- 1 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 104045 OF 2016 (MV-D) BETWEEN: 1. SMT. S.B. PRAMILAMMA S/O LATE SHIVARAMA REDDY, 39 YEARS, HOUSE WIFE, 2. N.V. YEKANTHA REDDY S/O LATE VEERA REDDY, 41 YEARS, 3. N.B. VEERA REDDY S/O LATE SASANNA @ BASAPPA, 66 YEARS, 4. SMT. N.V. THIPPAMMA W/O VEERA REDDY, 61 YEARS, ALL ARE R/O: KEREKONDAPUR VILLAGE, TQ. MOLAKALMURU, DIST. CHITRADURGA, NOW R/O: SANGANAKAL ROAD, NEAR TIRUMALA NAGAR, BALLARI. …APPELLANTS (BY SRI. MANJUNATHA G. PATIL, ADV) AND: 1. VEERESH KUMBARA S/O SOMAPPA, 25 YEARS, DRIVER OF THE LORRY BEARING REG. NO.KA-01/AC-3458, MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 R/O: HANDRAL VILLAGE, TQ. MUDDEBIHAL, DIST. VIJAYAPURA. 2. SHAFIULLA S/O MUSTAFA, 43 YEARS, OWNER OF THE LORRY BEARING REG. NO.KA-01/AC-3458, R/O: #22/1, 2ND CROSS, 3RD MAIN, NEW TARAGAPET, BENGALURU. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., PARVATHI NAGAR, BALLARI. …RESPONDENTS (BY SRI. RAJASHEKHAR S ARANI, ADV FOR R3, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGEMENT AND AWARD DATED 13.06.2016 PASSED IN MVC 314/2015 ON THE FILE OF THE MACT-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF THE COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 ORAL JUDGMENT This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act, 1988” for short) by the petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal in the judgment and award dated 13.06.2016, passed in MVC No.314/2015 by the learned Motor Accidents Claim Tribunal-II, Ballari (hereinafter referred to as the ‘Tribunal’ for short). 2. Brief facts, leading rise to the filing of these appeals, are as follows: On 24.12.2014, at about 5.00 p.m., the deceased Shivarama Reddy was proceeding on the bicycle from his village towards Rampur for getting the waste water. When he was proceeding near Rampura bus stand, the driver of the lorry bearing Reg.No.KA-01/AC-3458 came from Challakere side, in a rash and negligent manner, and dashed to the bicycle. Due to the said impact, the deceased - 4 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 fell and sustained grievous injuries. During treatment, he succumbed to the injuries. Thus, the legal representatives of the deceased Shivarama Reddy filed a claim petition under Section 166 of the M.V.Act seeking compensation. 3. The driver of the lorry filed a statement of objections denying the averments made in the claim petition. It is contended that the he was possessing a valid and effective driving license as of the date of the accident, and prays to dismiss the claim petition against the driver of the offending vehicle. 4. The owner of the offending vehicle filed the statemen of objections denying the claim petition averments. It is contended that as of the date of accident, the offending vehicle was insured with the insurance company and the policy was in effect. Hence, prays to dismiss the claim petition against him. 5. The Insurance Company filed a statement of objections denying the averments made in the claim - 5 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 petition. It is contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company. 6. The Tribunal, based on the pleadings of the parties framed the relevant issues. 7. To substantiate their case, petitioner No.1 was examined as P.W.1, and marked 17 documents as Exs.P1 to P17. Conversely, the respondents before the Tribunal did not lead any oral evidence, however, marked one document as Ex.R1 with consent, i.e., the Insurance Policy. The Tribunal, after assessing the verbal and documentary evidence allowed the claim petition in part, and awarded a compensation of Rs.8,80,000/- with interest at the rate of 6% p.a. from the date of the petition till its realisation. It is held that respondent Nos.1 to 3 are jointly and severally liable to pay the entire compensation to the petitioners. The claim petition against petitioner No.2 was dismissed. The - 6 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed this Miscellaneous First Appeal. 8. Heard the arguments of the learned counsel for the petitioners, and the learned counsel for the Insurance Company. 9. Learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. Hence, he prays to allow the appeal. 10. Per contra, learned counsel for the Insurance Company supports the impugned judgment and award passed by the Tribunal. He submits that the compensation awarded by the Tribunal is just and proper, and prays to dismiss the appeal. 11. Perused the records and considered the submissions of the learned counsel for the parties. The point that would arise for consideration is regarding the quantum of compensation. - 7 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 Reg. Quantum of compensation: 12. There is no dispute that Shivarama Reddy died due to the injuries sustained in the road traffic accident. The petitioners have contended that the deceased Shivarama Reddy was an agriculturist and had a milk vending business, and was earning Rs.3,00,000/- p.a. The petitioners have not produced any document to prove the income of the deceased. In the absence of proof of income, the notional income must be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,500/- p.m., as the accident occurred in 2014. In addition to it, 25% towards the future prospects has to be added, as per the proposition laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED VS PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680, which comes to Rs.9,375/-. The deceased was about 42 years old, as of the date of the accident, and 1/3rd of his income must be deducted towards his personal expenses, which comes to - 8 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 Rs.6,250/- (Rs.9,375/- less Rs.3,125/-). The multiplier applicable to the age group is ‘14’. Thus, the petitioners are entitled to a compensation of Rs.10,50,000/- (Rs.6,250/-x 12 x 14) under the head loss of dependency. There are three dependants, and they are entitled to a compensation of Rs.1,44,000/- (Rs.48,000/- x 3) under the head loss of consortium, Rs.36,000/- under the head funeral expenses and loss of estate. 13. Thus, the petitioners are entitled to a total compensation, which is as follows: Particulars Compensation amount in (Rs.) Loss of dependency (Rs.6,250/-x 12x 14) 10,50,000/- Loss of consortium (Rs.48,000/- x 3) 1,44,000/- Funeral expenses and loss of Estate 36,000/- Total 12,30,00/- Compensation awarded by the Tribunal 8,80,000/- Enhanced compensation 3,50,000/- - 9 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 14. Thus, the petitioners are entitled to a total compensation of Rs.12,30,000/- as against Rs.8,80,000/- awarded by the Tribunal, with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. 15. In view of the above discussion, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and the award dated 13.06.2016 passed in MVC No.314/2015 by the learned Motor Accidents Claim Tribunal-II, Ballari, is hereby modified. iii) The petitioners are entitled to a total compensation of Rs.12,30,000/- as against Rs.8,80,000/- awarded by the Tribunal, with interest at the rate of 6% p.a. from the date of the petition till realisation. iv) The Insurance Company is directed to deposit the compensation amount with interest within 8 - 10 - HC-KAR NC: 2025:KHC-D:12090 MFA No. 104045 of 2016 weeks from the date of receipt of a certified copy of this judgment. v) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 33