- 1 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100347 OF 2022 (MV-D) BETWEEN: 1. SMT. SURAYYA W/O. AKBARASAB HESARUR, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O. SHIRAHATTI, TQ AND DIST: GADAG-582120. 2. ASHIT D/O. AKBARASAB HESARUR, AGE: 27 YEARS, OCC: NIL, R/O. SHIRAHATTI, TQ AND DIST: GADAG-582120. 3. ARIF AHMAD S/O. AKBARASAB HESARUR, AGE: 25 YEARS, OCC: NIL, R/O. SHIRAHATTI, TQ AND DIST: 582120. 4. ALTAF S/O. AKBARASAB HESARUR, AGE: 24 YEARS, OCC: NIL, R/O. SHIRAHATTI, TQ AND DIST: GADAG-582120. 5. RIZAY S/O. AKBARASAB HESARUR, AGE: 23 YEARS, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 OCC: STUDENT, R/O. SHIRAHATTI, TQ AND DIST: GADAG-582120. …APPELLANTS (BY SRI GIRISH S. HULMANI, ADVOCATE) AND: 1. SRI. SHIVAPRASAD S/O. NAGENDRASA KABADI, AGE: MAJOR, OCC: BUSINESS, R/O. OLD BANASHANKARI ROAD, NEAR VENKATESH TEMPLE, BETAGERI, TQ AND DIST: GADAG-582102. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., BELLAD AUTO COMPOUND, NEAR BANNIGIDA BUS STOP, HUBBALLI-580021. …RESPONDENTS (BY SRI S.C. BHUTI, ADVOCATE FOR R2; NOTICE TO R1-SERVED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT 1988 PRAYING TO CALL FOR RECORDS FROM THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, GADAG AND MODIFY THE JUDGMENT AND AWARD PASSED BY LEARNED JUDGE IN M.V.C.NO.28/2015 DATED 5TH DAY OF SEPTEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR; COST OF THE APPEAL AND ETC., THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Girish S. Hulmani, learned counsel for the appellants as well as Sri S.C.Bhuti, learned counsel for respondent No.2. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Gadag in MVC 28 of 2015 dated 05.09.2019. The first appellant in the capacity of the wife, the second appellant being the daughter and the appellants 3 to 5 being the sons of the deceased Akbarasab Hesarur (hereinafter be referred to as ‘the deceased’ for brevity), filed petition claiming compensation projecting that their sole breadwinner died in a road traffic accident that occurred in the year 2014. The tribunal giving a finding that the first appellant, who is the wife of the deceased can only be considered to be the dependent of the deceased, awarded a sum of Rs.2,70,000/- in her favour. - 4 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 3. Arguing the matter, learned counsel for the appellants submits that the second appellant was unmarried and appellants 3 to 5 were pursuing their studies as on the date of accident. None of them were having independent source of income. But without considering the said fact, the tribunal held that they are not entitled for any compensation. Learned counsel also states that the deceased by doing business and agriculture was earning Rs.20,000/- per month as on the date of accident. However, the tribunal took the notional income of the deceased as Rs.6,000/- per month erroneously. Learned counsel states that the accident occurred in the year 2014 and for the relevant period even the High Court's Legal Services Committee, Dharwad Bench is taking the national income as Rs.7,500/- per month for settlement of claims and at least said figure should have been adopted by the tribunal. 4. Though learned counsel who represents respondent No.2 states that the compensation granted is justifiable yet - 5 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 did not raise any serious objection for taking the notional income as Rs.7,500/- per month. 5. No material is on record whatsoever to hold that appellants 2 to 5 have their own source of income. Appellant No.2 being an unmarried daughter and appellants 3 to 5 being students would naturally have been depending upon the earnings of the deceased as on the date of accident. Therefore this Court is of the view that they can also be considered to be the dependants of the deceased. Thus the dependants are five in number in total. Hence 1/4th of the earnings of the deceased are required to be deducted towards the personal and living expenses, which the deceased would have incurred for himself had he been alive, as per the decision of the Hon'ble Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and another1. Thus taking the notional monthly income as Rs.7,500/-, deducting 1/4th of the said income towards personal and living expenses and applying the appropriate multiplier ‘5’, the compensation 1 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 which the appellants are entitled to receive towards ‘loss of dependency’ is as under: Notional monthly income 7,500.00 Annual income 90,000.00 Deducting 1/4th towards personal and living expenses 67,500.00 Loss of dependency, on applying appropriate multiplier ‘5’ 3,37,500.00 6. Therefore it is clear that the appellants are entitled to a sum of Rs.3,37,500/- towards ‘loss of dependency’. The appellants are also entitled to a sum of Rs.18,000/- towards ‘medical expenses’, 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 to 5 being the children of the deceased are entitled to Rs.40,000/- towards ‘loss of parental consumption’. Thus the total amount which the appellants are entitled to receive as compensation is as under: Heads Amount in Rs. Loss of dependency 3,37,500.00 Medical expenses 18,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 Loss of spousal consortium 40,000.00 - 7 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 Loss of parental consortium Rs.40,000.00 Total 4,65,500.00 7. Thus the compensation which the appellants are entitled to receive in the light of the aforementioned discussion is Rs.4,65,500/-. 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, Gadag, through orders in MVC 28 of 2015 dated 05.09.2019 is enhanced from Rs.2,70,000/- to Rs.4,65,500/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 426 days as per orders in I.A.1/2021. (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. - 8 - HC-KAR NC: 2025:KHC-D:13907 MFA No. 100347 of 2022 (v) Out of the compensation granted, first appellant is entitled to a sum of Rs.2,65,500/- and the appellants 2 to 5 to a sum of Rs.50,000/- each. (vi) On deposit all the appellants are permitted to withdraw their respective shares. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 23