- 1 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3193 OF 2017 (MV-D) BETWEEN: SMT KADURAMMA W/O LATE THIPPESWAMY AGED ABOUT 42 YEARS R/A HALAGALADDI POST HIRIYUR HOBLI CHITRADURGA DISTRICT – 577546. NOW R/A C/O THIPPESWAMY SRIDEVI KRUPA, 5TH MAIN, 2ND CROSS, NRUPATHUGNA EXTENSION, JAYANAGAR WEST EXTENSION, TUMKUR. APPELLANT (BY SRI. JAYKUMAR J.,ADVOCATE) AND: 1. HANUMANTHARAYAPPA S/O GOWDA HANUMAPPA AGED ABOUT 54 YEARS R/A HALAGALADDI POST HIRIYUR TALUK CHITRADURGA DISTRICT – 577546. 2. UNITED INDIA INSURANCE CO LTD DIVISIONAL OFFICE, JAYADEVA COMPLEX BH ROAD, TUMKUR, POLICY ISSUED AT DIVISIONAL OFFICE NO.34/3, MMK COMPLEX AKKAMAHADEVI ROAD PJ EXTENSION DAVANAGERE-577002. RESPONDENTS (BY SRI. SV HEGDE MULKHAND.,ADVOCATE FOR R2; Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2013 PASSED IN MVC NO.106/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-10 AT TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR FINAL SUBMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 26.03.2013 passed in MVC.No.106/2012 by the Principal Senior Civil Judge and MACT-10, Tumkur2 seeking for enhancement of the quantum of compensation. 2. The Tribunal vide its judgment and award dated 26.03.2013 partly allowed the claim petition and awarded a total compensation of `3,00,000/- together with interest at 6% per annum from the date of petition till the date of payment. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect adjudicated upon in the present appeal is with regard to adequacy of the quantum of compensation awarded by the Tribunal. 4. The deceased was aged 18 years as on the date of the accident i.e., on 30.12.2011. The claimant is the mother of the deceased. The Tribunal, noticing the age of the mother of the deceased as 38 years has applied the multiplier of ‘15’. The multiplier adopted by the Tribunal is erroneous and age of the deceased ought to be taken into consideration for the purpose of ascertaining the multiplier. Accordingly, having regard to the age of the deceased the multiplier to be applied is ‘18’. 5. It was averred that the claimant was the student studying Pre-University Course (PUC) and doing coolie work after college hours, earning `200/- per day. However, no documents have been produced to demonstrate his income. Accordingly, the Tribunal has assessed the income of the deceased at `3,000/- per month. Since the claimant has not produced any documents to demonstrate the income of the - 4 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 deceased, having regard to the date of the accident, the notional income of the deceased is re-assessed as `6,500/- per month. 6. 40% is required to be added towards future prospects in terms of the judgment of the Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LTD V/S PRANAY SETHI AND ORS3 and 1/2 is required to the deducted towards personal expenses since, the deceased was a bachelor. Accordingly, the loss of dependency is re- assessed as (6500 + 40% - 1/2 X 12 X 18) =`9,82,800/- as against `2,70,000/- awarded by the Tribunal. 7. Loss of consortium is required awarded in terms of the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY V/S NANU RAM ALIAS CHUBRU RAM AND ORS4, to the claimant at `40,000/- together with escalation at 20%. Accordingly, the compensation of `48,000/- is awarded towards the same. 3 “(2017)16 SCC 680” 4 “(2018)18 SCC 130” - 5 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 8. Loss of estate and funeral expenses is required to be awarded at `15,000/- each together with escalation at 20%. Accordingly, the compensation of `18,000/- each is awarded towards the same as against `10,000/- each awarded by the Tribunal. 9. Since the compensation has been awarded towards loss of consortium, the compensation awarded by the Tribunal towards loss of love and affection is set aside. 10. In view of the aforementioned, the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Loss of dependency 270000.00 982800.00 2 Loss of love and affection 10000.00 00.00 3 Loss of consortium 00.00 48000.00 3 Loss of estate 10000.00 18000.00 4 Transportation and funeral expenses 10000.00 18000.00 Total 300000.00 1066800.00 - 6 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 11. Accordingly, the claimant is entitled to an enhanced compensation of (`10,66,800/- - `3,00,000/-) = `7,66,800/-. 12. Having regard to the order dated 03.07.2025 passed in the present appeal, the claimant shall not be entitled for interest for the delayed period of 1389 days. 13. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 26.03.2013 passed in MVC.No.106/2012 by the Principal Senior Civil Judge and MACT-10, Tumkur, is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to further a compensation of `7,66,800/- together with interest at 6% per annum from the date of petition till its realization, except for the delayed period of 1389 days, in addition to the compensation awarded by the Tribunal; iv) Insurer (Respondent No.2 before the Tribunal and respondent No.2 herein) shall deposit the enhanced - 7 - HC-KAR NC: 2025:KHC:27207 MFA No. 3193 of 2017 compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant in terms of the judgment of the Tribunal; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. SD/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 28