- 1 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 24638 OF 2013 (MV-D) BETWEEN: 1. NAVANATH S/O. RAMA HEDE AGED 59 YEARS, OCC: COOLIE, 2. SMT. SHAKUNTHALA W/O. NAVANATH HEDE, AGED 49 YEARS, OCC: HOUSEHOLD WORK, 3. MISS. VANDANA D/O. NAVANATH HEDE, AGED 23 YEARS, OCC : STUDENT, ALL ARE R/O. KASAGAON TALUK, SOLAPUR, NOW RESIDING AT KHALAGAON, TALUK: ATHANI, DIST: BELGAUM. …APPELLANT (BY SRI. G.N. NARASAMMANNAVAR, ADVOCATE FOR SRI. LOKESH MALAVALLI, ADVOCATE) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 AND: 1. MR. SUBHAS S/O. SHANKAR KOPARE, AGE: MAJOR, OCC: BUSINESS, R/O: B/7, BRAHAMA MAGISTIC, S.R. NO.15/1/2, KONDWA, K.H. TALUK, HAVERI, DIST: THANE-411048. 2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., BELGAUM. …RESPONDENTS (BY SRI. S.K. KAYAKMATH, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988 PRAYING TO ENHANCE THE COMPENSATION AWARDED BY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE FAST TRACK AT ATHANI IN MVC NO.157/2012 DATED 23-01-2013 BY MODIFYING THE IMPUGNED AWARD AND ALLOW THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri G.N.Narasammanavar, who represents Sri Lokesh Malavalli, learned counsel on record for the appellants as well as Sri S.K.Kayakamath, learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Athani, in MVC 157 of 2012 dated 23.01.2013. 3. The first appellant being the father, the second appellant being the mother and the third appellant being the sister of the deceased Balasaheb Navanath Hede (hereinafter be referred to as ‘the deceased’ for brevity), who died in a road traffic accident that occurred in the year 2011 filed a petition claiming compensation of Rs.11,00,000/- in total. The tribunal through the impugned award granted a sum of - 4 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 Rs.4,26,000/- as compensation. Projecting that they are entitled to a higher sum the present appeal is filed. 4. Arguing the matter learned counsel for the appellants submits that the deceased was aged around 20 years by the date of accident. Thus as per the decision of the Hon'ble Apex Court in the case of Sarla Verma and others vs. Delhi Transport Corporation and another1, the appropriate multiplier to be applied is ‘18’. However, considering the age of the second appellant, the tribunal applied multiplier ‘13’ which is improper. Learned counsel further submits that the compensation that is granted under conventional heads is also on lower side. Learned counsel thereby seeks for enhancement in compensation. 5. Learned counsel who represents respondent No.2 seeks the Court to dispose of the matter on merits. 6. It is not in dispute that the deceased was aged around 20 years by the date of accident. Therefore as rightly 1 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 contented by learned counsel for the appellants, considering the age of the deceased, the appropriate multiplier to be applied is ‘18’ as per the decision of the Hon'ble Apex Court in Sarla Verma's case. Also as per the decision of the Hon'ble Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi2, 40% of the earnings of the deceased are required to be added towards future prospects. Further as the deceased died as bachelor, 50% of the earnings of the deceased are required to be deducted towards personal and living expenses, which the deceased would have incurred for himself had he been alive. Notional income for the relevant period is taken as Rs.6,000/- per month, which figure is adopted by the High Court Legal Services Committee, Dharwad for settlement of claims. Therefore the compensation which appellants 1 and 2 are entitled to receive towards ‘loss of dependency’ is as under: Notional monthly income Rs.6000.00 Annual income Rs.72,000.00 2 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 On adding 40% towards future prospects Rs.1,00,800.00 On deducting 50% towards personal and living expenses Rs.50,400.00 Loss of dependency on applying appropriate multiplier ‘18’ Rs.9,07,200.00 7. Thus, it is clear that appellants 1 and 2 are entitled to a sum of Rs.9,07,200/- towards loss of dependency. Further, the appellants are entitled to Rs.10,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. Also appellants 1 and 2 are entitled to Rs.40,000/- towards loss of filial consortium. Therefore the total sum which the appellants are entitled to is as under: Heads Amount in Rs. Loss of dependency 9,07,200.00 Funeral expenses 10,000.00 Loss of estate 10,000.00 Loss of filial consortium 40,000.00 Total 9,67,200.00 8. The tribunal through the impugned order granted a sum of Rs.4,26,000/- only as compensation. However, the discussion that went on supra makes it clear that the appellants are entitled to a sum of Rs.9,67,200/- as - 7 - HC-KAR NC: 2025:KHC-D:14781 MFA No. 24638 of 2013 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 Motor Accident Claims Tribunal, Athani, through orders in MVC 157 of 2012 dated 23.01.2013 is enhanced from Rs.4,26,000/- to Rs.9,67,200/-. (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 of 8 weeks from the date of receipt of certified copy of this judgment. (v) Out of the total sum, the first appellant is entitled to Rs.4,00,000/-, the second appellant to Rs.5,00,000/- and the third appellant Rs.67,200/- (vi) On deposit, the appellants are permitted to withdraw their respective shares. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK: List No.: 1 Sl No.: 8