- 1 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102575 OF 2023 (MV-D) BETWEEN: 1. SMT. PARVEEN BANU W/O. LATE K. SADDAM HUSSAIN @ SADDAM, AGE: 30 YEARS, OCC: HOUSEHOLD, 2. KUMAR K. MOHAMMED ARMAN, S/O. LATE K. SADDAM HUSSAIN @ SADDAM, AGE: 10 YEARS, 3. KUMAR MOHAMMED SAFIYAN, S/O. LATE K. SADDAM HUSSAIN @ SADDAM, AGE: 08 YEARS, 10 MONTHS MINOR, 4. SMT. K. FATIMABI W/O. LATE MEHABOOB @ MABUSAB @ MEHABOOB PEER, AGE: 26 YEARS, OCC: HOUSEHOLD, 5. NAZMA W/O. KHADAR BHASHA, AGE: 48 YEARS, R/O. NEAR IDGA ROAD, NATRAJ COLONY, WARD NO.11, SINDHANOOR, DIST: RAICHUR-584128, NOTE: APPELLANT/PETITIONER NO.2 AND 3 BEING MINORS U/G OF THEIR NATURAL GUARDIAN MOTHER SMT. K. PARVEEN BANU, I.E., APPELLANT/PETITIONER NO.1 R/O. 24TH WARD, HELAVARA ONI, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 OPP. AMBEDKAR SCHOOL, HOSAPETE, TALUK: HOSAPETE, DIST: BELLARY-583201. …APPELLANTS (BY SRI. AMAREGOUDA M., ADVOCATE) AND: 1. KANAKARAJ S/O. HANAMAPPA DASAR, AGE: 30 YEARS, OCC: DRIVER OF LORRY BEARING NO.KA-31/3975, R/O. AHAMPUR, TQ: SINDHANUR, DIST: RAICHUR-584128. 2. NIRANJAN S. KAMAT S/O. SUDHAKAR KAMAT, AGE: 47 YEARS, OCC: OWNER OF THE LORRY BEARING NO.KA-31/3975, R/O. MARIGUDI BAZAR, SIRSI (UTTARA KANNADA)-581401. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., YALAMANCHALI COMPLEX, STATION ROAD, HOSAPETE, TQ: HOSAPETE, DIST: BELLARY-583201. …RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R3; NOTICE TO R1 & R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.07.2021 PASSED BEFORE IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT KOPPAL M.V.C. NO.417/2016 AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.M.Amaregouda learned counsel for the appellants as well as Sri.S.S.Koliwad learned counsel for respondent No.3. 2. The claimants in M.V.C. No.417/2016 that stood pending before the Additional Motor Accident Claims Tribunal, Koppal (hereinafter referred to as ‘the Tribunal’ for brevity) and was disposed of through order dated 31.07.2021 are before this Court seeking enhancement in compensation. 3. The first appellant being the wife, appellants No.2 and 3 being the minor children, appellant No.4 being the mother (age wrongly mentioned in the claim petition as well as in memorandum of appeal as submitted by the learned counsel for appellants) and appellant No.5 being the - 4 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 sister of the deceased K.Saddam Hussain (hereinafter referred to as ‘the deceased’ for brevity) filed a petition claiming compensation of Rs.23,00,000/- in total. The Tribunal through impugned order awarded a sum of Rs.16,49,400/- as compensation. Projecting that the sum thus awarded is grossly low, the present appeal is filed. 4. Arguing the matter, learned counsel for the appellants, submits that by doing coolie work the deceased was earning Rs.15,000/- per month and was contributing the same for the welfare of the appellants. The Tribunal however took the notional income of the deceased as Rs.7,000/- per month and awarded grossly lower amount towards ‘loss of dependency’. Learned counsel submits that the accident occurred in the year 2016 and for the relevant period even the High Court Legal Services Committee, Dharwad Bench, is taking the notional income as Rs.8,750/- per month for settlement of claims and at least said figure should have been adopted by the Tribunal. Learned counsel thereby seeks for enhancement in compensation. - 5 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 5. Learned counsel for respondent No.3 submits that the Tribunal rightly concluded that appellants 1 to 4 can only be taken to be the dependants of the deceased and thereby deducted 1/4th of the earnings of the deceased towards personal and living expenses and the same should be retained. Learned counsel did not raise any serious objection regarding the submission made by learned counsel for the appellants in respect of notional income to be taken. 6. Having considered the submission made by learned counsel for the appellants, which appears justifiable, this Court is of the view that the notional income of the deceased is required to be taken as Rs.8,750/- per month. Having taken the notional income of the deceased as Rs.8,750/- per month and without disturbing other parameters i.e. adding 40% towards future prospects, deducting 1/4th of the earnings towards personal and living expenses which the deceased would have incurred for himself had he been alive and applying the appropriate - 6 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 multiplier 17, the compensation which appellants 1 to 4 are entitled to receive under the head ‘loss of dependency’ is as under: Notional monthly income Rs.8,750.00 Annual income (Rs.8750x12) Rs.1,05,000.00 On adding 40% towards future prospects Rs.1,47,000.00 On deducting 1/4th towards personal and living expenses Rs.1,10,250.00 Loss of dependency, on applying appropriate multiplier 17 Rs.18,74,250.00 7. Thus appellants 1 to 4 are entitled to a sum of Rs.18,74,250/- as compensation towards ‘loss of dependency’. 8. Together with the said amount, appellants are entitled to Rs.15,000/- towards ‘funeral expenses’ and Rs.15,000/- towards ‘loss of estate’. The first appellant being the wife of the deceased is entitled to Rs.40,000/- towards ‘loss of spousal consortium’, appellants 2 and 3 being the children of the deceased are entitled to Rs.40,000/- towards ‘loss of parental consortium’ and the fourth appellant being the mother of the deceased is - 7 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 entitled to Rs.40,000/- towards ‘loss of filial consortium’. Thus the total compensation which the appellants are entitled to receive is as follows: Loss of dependency Rs.18,74,250.00 Funeral Expenses Rs.15,000.00 Loss of estate Rs.15,000.00 Loss of spousal consortium Rs.40,000.00 loss of parental consortium Rs.40,000.00 loss of filial consortium Rs.40,000.00 Total Rs.20,24,250.00 9. The Tribunal through the impugned order awarded a sum of Rs.16,49,400/- as compensation. However, in the light of the aforementioned discussion, it is clear that they are entitled to a sum of Rs.20,24,250/- as compensation. Thus the enhancement is Rs.3,74,850/- (20,24,250 – 16,49,400). Thus the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. - 8 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Koppal through orders in MVC No.417/2016 dated 31.07.2021 is enhanced by Rs.3,74,850/-. 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.3 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v. Out of the deposited amount, the first appellant being the wife of the deceased is entitled to Rs.1,50,000/-, appellants No.2 to 4 are entitled to a sum of Rs.65,000/- each and appellant No.5 is entitled a sum of Rs.29,850/-. - 9 - HC-KAR NC: 2025:KHC-D:13779 MFA No. 102575 of 2023 vi. On deposit, appellants 1, 4 and 5 are permitted to withdraw their respective shares along with their share of interest. The amount that falls to the share of appellants No.2 and 3 shall be kept in fixed deposit in any interest yielding fixed deposit scheme of any nationalized bank, till they attain the age of majority. On they attaining the age of majority, are permitted to withdraw their respective shares along with accrued interest. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH,GAB CT-MCK List No.: 1 Sl No.: 49