- 1 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8504 OF 2022 (MV-D) BETWEEN: 1. SMT. MANJULA W/O LATE LOHITH N.B, AGED ABOUT 25 YEARS 2. MADHAN L.M S/O LATE LOHITH N B AGED ABOUT 7 YEARS 3. SINCHANA L D/O LATE LOHITH N B AGED ABOUT 4 YEARS 4. SMT MANJULA W/O LATE BALAKRISHNA AGED ABOUT 47 YEARS APPPELLANT NO.2 AND 3 ARE MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO.1 SMT. MANJULA W/O LATE LOHITH N.N ALL ARE RESIDING AT HULLURU VILLAGE CHITRADURGA TALUK - 577 501. …APPELLANTS (BY SRI. B. PRAMOD, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 AND: 1. SRI. YALLAPPA B K S/O KALLAPPA AGED ABOUT 41 YEARS OWNER OF TIPPER LORRY BEARING REG NO.KA 19 B 8918 R/O BEDARASHIVANAKERE VILLAGE CHITRADURGA TQ - 577 501. 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE KUDALA SANGAMESHWARA ARCADE NO.1 OPP JAGALURU MAHALINGAPPA TOWERS CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. B. VIJAYA KUMAR, DVOCATE FOR R2; VIDE ORDER DATED 24.03.2025, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.08.2022 PASSED IN MVC NO. 412/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 ORAL JUDGMENT This appeal is filed by the claimants being aggrieved by the judgment and award dated 30.08.2022 passed in MVC No.412/2021 by the Principal Senior Civil Judge and Additional MACT-III, seeking enhancement of compensation. 2. Though this matter is slated for admission and with a consent of both the sides, the matter is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. It is the case of claimants that one Lohith N.B., met with an accident on 20.04.2021 at about 07.30 p.m., near the Obalanarasimha Swami High School, Janukonda Village, Chitradurga Taluk, due to rash and negligent driving of the tipper lorry bearing registration No.KA-19-B- 8918. As a result, he sustained grievous injuries and while undergoing treatment, succumbed to the injuries. The - 4 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 claimants being his legal representatives have filed a claim petition under Section 166 of the Motor Vehicles Act. 5. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle. 6. From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination. 7. The claimants to prove their case, examined one witness as PW-1 and marked 14 documents, as per Exs.P-1 to P-14. 8. The only dispute in this case is regarding assessment of income of the deceased.. 9. The learned counsel appearing for the appellants contend that the deceased was operator of a JCB machine and he had a valid licence and permit to operate the same. But, the Tribunal has not taken into account about the said profession while assessing the income. Therefore, he prays to assess the appropriate income of the deceased and enhance the compensation. - 5 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 10. The respondent No.2 seriously opposes the said contention and submits that, there is no need to interfere in the findings of the Tribunal. 11. As noted by the Tribunal undisputedly, no documents have been produced by the appellants/claimants except the driving licence as Ex.P-9. If the deceased was actually employed and earning the income as mentioned in the claim petition, the claimants ought to have produced relevant records and examined the owner of the JCB to prove that the deceased was earning Rs.30,000/- per month. In the absence of the same, it is difficult to accept the contention of the claimants. 12. The income taken by the Tribunal is on the lower side. As per the chart prepared by the Karnataka State Legal Service Authority, income of the deceased can be taken as Rs.15,000/- per month. The deceased was aged about 28 years at the time of the accident. Therefore, 40% of his income is to be added towards - 6 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 future prospects, as held by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE CO. LTD., -VS- PRANAY SETHI AND OTHER1. Undisputedly, the appropriate multiplier applicable to this case is 17. The Tribunal has rightly deducted 1/4th of the income towards personal expenses, since 4 persons were depending upon the earning of the decease. Therefore, the claimants are entitled to compensation under the head of 'Loss of Dependency' as follows: Rs.15,000 + 40% = Rs.21,000 per month Rs.21,000 x 12 x 17 x 3/4 = Rs.32,13,000/- 13. After deducting the amount of Rs.25,70,400/- already awarded by the Tribunal, the enhancement will be Rs.6,42,600/-, rounded off to Rs.6,43,000/-. 14. The compensation awarded by the Tribunal under the other heads is found to be proper and does not 1 (2017) 16 SCC 680 - 7 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 call for any interference. Undisputedly, the respondents are liable the said amount. 15. For the reasons stated above, I pass the following: ORDER i) The appeal is allowed-in-part. ii) The impugned judgment and award dated dated 30.08.2022 passed in MVC No.412/2021 by the Principal Senior Civil Judge and Additional MACT-III, is modified; iii) The claimants are entitled to enhancement of Rs.6,43,000/- with interest at the rate of 6% per annum from the date of petition till its realization. iv) Respondent No.2 is liable to deposit the said amount within a period of six weeks from the date of the award. - 8 - HC-KAR NC: 2025:KHC:45938 MFA No. 8504 of 2022 v) The apportionment, deposit and release etc., are as per the award passed by the Tribunal. vi) The Registry is directed to send back the Trial Court Records along with a copy of this judgment to the concerned Tribunal forthwith. Draw the modified award accordingly. Sd/- (UMESH M ADIGA) JUDGE SMC List No.: 1 Sl No.: 12