- 1 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 679 OF 2021 (MV-D) BETWEEN: 1. SMT. MANJULA W/O LATE BASAVANNA, AGED ABOUT 46 YEARS, 2. NISHCHITHA MALLESH B S/O BASAVANNA, AGED ABOUT 8 YEARS, BOTH ARE R/AT BACHANAHALLI VILLAGE, GUNDLUPET TALUK, NOW R/AT ASHWINI EST, GUNDLUPET DISTRICT - 57111 MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER APPELLANT NO.1, …APPELLANTS (BY SRI. VEERABHADRA SWAMY H.P, ADVOCATE) AND: 1. SRIKANTAPPA S/O NANJAPPA, AGE MAJOR, R/AT NO.26/3, SOMAHALLI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT - 57111. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DO J.L.B ROAD, CHAMUNDIPURAM CIRCLE, MYSORE - 570 009. …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE; VIDE ORDER DATED 07.12.2022, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.10.2020 PASSED IN MVC NO.319/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of the compensation amount awarded vide judgment and award dated 14.10.2020, in MVC No.319/2018, passed by the Senior Civil Judge and JMFC and MACT, Gundlupet (for short 'Tribunal'). - 3 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 2. The date of accident, involvement of vehicle, death of Late Basavanna in the motor vehicle accident and the liability to pay the compensation are not disputed; the only challenge is regarding the quantum of compensation awarded by the Tribunal. 3. Heard Sri Veerabhadra Swamy H.P, learned counsel appearing for the appellants and Sri A.N.Krishna Swamy, learned counsel appearing for respondent No.2- Insurance Company. Perused the entire appeal papers as well as trial Court record. 4. Sri Veerabhadra Swamy H.P, learned counsel appearing for the appellants vehemently submitted that though the Tribunal has rightly considered the pension of deceased at Rs.14,808/-, however, the Tribunal on considering the documents showing the land standing in the joint names of deceased Basavanna and others, took the agricultural income at Rs.2,200/- p.m., that too, for the year 2018. He seeks indulgence of this Court to consider the same on par with the income as fixed by the - 4 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 Karnataka State Legal Services Authority (for short ‘KSLSA’), even for an unskilled labourer at the rate of Rs.12,500/- p.m. and seeks to modify the judgment and award by enhancing the compensation. 5. Per contra, Sri A.N.Krishna Swamy, learned counsel appearing for respondent No.2 - Insurance Company with all vehemence submits that the deceased Basavanna was aged 63 years as on the date of death and he was drawing pension. The RTC produced at Ex.P-9 is the only document wherein the extent of land is shown as 5 Acres, 36 Guntas, and a dry land with no commercial crops. In these circumstances, the Tribunal properly appreciated the material on record and has taken the income from the agricultural land at Rs.2,200/- p.m. which is just and proper and the award passed by the Tribunal does not suffer any infirmities and does not call for any interference at the hands of this Court and accordingly, sought to dismiss the appeal. - 5 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 6. Having heard the learned counsel appearing for the parties and perused the record, the only question that arises for consideration of this Court is: "Whether the appellant has made out a case for enhancement?" 7. My answer to the above point for consideration is partly in the affirmative for the following reason: Though the RTC refers to only one survey number and extent of land at 5 Acres, 36 Guntas, which is in the joint names of deceased Basavanna and others. However, the agricultural operation and supervisory charges in the year 2018 have been taken by the Tribunal at the rate of Rs.2,200/- p.m. is very much meager. 8. Under these circumstances, this Court is of the opinion that if the same is taken at Rs.4,000/-p.m., it would meet the ends of justice. Accordingly, the income from the agriculture is taken at Rs.4,000/- p.m. and if it is added to the pensioner income i.e., Rs.14,808/- and the same comes to Rs.18,808/- p.m. The age of the deceased - 6 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 at the time of the accident was 63 years and as per the judgment of the Hon’ble Apex Court in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1, the appropriate multiplier applicable would be ‘7’. Further, if 1/3rd is deducted for towards personal expenses, the compensation under the head ‘LOSS OF DEPENDENCY’ is recalculated and quantified as follows: (Rs.18,808 – 1/3) 12,539 x 12 x 7 =Rs.10,53,276/-) 9. As per the law laid down by the Hon'ble Apex Court in Magma General Insurance Company Limited Vs Nanu Ram alias Chuhru Ram and others2 the appellants / claimants are entitled for Rs.40,000/- each. Accordingly, there are two dependants and they are entitled for a sum of Rs.80,000/- (Rs.40,000 x 2) is awarded under the said head. Further, in view of the judgment of the Hon’ble Apex Court in the case of 1 2009 ACJ 1298 2 2018 ACJ 2782 - 7 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 RASMITA BISWAL & OTHERS vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER3, there shall be an enhancement of 10% on the conventional heads for every three years. The accident occurred during the year 2018, there shall be 20% escalation which works out to Rs.96,000/- (Rs.80,000 + 20%) towards ‘Loss Of Consortium / Filial Consortium’. 10. The compensation awarded by the Tribunal under the head ‘FUNERAL EXPENSES AND OBSEQUIES’ and ‘LOSS OF ESTATE’ at Rs.30,000/-, which is just and proper and does not require any interference. However, 10% + 10% escalation is awarded. Therefore, Rs.36,000/- (Rs.30,000 + 10% + 10%) is awarded under the said head. 11. In summary, the total compensation re- 3 (2022) 2 SC 767 - 8 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 determined by this Court under various heads is as follows: Sl.No. Particulars Amount in Rs. 1 Loss of dependency 10,53,276-00 2 Loss of consortium 96,000-00 3 Transportation of dead body and funeral expenses and towards loss of estate 36,000-00 Total 11,85,276-00 12. The total compensation re-determined by this Court works out to Rs.11,85,276/- as against Rs.10,62,000/- awarded by the Tribunal. Hence, the appellant-claimant is entitled for an additional compensation of Rs.1,23,276/- (Rs.11,85,276– Rs.10,62,000) along with interest at 6% per annum from the date of filing of the petition till realization. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation within Six Weeks from the date of receipt of the certified copy of this judgment. - 9 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 13. For the following reasons, I proceed to pass the following: ORDER i. The appeal is Allowed-in-part; ii. The judgment and award dated 14.10.2020, in MVC.No.319/2018, passed by the Senior Civil Judge and JMFC, MACT, Gundlupet is hereby modified; iii. The appellant-claimant is entitled for an additional compensation of Rs.1,23,276/- (Rs.11,85,276– Rs.10,62,000) along with interest at 6% per annum from the date of filing of the petition till. iv. The enhanced compensation supra shall be deposited by the respondent No.2- Insurance Company, within Six weeks from the date of receipt of a copy of this order. v. Upon deposit of the entire amount by respondent No.2-Insurance Company, 20% - 10 - HC-KAR NC: 2025:KHC:28100 MFA No. 679 of 2021 of the amount deposited shall be released in favour of appellant No.1 and the remaining 80% shall be deposited in FDR in any Nationalized Bank till appellant No.2 attains the age of majority with a renewable clause for another period of 3 years. vi. No order as to costs. Sd/- (T.M.NADAF) JUDGE CH List No.: 1 Sl No.: 6 CT: BHK