- 1 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH 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.7112 OF 2024 (MV-D) BETWEEN: 1. MANJULA H.P. W/O. LATE MANJUNATHA K.R. AGED ABOUT 36 YEARS. 2. KEERTHANA K.M. D/O. LATE MANJUNATHA K.R. AGED ABOUT 13 YEARS APPELLANT NO.2 BEING MINOR REPRESENTED BY HER MOTHER I.E., APPELLANT NO.1 AS GUARDIAN. 3. KALAMMA W/O. RANGASWAMY AGED ABOUT 55 YEARS ALL ARE RESIDENTS OF KONDAJJI VILLAGE SALAGAME HOBLI HASSAN TALUK AND DISTRICT-573 201. …APPELLANTS (BY SMT. KAVITHA H.C., ADVOCATE) AND: 1. LOKESHA K. S/O. KARIGOWDA RESIDENT OF ATTHIHALLI VILLAGE SALAGAME HOBLI HASSAN TALUK (OWNER OF THE TRACTOR) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 2. THE MANAGER SBI GENERAL INSURANCE COMPANY LTD. RUKMINI PLAZA PA SRIRAMPURA MAIN ROAD VIVEKANANDA CIRCLE 80 FEET ROAD MADHUVANA LAYOUT SRIRAMPURA MYSORE-570 023. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R-2 VIDE COURT ORDER DATED 25-3-2025, NOTICE TO R-1 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 3-7-2024 PASSED IN MVC NO.1062 OF 2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MEMBER, ADDITIONAL M.A.C.T., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL, 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) Heard learned counsel for the appellants/claimants and learned counsel for respondent No.2. This appeal is filed by the appellants/claimants for enhancement of compensation being aggrieved by the judgment and award dated 03.07.2024 passed in MVC No.1062/2022 on the file of - 3 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 Prl. Senior Civil Judge and Chief Judicial Magistrate, Hassan, (for short, 'Tribunal'), whereby, the Tribunal awarded total compensation of Rs.21,02,000/- with interest at 7% p.a. 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 in the claim petition before the Tribunal. 3. Brief facts of the claimants' case before the Tribunal is as under:- On 15.03.2022 at about 7.15 p.m., when the deceased Manjunatha K.R. was standing by the side of land bearing Sy.No.145 situated at Kondajji village, Salagame Hobli, Hassan Taluk, at that time, one Tractor bearing registration No.KA-13-TB-9414 came driven in rash and negligent manner and dashed against the deceased Manjunatha, as a result of which, the deceased Manjunatha fell down and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Hassan for treatment. Due to the accident, said Manjunatha succumbed to the injuries. Hence, the claimants filed a claim petition under section 166 of M.V. Act. Claimant No.1 is the wife, claimant No.2 is the daughter and claimant No.3 is the mother of deceased. - 4 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 4. Learned counsel for the claimants strenuously contended that the Tribunal without considering the material available on record has wrongly assessed the income of the deceased at Rs.11,473.16/- p.m. As per the chart prepared by The Karnataka State Legal Services Authority as well as High Court Legal Services Committee, Bengaluru, for the accident of the year 2022, the notional income could be assessed at Rs.15,500/-. Hence, learned counsel sought to allow the appeal. 5. Per-contra, 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 has awarded just and reasonable compensation under each heads, which does not call for an interference at the hands of this Court. Thus, he prayed for dismissal of the appeal. 6. Having heard learned counsel for both the parties and on perusal of the appeal papers, 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? - 5 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 7. In the instant case, the Insurance company has not disputed the accident, cause of death of the deceased and liability to pay compensation. Insofar as quantum of compensation is concerned, the Tribunal assessed the notional income of the deceased at Rs.11,473.16 paise p.m., which is on meager side. The accident is of the year 2022. No documentary evidence is placed on record with regard to income of the deceased. In the absence of proof of income, taking note of the circular issued by the Karnataka State Legal Services Authority as well as High Court Legal Services Committee, Bengaluru, we deem it appropriate to re-assess the notional income of the deceased at Rs.15,500/- p.m. The deceased was aged 36 years at the time of the accident. Respondent No.2 has not disputed this aspect. As per the decision of the Hon’ble Apex Court in the case of Smt. Sarla Verma and Others v. Delhi Transport Corporation and another reported in AIR 2009 SC 3104, the multiplier applicable to the age group of the deceased is ‘15’. The deceased had left behind his wife, daughter and mother and therefore, the proper deductions towards personal expenses of the deceased would be 1/3rd. The Tribunal placing reliance on the decision of the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and others, reported in AIR 2017 SC 5157 has rightly considered future prospectus at 40%, since the deceased was self-employed and below - 6 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 the age of ’40’ years. Thus, the 'loss of dependency' works out to Rs.26,04,000/-(Rs.15,500 +40% x 2/3 x12 x15). 8. Sofar as conventional heads are concerned, the Tribunal has awarded a compensation of Rs.1,35,000/- towards 'loss of consortium/loss of estate' which is not fair and reasonable compensation. In view of the principles laid down in the case of National Insurance Company Limited v. Pranay Sethi and others reported in AIR 2017 SC 5157, under conventional heads namely, loss of estate, loss of consortium and funeral expenses, a sum of Rs.15,000/-, Rs.40,000/- and Rs.15,000/- is to be awarded accordingly and hence the same is re-assessed as follows i.e., towards loss of consortium, as there are three dependants, as per Pranay Sethi's case referred supra, the claimants are entitled for a compensation of Rs.1,20,000(Rs.40,000 x 3) towards 'loss of consortium' and a compensation of Rs.15,000/- is awarded towards 'loss of estate'. The Tribunal has awarded fair and reasonable compensation towards 'medical expenses'. Hence, no interference is called for. - 7 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 9. Thus, the claimants are entitled for the following compensation:- Compensation under different Heads Amount in Rs. Loss of dependency 26,04,000 Towards funeral expenses 15,000 Towards medical expenses and transporation of dead body 20,000 Towards loss of estate 15,000 Towards loss of consortium 1,20,000 TOTAL 27,74,000 Compensation awarded by the Tribunal 21,02,000/- BALANCE 6,72,000/- 10. The claimants are entitled to a enhanced compensation of Rs.27,74,000/- as against Rs.21,02,000/- awarded by the tribunal. Accordingly, we pass the following: ORDER 1. The appeal filed by the claimants is allowed-in- part. 2. The judgment and award dated 03.07.2024 passed in MVC No.1062/2022 on the file of Prl. Senior Civil Judge and Chief Judicial Magistrate, Hassan is modified to the extent stated hereinabove. 3. The claimants are entitled for total compensation of Rs.27,74,000/- as against Rs.21,02,000/- awarded - 8 - HC-KAR NC: 2025:KHC:31081-DB MFA No. 7112 of 2024 by the Tribunal with enhanced compensation of Rs.6,72,000/- with interest at 6% p.a. from the date of filing of the claim petition till the date of its realization. 4. The Insurance Company shall deposit the enhanced compensation with accrued interest at 6% p.a. within a period of six weeks from the date of receipt of copy of the judgment. 5. Apportionment, disbursement and deposit shall be in terms of order of the Tribunal. 6. Draw the modified award accordingly. 7. Registry to transmit a copy of this judgment to the concerned Tribunal, along with its records. 8. No order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 36