- 1 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.3381 OF 2020(MV-D) BETWEEN: 1. C. S. DINAKAR D/O. LATE K. V. SANJIVAIAH AGED ABOUT 57 YEARS 2. SARASWATHI H. S. W/O. C. S. DINAKAR AGED ABOUT 47 YEARS 3. SREELAKSHMI D/O. C. S. DINAKAR AGED ABOUT 23 YEARS ALL ARE R/AT HUDIHU BEEDI CHIKKANAYAKANAHALLI TUMKUR DISTRICT - 572 214 …APPELLANTS (BY SRI USHA S. M., ADVOCATE) AND: 1. RAMACHANDRAIAH S/O. DODDANARASAIAH AGED ABOUT 40 YEARS R/AT NARASIMHA KRUPA 1ST CROSS, VIDHYANAGAR TUMKUR - 572 214 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 2. UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE 5TH FLOOR, KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU - 560 027 3. MR. RAMESHWAR PRASAD JAT S/O. ISWAR RAR JAT SHIVASINGHPURA VILLAGE THE SHAHAPURA, JAIPUR RAJASTHAN - 303 103 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R-2; R3-RAMESHWAR PRASAD JAT - SERVED, VIDE ORDER DATED 18.06.2025; NOTICE TO R1-RAMACHANDRAIAH IS HELD SUFFICIENT BY WAY OF PAPER PUBLICATION) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.04.2019 PASSED IN MVC NO.3768/2018 ON THE FILE OF THE XXI ACMM AND XXIII ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard the learned counsel for the appellants and respondent - Insurance Company. 2. The present appeal is filed by the appellants- claimants seeking enhancement of compensation being aggrieved by the judgment and award passed by the Motor Vehicle Accident claims Tribunal, XXI ACMM, & XXIII Additional Small Causes Judge, Bengaluru (for short 'the Tribunal') in MVC No.3768/2018 dated 12.04.2019. 3. For the sake of convenience, the parties are henceforth referred to in terms of their status before the Tribunal. 4. Shashank D., son of claimant Nos.1 and 2 and brother of claimant No.3 died in a road accident on 26.07.2017 due to rash and negligent driving of the driver of the KSRTC Bus bearing registration No.KA-06F-928. The deceased was pursuing Bachelor of Engineering course in a private college and was in second semester. The claimants have filed a claim petition under Section 166 of the Motor Vehicle Act seeking - 4 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 compensation of Rs.60,00,000/- on account of death of Shashank D., in a road accident. 5. The Tribunal had framed the following issues for consideration: "i. Whether the petitioners prove that they are the legal heirs of the deceased Shashank D? ii. Whether the petitioners prove that Shashank D was died on account of RTA took place near St. Joseph School, Mallasandra Village, Kasaba Hobli, Tumkur Taluk, due to rash and negligent driving of the driver of tipper Lorry bearing Reg.No.KA-01-D-0146 dated 26.07.2017 at about 7.45 p.m.,? iii. Whether the petitioners are entitled for compensation? If so, how much and from whom payable. iv. What Order or Award?" 6. The Tribunal had considered the income of the deceased at Rs.9,000/- and added 40% future prospects and thereafter deducted 50% of the said amount towards his 'personal expenses' and thus, 'loss of dependency' was assessed at Rs.13,60,800/-. The Tribunal awarded Rs.1,00,000/- towards 'loss of consortium' and a sum of Rs.15,000/- towards 'funeral and transportation expenses' and Rs.15,000/- towards 'loss of estate'. - 5 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 7. Learned counsel for the appellant has submitted that the Tribunal has taken notional income of the deceased at Rs.9,000/- which is meager considering the prospects of the deceased earning substantial sum after he could have passed out from the college and completed his B.E.degree. It is further submitted that deceased was the only son of his parents who lost his life in fatal accident caused due to rash and negligent driving by the driver of the offending bus/vehicle. It is further submitted that the Tribunal has not granted adequate compensation in respect of conventional heads and therefore, loss of dependency has to be re-assessed by taking the income of the deceased at Rs.40,000/-. 8. On the other hand, Smt. Geetha Raj, learned counsel for the respondent-Insurance Company submitted that the deceased was pursuing B.E. degree in a private college, and he was student of second semester. The prospects of getting good employment of engineering students coming out from a private college are not bright in the present scenario. She further submits that the notional income taken by the Tribunal was correct, however, she has left it to the discretion of this - 6 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 Court to take appropriate notional income for re-assessing the loss of dependency. 9. Having considered the rival submissions and also taken into account the education of deceased, BE course which he was pursuing, we deem it appropriate to take notional income of the deceased at Rs.20,000/- and thus, loss of dependency is re-assessed as under: Rs.20,000 + Rs.8,000(40%) = Rs.28,000/- Rs.28,000 – Rs.14,000(50%) = Rs.14,000/- Rs.14,000 x 12 x 18 = Rs.30,24,000/- as against Rs.13,60,800/- awarded by the Tribunal. 10. In view of the judgment of Hon'ble Apex Court in the case of NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680, the claimants are entitled to Rs.40,000/- each towards ‘loss of consortium’. The claimants are parents and sister and hence, they are entitled to compensation of Rs.1,20,000/- under the head ‘loss of consortium’ and Rs.15,000/- towards ‘loss of estate’ and Rs.15,000/- for ‘funeral expenses’. - 7 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 11. Thus, the claimants are entitled for the following compensation: 12. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled to a total compensation of Rs.31,74,000/- as against Rs.14,90,800/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its realization. iii. The respondent – Insurance Company is directed to deposit the additional compensation amount with interest HEADS Rs. Loss of dependency 30,24,000.00 Loss of consortium 1,20,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 TOTAL 31,74,000.00 Less: Compensation awarded by the Tribunal 14,90,800.00 ENHANCED COMPENSATION 16,83,200.00 - 8 - HC-KAR NC: 2025:KHC:44027-DB MFA No. 3381 of 2020 as directed within a period of eight weeks from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. v. Draw modified award accordingly. vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. In view of the disposal of the appeal, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 10