021 dated 19.10.2023 is enhanced by ₹1,85,328/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. However, the appellants are not entitled for any interest for the period of delay of 182 days as per order in I.A.No.1/2024. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) The apportionment made by the Tribunal applies to enhanced sum as well. - 8 - HC-KAR NC: 2025:KHC:37137 MFA No. 4852 of 2024 (vi) On deposit, the appellants are permitted to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 41