- 1 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5515 OF 2024 (MV-D) BETWEEN: 1. INDRAJA W/O LATE MAHESH AGED ABOUT 24 YEARS 2. CHIKKIRAMMA W/O LATE CHIKKANNA AGED ABOUT 53 YEARS 3. DEEKSHA M D/O LATE MAHESH AGED ABOUT 4 YEARS APPELLANT NO.3 IS A MINOR REPRESENTED HER NATURAL GUARDIAN MOTHER 1ST APPELLANT ALL ARE RESIDING AT G.G. HATTI BOMMGUNDANAHALLI, ANANTHPUR, NOW RESIDING AT JYOTHINAGARA NEAR RESIDENCY PUBLIC SCHOOL SIRA TOWN - 572 137 …APPELLANTS (BY SRI. K. SHANTHARAJ, ADVOCATE) AND: 1. INFRA DEVELOPERS PRIVATE LIMITED., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 MR. B. VENKATESHULU NO.7/272 KAKUTHIEEYAR COURT ROAD, ANANTHPUR, ANDHRA PRADESH - 515 001. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, DOOR NO.203 AND 204, 1ST FLOOR, GNR HEIGHTS MAIN ROAD, NUSHIRABAD, HYDERABAD, TELANGANA - 500 020. SERVICE ADDRESS THE NEW INDIA ASSURANCE COMPANY LIMITED, BY ITS MANAGER BARLINE ROAD, OPP. SRIRAMA TEMPLE TUMAKURU - 572 101. …RESPONDENTS (BY SRI. ANUP SEETHARAMA RAO, ADVOCATE FOR SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R2; VIDE ORDER DATED 29.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2024 PASSED IN MVC NO. 695/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, SIRA, , 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:33712 MFA No. 5515 of 2024 ORAL JUDGMENT Heard Sri. Shantharaj.K learned counsel for the appellants who appears before this Court physically. Also heard Sri. Anup Seetharama Rao who appears through video conference and represents Sri. B.C.Seetharama Rao learned counsel on record for respondent No.2. 2. Projecting that the appellants are entitled for a higher sum as compensation than that awarded by the tribunal, the present appeal is filed. The appellants challenge the order that is rendered by the Additional Motor Accident Claims Tribunal, Sira in M.V.C. No. 695/2021 dated 18.01.2024. 3. Making his submission with regard to the merits of the matter, learned counsel for the appellant submits that the first appellant is the wife, second appellant is the mother and the 3rd appellant is the minor daughter of the deceased Mahesh who died in a road traffic accident. Learned counsel contends that the deceased Mahesh (hereinafter be referred to as 'deceased' for brevity) was working as Mason and was earning ₹30,000/- per month by the date of accident. However, the - 4 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 tribunal took the notional income of the deceased as ₹15,000/- per month erroneously. Learned counsel also contends that the appellants lost their breadwinner therefore the tribunal ought to have taken future prospects at the rate of 100%. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand learned counsel who represents respondent No.2 submits that the appellants failed to produce any proof with regard to the actual occupation and earnings of the deceased by the date of accident. Learned counsel submits that the tribunal has rightly took the notional income as ₹15,000/- per month which needs no interference. Learned counsel further submits that the tribunal added future prospects at the rate of 25% and in that regard, there may be modification. 5. As rightly contended, no substantial proof is produced in respect of the occupation and earnings of the deceased by the date of accident. The accident occurred in the year 2021. Therefore, the tribunal did not err in taking the notional income of the deceased as ₹15,000/- per month. So far as future prospects are concerned, as the deceased was aged about 28 - 5 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 years by the date of accident, as per the decision of the Hon'ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680 case, 40% of the earnings are required to be added towards future prospects. The dependents being 3 in number, 1/3 of the earnings are required to be deducted towards the personal and living expenses which the deceased would have incurred for himself had he been alive as per the decision of the Hon'ble Apex Court in Sarla Verma and Others vs. Delhi Transport Corporation and Another reported in 2009 SAR (Civ) 592. Also the appropriate multiplier to be applied as per the aforementioned decision is '17'. 6. With these parameters the compensation which the appellants are entitled to under the head loss of dependency is as under:- Heads Amount in Rs. Notional monthly income 15,000-00 Adding 40% towards future prospects 21,000-00 Annual Income 2,52,000-00 On deducting 1/3rd towards personal and living expenses 1,68,000-00 - 6 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 Loss of dependency, on applying appropriate multiplier '17' 28,56,000-00 7. The appellants are also entitled to a sum of ₹16,500/- towards loss of estate and ₹16,500/- towards funeral expenses. The first appellant being the wife of the deceased is entitled to ₹44,000/- towards loss of spousal consortium. The second appellant being the mother of the deceased is entitled to ₹44,000/- towards loss of filial consortium. The 3rd appellant being the daughter of the deceased is entitled to ₹44,000/- towards loss of parental consortium. Thus, the total sum which the appellants are entitled to as compensation is as under:- Heads Amount in Rs. Loss of dependency 28,56,000-00 Funeral expenses 16,500-00 Loss of estate 16,500-00 Loss of spousal consortium 44,000-00 Loss of filial consortium 44,000-00 Loss of parental consortium 44,000-00 Total 30,21,000-00 8. The Tribunal through the impugned order awarded a sum of ₹27,45,000/- as compensation. However, the justifiable sum which the appellants are entitled to is ₹30,21,000/-. Therefore, the appeal is disposed of with the following:- - 7 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 ORDER i. The appeal is allowed in part ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Sira through orders in M.V.C No.695/2021 dated 18.01.2024 is enhanced from ₹27,45,000/- to ₹30,21,000/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.2 is directed to deposit the enhanced sum within a period 08 weeks from the date of receipt of certified copy of this order. v. The apportionment made by the tribunal applies to enhanced sum as well. vi. Appellants No. 1 and 2 are permitted to withdraw their respective shares on deposit. vii. The amount that falls to the share of appellant No. 3 shall be kept in any interest yielding - 8 - HC-KAR NC: 2025:KHC:33712 MFA No. 5515 of 2024 fixed deposit scheme of any nationalised bank till she attains the age of majority. viii. On her attaining the age of majority, she is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 13 CT: BHK