- 1 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103625 OF 2022 (MV-D) BETWEEN: KAMALAVVA @ KAMALAVVA W/O. PUTTANAGOUDRA @ PUTTANAGOUDA KAREGOUDRA @ PATIL AGE. 55 YEARS, OCC. HOUSE HOLD WORK, R/O. VARDI, TQ. HANGALLA, NOW AT BHARATI NAGAR, HAVERI, TQ. AND DIST. HAVERI. …APPELLANT (BY SRI CHANDRASHEKHAR M.HOSAMANI, ADVOCATE) AND: 1. MAHAMMAD ISMAIL S/O. MODINKHAN PATHAN, AGE. 40 YEARS, OCC. OWNER OF THE MOTOR CYCLE NO.KA-27/V-5476, R/O. KOLUR, TQ. AND DIST. HAVERI-581110. 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LIMITED, R.G. MOKTALI BUILDING, HANAGALLA ROAD, OPP. KSRTC BUS STAND, HAVERI-581110, TQ. AND DIST. HAVERI, POLICY NO.2403023115 P 109786638. VALID FROM 23.11.2015 TO 22.11.2016. …RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PLEASED TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 06.06.2019 PASSED IN MVC NO.1344/2017 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed under Section-173(1) of the Motor Vehicles Act 1988, by the appellant–claimant, calling in question the judgment and award dated 06.06.2019, passed in M.V.C.No.1344/2017, on the file of the Motor Accident Claims Tribunal and Prl. Senior Civil Judge, Haveri (hereinafter referred to as ‘the Tribunal’ for brevity) seeking enhancement of compensation. 2. Brief facts of the case are that on 13.08.2016 at about 01.10 p.m., when deceased-Puttanagoudra @ Puttanagouda was grazing the buffalo on the left side of the road, at that time, the rider of the offending motorcycle bearing Reg.No.KA-27/V-5476 was ridden by its rider in a rash and negligent manner and dashed to the deceased and caused the accident. Due to the said accident, the deceased sustained severe injuries to his head and while shifting to the hospital, he died in the - 3 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 middle way. Therefore, the claim petition is filed under Section 166 of the M.V Act seeking for compensation. The Tribunal has allowed the petition in part and granted compensation of Rs.5,56,000/- along with interest at the rate of 6% per annum from the date of petition till its realization on the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 4,86,000 2. Towards funeral expenses. 15,000 3. Towards loss of consortium 40,000 4. Towards loss of estate. 15,000 Total: 5,56,000 3. Heard the arguments and perused the material placed before the Court. 4. The deceased was aged 58 years as on the date of accident and was a coolie by profession. The accident is of the year 2016. The monthly income of the deceased taken by the Tribunal is Rs.9,000/-. As per income chart prepared by Karnataka State Legal Services Authority, notional income for the accident of the year 2016 is Rs.8,750/- per month. Though there is no document to - 4 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 prove the income of the deceased, taking note of the year of accident and avocation of the deceased as coolie, the income assessed by the Tribunal at Rs.9,000/- per month is just and reasonable, requires no modification. 5. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, 10% of the income is to be added towards loss of future prospects in life. There is one legal heir. Therefore, 1/3rd of the income is to be deducted towards personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is ‘9’. Therefore, loss of dependency is re-assessed and quantified as under: Rs.9,000 + 900 x 2/3 x 9 x 12 = Rs.7,12,800/- 6. In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi supra, the claimant - 5 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 is entitled to Rs.40,000/- under the head ‘loss of consortium’, along with 10% escalation. Accordingly, Rs.44,000/- (Rs.40,000+10%) is awarded under the head ‘loss of consortium’. 7. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore, under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 8. Thus, the claimant would be entitled for compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 7,12,800 2. Towards loss of consortium (40,000 +10%) 44,000 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000 Total: 7,89,800 - 6 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 9. Therefore, the claimant is entitled for compensation of Rs.7,89,800/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.5,56,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The impugned judgment and award dated 06.06.2019 passed in M.V.C.No.1344/2017, on the file of Motor Accident Claims Tribunal and Prl. Senior Civil Judge, Haveri, is modified to the aforesaid extent. iii. The claimant is entitled for total compensation of Rs.7,89,800/- along with interest at the rate of 6% p.a. from the - 7 - NC: 2025:KHC-D:683 MFA No. 103625 of 2022 date of petition till its realization as against Rs.5,56,000/- awarded by the tribunal. iv. The enhanced compensation shall bear interest at the rate of 6% per annum from the date of petition till realization. v. The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi. The order with regard to apportionment, deposit and release of amount shall be in terms of the tribunal order. vii. Send a copy of this judgment to the trial Court. viii. No order as to costs. ix. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 2 Sl No.: 24