- 1 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.5781 OF 2021 (MV-D) BETWEEN: 1. SMT. A TULASI W/O LATE ASWATHNARAYANA AGED ABOUT 29 YEARS 2. SRI. SRINIVASA S/O LATE VENGAPPA AGED ABOUT 60 YEARS 3. SMT. BHAGYAMMA W/O SRINIVASA AGED ABOUT 55 YEARS ALL ARE R/AT NO.248 BRAHMINS STREET FORT, CHICKBALLAPUR CITY CHICKBALLAPURA DISTRICT …APPELLANTS (BY SMT. SUGUNAMMA V C, ADVOCATE) AND: 1. SMT. RAMINENI SRIDEVI W/O SRINIVASA RAO, AGED ABOUT 50 YEARS R/AT NO.119/6/A/2, VAGDEVI COLLEGE ROAD, NAYA NAGAR, KODADA, NALAGONDA DISTRICT, TELANGANA STATE. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 2. THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD., UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU. …RESPONDENTS (BY SRI. M.P.SRIKANTH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.12.2019 PASSED IN MVC NO.135/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, CHICKBALLAPUR AND ENHANCE THE COMPENSATION TO RS.25,00,000/- (NOW RESTRICTING CLAIM TO RS.25,00,000/- FROM RS.45,00,000/-) FROM RS.12,99,000/- AS AWARDED BY THE CLAIMS TRIBUNAL AND TO AWARD INTEREST AS THE RATE OF RS.12% P.A ON THE AWARD AMOUNT TO MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of the compensation vide judgment and award dated 09.12.2019, in MVC.No.135/2016, passed by the IInd Additional Senior Civil Judge And Motor Accident Claims Tribunal, Chickaballapur (for short ‘Tribunal’). 2. The date of accident, involvement of vehicle, death of one Ashwathanarayana i.e., husband of appellant No.1 and - 3 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 son of appellant Nos.2 and 3 and the liability to pay the compensation is not disputed; the only challenge is regarding the quantum of compensation awarded by the Tribunal. 3. Heard Smt.Sugunamma V.C., learned counsel for the appellants and Sri.M.P.Srikanth, learned counsel for respondent No.2. Perused the entire appeal papers. 4. Smt.Sugunamma taking this Court through the impugned judgment and award passed by the Tribunal vehemently submits that the deceased was a driver, which is also on record and could be gathered from the FIR, as well as the charge-sheet papers. That apart, the Driving License of the deceased was produced as Exhibit-P14. Though the insurance company had taken the contention on contributory negligence, however, after the judgment and award the insurance company has satisfied the judgment and award passed by the Tribunal. 5. Smt.Sugunamma submitted that the accident is of the year 2013 and the deceased was holding a valid driving - 4 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 license and was a ‘skilled labourer’. In view of the same, she asserts that the Tribunal committed an error in taking the income of the deceased at Rs.9,000/- per month, which is in respect of ‘unskilled labourers’. The income as fixed by the Karnataka State Legal Services Authority (for short ‘KSLSA’) at Rs.8,000/- p.m., for the year 2013, which is for an ‘unskilled labour’. The deceased was a driver holding valid driving license and the accident has occurred in the year 2013, an income of Rs.400/- per day will be justified for a driver for the year 2013, that comes to Rs.12,000/- per month. In view of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI1, since the deceased was 30 years at the time of accident and hence, 40% of the income is to be added towards ‘loss of future prospects’ and on adding the same, the monthly income of the deceased comes to Rs.16,800/-, after deducting 1/3rd towards personal expenses, the same comes to Rs.11,200/- per month. The 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 appropriate multiplier as per the judgment of the Hon’ble Apex Court in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER2 is ‘17’. In view of the income stated supra and on redetermination ‘Loss Of Dependency’ works out to Rs.22,84,800/- (Rs.11,200 + 40% - 1/3rd x 12 x 17). Accordingly, the same is awarded. 6. In view of the law laid down by the Hon’ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS3 and in the case of NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI4, the claimants of the deceased are entitled to Rs.40,000/- each under the head ‘Loss Of Consortium’. 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 2 2009 ACJ 1298 3 2018 ACJ 2782 4 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 AND ANOTHER5, there shall be an enhancement of 10% on the conventional heads for every three years. Taking into consideration the same, the compensation awarded towards ‘loss of consortium’, being Rs.1,20,000/- (Rs.40,000 x 3), the escalation at 10%+10% works out to Rs.24,000/-. Accordingly, the appellants / claimants are entitled for a sum of Rs.1,44,000/- (Rs.40,000 x 3 + 20%) towards ‘Loss Of Consortium’ including Loss Of Love And Affection’. 7. Further, a compensation of Rs.15,000/- and Rs.15,000/- is awarded under the head ‘Funeral And Transportation’ and ‘Loss Of Estate’ respectively, along with 20% escalation. Therefore, Rs.36,000/- (Rs.15,000 + 15,000 + 20%) towards ‘Loss Of Estate’ And ‘Funeral And Transportation’. 8. Thus, in all the appellants/claimants are entitled for enhanced compensation as follows: 5 (2022) 2 SC 767 - 7 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 Loss Dependency : Rs. 22,84,800/- Loss of Consortium : Rs. 1,44,000/- Loss of Estate & Funeral Expenses : Rs. 36,000/- TOTAL : Rs. 24,64,800/- 9. The total compensation re-determined by this Court works out to Rs.24,64,800/- as against Rs.12,99,000/- awarded by the Tribunal. The appellants – claimants are entitled for an additional compensation of Rs.11,65,800/- (Rs.24,64,800 – Rs.12,99,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. The respondent – Corporation is directed to deposit the enhanced compensation within Six Weeks from the date of receipt of the certified copy of this judgment. 10. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is Allowed-In-Part; - 8 - HC-KAR NC: 2025:KHC:27381 MFA No. 5781 of 2021 ii) The judgment and award dated 09.12.2019, in MVC.No.135/2016, passed by the IInd Additional Senior Civil Judge And Motor Accident Claims Tribunal, Chickaballapur is modified; iii) The appellants – claimants are entitled for an additional compensation of Rs.11,65,800/- (Rs.24,64,800 – Rs.12,99,000) along with interest at 6% per annum from the date of filing of the petition till realization; iv) The enhanced compensation amount shall be deposited by the respondent – Corporation, within Six weeks from the date of receipt of a copy of this order; v) Disbursement as well as apportionment of the compensation amount shall be as per the impugned order of the Tribunal. v) No order as to cost. Sd/- (T.M.NADAF) JUDGE JJ