- 1 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.42 OF 2024 (MV-D) BETWEEN: 1. SOWMYA J. S., W/O. LATE RAMESH V. S., AGED ABOUT 24 YEARS, 2. LOKITH V. R., S/O. LATE RAMESH V.S., AGED ABOUT 10 YEARS, SINCE APPELLANT IS MINOR REP BY HER MOTHER, 1ST APPELLANT NATURAL GUARDIAN, 3. SHARADA, W/O SHIVEGOWDA, AGED ABOUT 46 YEARS, ALL ARE R/O. VENKATAPURA, KAVALU MUDUDI POST, GANDASI HOBLI, ARASIKERE TALUK HASSAN DISTRICT, DIST. C/O. C. R. KRISHNEGOWDA, CHANNAPATNA, HASSAN - 573 201. …APPELLANTS (BY SMT. SHARADAMBA A. R., ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 AND: 1. BEERESHA, S/O. GUNDAPPA. MAJOR, NEAR GANESHA TEMPLE, KONANAKUNTE, BENGALURU - 560 062. 2. THE MANAGER, H.D.F.C. IRIGO GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, NO.11O, H. M. GANEVA HOUSE, CUNNINGHAM ROAD, BENGALURU - 560 052. …RESPONDENTS (BY SRI. N.A. MALLIKARJUNA REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 07.03.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2023 PASSED IN MVC NO.593/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT, HASSAN, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 ORAL JUDGMENT Heard Smt.Sharadamba.A.R, learned counsel for the appellants as well as Sri.Mallikarjuna Reddy who represents Sri.Pradeep.B, learned counsel on record for respondent No.2. 2. Projecting that they are entitled to a higher sum as compensation the claimants in MVC No.593/2021 which was dealt with by the Additional Motor Accident Claims Tribunal, Hassan and was disposed of through order dated 30.10.2023 are before this Court seeking enhancement of compensation. 3. The first appellant in the capacity of the wife, the second appellant in the capacity of a minor son and the third appellant in the capacity of a mother of the deceased Ramesh (herein after be referred to as 'the deceased' for brevity) who died in a road traffic accident that occurred on 26.08.2020 filed a petition seeking compensation of Rs.45,00,000/- in total. The Tribunal - 4 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 through the impugned order awarded a sum of Rs.17,64,064/- as compensation and aggrieved by the same, the present appeal is filed. 4. Learned counsel for the appellants submits that the deceased as a caterer was earning Rs.22,000/- p.m. apart from earning Rs.2,00,000/- p.a. from agriculture. However, the Tribunal took the notional income of the deceased as Rs.13,000/- p.m. only. Learned counsel contends that the accident occurred in the year 2020 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.14,500/- p.m. for settlement of claims and atleast the said figure should have been considered by the Tribunal. Learned counsel also states that the Tribunal did not add future prospects as laid down under law. Learned counsel also submits that the Tribunal failed to award justifiable sum as compensation under the head loss of consortium. Learned counsel ultimately seeks for enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 5. Learned counsel who represents respondent No.2 failed to state any reason as to why future prospects was not added by the Tribunal. A perusal of record reveals that the Tribunal awarded a sum of Rs.16,64,064/- under the head loss of dependency, Rs.40,000/- in toto under the head loss of consortium, Rs.15,000/- under the head loss of estate and Rs.15,000/- towards funeral expenses. 6. The appellants failed to produce substantive proof with regard to the occupation and earnings of the deceased as on the date of accident. However, considering the submission that is made by the learned counsel for the appellants, this Court is of the view that the notional income of the deceased is required to be taken as Rs.14,500/- p.m. It is not in dispute that the deceased was aged about 34 years by the date of accident. Therefore, as per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, 40% of the earnings is required to be added towards - 6 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 future prospects. Also as per the decision of the Hon'ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104, the appropriate multiplier to be applied is ‘16’. Further as the dependents are three in number, 1/3rd of the actual earnings is required to be deducted towards personal and living expenses which the deceased would have incurred for himself had he been alive. Thus the compensation which the appellants are entitled to under the head of loss of dependency is as under: Notional monthly income Rs.14,500/- Annual income Rs.1,74,000/- Add 40% towards future prospects Rs.2,43,600/- On deduction of 1/3rd towards personal and living expenses Rs.1,62,400/- Loss of dependency, on applying appropriate multiplier '16' Rs.25,98,400/- 7. Thus the appellants are entitled to a sum of Rs.25,98,400/- under the head loss of dependency. Also appellant No.1 being the wife of the deceased is entitled to - 7 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 Rs.44,000/- towards loss of spousal consortium, appellant No.2 being the son of the deceased is entitled to Rs.44,000/- under the head loss of parental consortium and appellant No.3 being the mother of the deceased is entitled to Rs.44,000/- under the head loss of filial consortium. Also the appellants are entitled to Rs.15,000/- under the head loss of estate and Rs.15,000/- for funeral expenses. 8. Thus, the total amount which the appellants are entitled to is as under: Sl. No Description Amount 1 Loss of dependency Rs.25,98,400 2 Loss of spousal consortium Rs.44,000 3 Loss of parental consortium Rs.44,000 4 Loss of filial consortium Rs.44,000 5 Loss of estate Rs.15,000 6 Funeral expenses Rs.15,000 Total Rs.27,60,400 - 8 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 9. Thus the appellants are entitled to a sum of Rs.27,60,400/- as compensation. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Hassan through orders in MVC No.593/2021 dated 30.10.2023 is enhanced from Rs.17,64,064/- to Rs.27,60,400/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) 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. - 9 - HC-KAR NC: 2025:KHC:28540 MFA No. 42 of 2024 (vi) On such deposit, the appellant Nos.1 and 3 are permitted to withdraw their respective share immediately. (vii) The share of appellant No.2 shall be kept in fixed deposit in any nationalized bank until he attains the age of majority. On his attaining the age of majority, appellant No.2 is permitted to withdraw the deposited amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 36