- 1 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 5289 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3442 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3443 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3444 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3445 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3446 OF 2016 (MV-I) IN MFA No. 5289/2016 BETWEEN: 1. SMT. K.N.MAHADEVI W/O LATE D L SRINATH, AGED ABOUT 38 YEARS 2. KUM NEHA REDDY D/O LATE D L SRINATH, AGED ABOUT 17 YEARS 3. KUM OOHA REDDY D/O LATE D L SRINATH, AGED ABOUT 16 YEARS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS SINCE APPELLANT NO 2 & 3 ARE MINORS REP BY GUARDIAN MOTHER, APPELLANT NO.1, ALL ARE R/AT MURALI LAYOUT, NEAR SHANKARA VIDYALAYA, OPP.TO RTO OFFICE, KOLAR-563 101. …APPELLANTS (BY SRI. PRUTHVIRAJ N M.,ADVOCATE) AND: 1. SRI. SAGAY RAJ S/O LATE JOSEPH, AGED 35 YEARS R/AT # LAKE C.B.LAYOUT, THAMBU CHETTY PALYA, VIRGO NAGAR (P) BANGALORE -49. 2. ICICI LOMBARD GENERAL INSURANCE CO.LTD., SUDHA COMMERCIAL COMPLEX, OPP:COFFEE CAFE DAY, RAJAJI NAGAR ENTERANCE, BANGALORE-10. 3. S P NISAR AHMED S/O PYARO SAAB, AGED ABOUT 42 YEARS ZAM ZAM ENTERPRISES, NEAR CLOCK TOWER, KOLAR-563 101. - 3 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 4. THE NEW INDIA ASSURANCE COMPANY LIMITED REP.BY ITS THE BRANCH MANAGER, OFF AT:BAGALUR MANSION, 2ND FLOOR,DODDA PET, KOLAR-563 101. …RESPONDENTS (BY SRI. B V ANANDA, ADVOCATE FOR R3; SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; SRI.C.R. RAVISHANKAR, ADVOCATE FOR R4 VIDE ORDER DATED 02.11.2017 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2016 PASSED IN MVC NO.7456/2008 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, & XXI ACMM, MACT, COURT OF SMALL CAUSES, BENGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3442/2016 BETWEEN: KUM NEHA REDDY D/O LATE D.L.SRINATH, AGED ABOUT 17 YEARS, SINCE APPELLANT IS MINOR ALSO MENTALLY DISABLED SHE IS REPRESENTED BY HER MOTHER NATURAL GUARDIAN, - 4 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS SMT K.N.MAHADEVI, W/O LATE D.L.SRINATH, AGED ABOUT 38 YEARS, BOTH R/AT MURALI LAYOUT, NEAR SHANKARA VIDYALAYA, OPP. TO RTO OFFICE, KOLAR-563101. ...APPELLANT (BY SRI. PRUTHVIRAJ N M.,ADVOCATE) AND: 1. SRI SAGAY RAJ S/O LATE JOSEPH, AGED 45 YEARS, R/AT # LAKE C.B.LAYOUT, THAMBU CHETTY PALYA, VIRGO NAGAR (P) BANGALORE-49. 2. ICICI LOMBARD GENERAL INSURANCE CO.LTD. SUDHA COMMERCIAL COMPLEX, OPP:COFFEE CAFE DAY, RAJAJI NAGAR ENTERNACE, BANGALORE-10. 3. S P NISAR AHMED S/O PYARO SAAB, AGED ABOUT 42 YEARS, ZAM ZAM ENTERPRISES, NEAR CLOCK TOWER, KOLAR-563101. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED - 5 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS REP. BY ITS THE BRANCH MANAGER, OFF AT:BAGALUR MANSION, 2ND FLOOR DODDA PET, KOLAR 563101. ...RESPONDENTS (BY SRI.A.N. KRISHNA SWAMY., ADVOCATE FOR R2; SRI. B.V. ANANDA, ADVOCATE FOR R3; SRI. C.R. RAVISHANKAR, ADVOCATE FOR R4; VIDE ORDER DATED 03.01.2023 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2016 PASSED IN MVC NO.7457/08 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3443/2016 BETWEEN: K.N.MAHADEVI W/O.LATE D.L.SRINATH, AGED ABOUT 38 YEARS R/AT MURALI LAYOUT NEAR SHANKARA VIDYALAYA, OPP. TO RTO OFFICE, KOLAR-563101. ...APPELLANT (BY SRI. PRUTHVI RAJ N M.,ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS AND: 1. SRI SAGAY RAJ S/O LATE JOSEPH AGED 41 YEARS R/AT # LAKE C B LAYOUT THAMBU CHETTY PALYA VIRGO NAGAR (P) BANGALORE-49. 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD SUDHA COMMERCIAL COMPLEX OPP: COFFEE CAFE DAY RAJAJI NAGAR ENTERANCE BANGALORE-10. 3. S P NISAR AHMED S/O PYARO SAAB AGED 50 YEARS ZAM ZAM ENTERPRISES NEAR CLOCK TOWER KOLAR-563101. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED REP. BY ITS THE BRANCH MANAGER OFF AT:BAGALUR MANSION 2ND FLOOR, DODDA PET KOLAR-563101. ...RESPONDENTS (BY SRI.A.N. KRISHNA SWAMY., ADVOCATE FOR R2; SRI. C.R. RAVISHANKAR, ADVOCATE FOR R4; NOTICE TO BE ORDERED IN R/O R1 & R3) - 7 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.1.2016 PASSED IN MVC NO.7458/2008 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3444/2016 BETWEEN: SMT SUNITHA W/O D L RAMESH AGED ABOUT 41 YEARS, R/AT VINAYA NILAYA, MURALI LAYOUT NEAR SHANKARA VIDYALAYA OPP TO RTO OFFICE KOLAR - 563101. ...APPELLANT (BY SRI. PRUTHVIRAJ N M.,ADVOCATE) AND: 1. SRI SAGAY RAJ S/O LATE JOSEPH AGED 41 YEARS R/AT # LAKE C B LAYOUT, THAMBU CHETTY PALYA, VIRGO NAGAR (P) BANGALORE - 49. 2. ICICI LOMBARD GENERAL INSURANCE CO LTD SUDHA COMMERCIAL COMPLEX, OPP COFFEE CAFE DAY, - 8 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS RAJAJINAGAR ENTERANCE BANGALORE - 10. 3. S P NISAR AHMED S/O PYARO SAAB, AGED ABOUT 44 YEARS ZAM ZAM ENTERPRISES NEAR CLOCK TOWER KOLAR - 563101. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED REP BY ITS THE BRANCH MANAGER, OFF AT BAGALUR MANSION 2ND FLOOR, DODDA PET, KOLAR - 563101. ...RESPONDENTS (BY SRI.A.N. KRISHNA SWAMY., ADVOCATE FOR R2; SRI. C.R. RAVISHANKAR, ADVOCATE FOR R4; VIDE ORDER DATED 14.07.2021 NOTICE TO R1 & R3 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.1.2016 PASSED IN MVC NO.7461/2008 ON THE FILE OF THE 23RD ADDITIONAL SMALL CAUSES JUDGE, 21ST ACMM, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 9 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS IN MFA NO. 3445/2016 BETWEEN: KUM CHARULATHA D/O D.L.RAMESH AGED ABOUT 18 YEARS SINCE APPELLANT IS MINOR REPRESENTED BY HER MOTHER NATURAL GUARDIAN SMT. SUNITHA W/O D.L.RAMESH, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT MURALI LAYOUT NEAR SHANKARA VIDYALAYA OPP TO RTO OFFICE, KOLAR-563101. ...APPELLANT (BY SRI. PRUTHVI RAJ N M.,ADVOCATE) AND: 1. SRI SAGAY RAJ S/O LATE JOSEPH, AGED 35 YEARS R/AT #LAKE C.B.LAYOUT THAMBU CHETTY PALYA VIRGO NAGAR (P) BANGALORE-49. 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., SUDHA COMMERCIAL COMPLEX, OPP: OFFICE CAFE DAY RAJAJINAGAR ENTERNANCE BANGALORE-10. - 10 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 3. S.P.NISAR AHMED S/O PYARO SAAB AGED ABOUT 42 YEARS ZAM ZAM ENTERPRISES NEAR CLOCK TOWER KOLAR-563 101. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED REP BY ITS THE BRANCH MANAGER OFF AT: BAGALUR MANSION 2ND FLOOR DODDA PET KOLAR-563101. ...RESPONDENTS (BY SRI.A.N. KRISHNA SWAMY.,ADVOCATE FOR R2; SRI. B.V. ANANDA, ADVOCATE FOR R3; SRI. G.S. MARULAIAH, ADVOCATE FOR R4; VIDE ORDER DATED 03.01.2023; NOTICE TO R1 -H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.1.2016 PASSED IN MVC NO.7462/2008 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 11 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS IN MFA NO. 3446/2016 BETWEEN: MASTER VINAY S/O D L RAMESH AGED ABOUT 16 YEARS SINCE APPELLANT IS MINOR REPRESENTED BY HER MOTHER NATURAL GUARDIAN SMT SUNITHA W/O D L RAMESH AGED ABOUT 41 YEARS R/A MURALI LAYOUT NEAR SHANKARA VIDYALAYA OPP TO RTO OFFICE KOLAR-563101. ...APPELLANT (BY SRI. PRUTHVIRAJ N M.,ADVOCATE) AND: 1. SRI SAGAY RAJ S/O LATE JOSEPH AGED ABOUT 41 YEARS R/A #LAKE C B LAYOUT THAMBU CHETTY PALYA VIRGO NAGAR(P) BANGALORE-49. 2. ICICI LOMBARD GENERAL INSURANCE CO LTD SUDHA COMMERCIAL COMPLEX OPP:COFFEE CAFE DAY RAJAJI NAGAR ENTERANCE BANGALORE-10. - 12 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 3. S P NISAR AHMED S/O PYARO SAAB AGED ABOUT 42 YEARS ZAM ZAM ENTERPRISES NEAR CLOCK TOWER KOLAR-563101. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED REP BY ITS THE BRANCH MANAGER OFF AT BAGALUR MANSION 2ND FLOOR, DODDA PET KOLAR-563101. ...RESPONDENTS (BY SRI.A.N. KRISHNA SWAMY., ADVOCATE FOR R2; SRI. C.R. RAVISHANKAR, ADVOCATE FOR R4; VIDE ORDER DATED 14.07.2021 NOTICE TO R1 & R3 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.1.2016 PASSED IN MVC NO.7463/2008 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 13 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) These appeals are by the claimants in different claim petitions, and they are filed because of the injuries suffered and the demise of Sri. D. L. Srinath in a road accident on 06.02.2008. The claimants seek enhancement in compensation awarded by the Motor Accident Claims Tribunal and Court of Small Causes, Bengaluru [for short, 'the Tribunal'] in the respective claim petitions. The details of the claim petitions, the corresponding appeals and the amount of compensation awarded by the Tribunal are: Sl No. MVC No. MFA No. Amount [In Rs.] 1 1 7456/2008 5289/2016 11,65,000/- 2 7457/2008 3442/2016 34,85,620/- 3 7458/2008 3443/2016 1,44,844/- 4 7461/2008 3444/2016 1,15,212/- 5 7462/2008 3445/2016 1,34,256/- 6. 7463/2008 3446/2016 1,45,799/- 1 The Tribunal has granted interest at 8% per annum from the date of the petition to the date of deposit. - 14 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 2. Sri D.L. Srinath’s wife and his minor children have filed the claim petition in MVC No. 7456/2008, and Sri D L Srinath’s daughter, Ms. Neha Reddy [who was aged 12 years as of the date of the accident] is reduced to a vegetative state, and the claim petition on her behalf is in MVC No.7457/2008. Sri. D. L. Srinath's wife and other members of the family, who have suffered certain minor injuries in the accident as inmates of the car, have filed the other claim petitions in MVC Nos.7458-7463/2008. 3. Sri D. L. Srinath was driving the car bearing No. KA-07-M-1972 with all the inmates on the Kolar-Mulbagal stretch of the National Highway No.4 when he hit the lorry bearing No. KA-05-D-3249 that was backing unto the National Highway from a side road. The Tribunal, on appreciation of the evidence [including the spot sketch-Exhibit-P4], has opined that the evidence shows that both Sri D L Srinath and the driver of the lorry have contributed - 15 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS equally to the accident. The claimants are aggrieved by the Tribunal's finding on this contributory negligence. 4. This Court must opine that the question on contributory negligence will be germane only in so far as the claim petition in MVC No.7456/2008, which is filed by Sri D L Srinath’s wife and children. The other claim petitions are filed by those who are injured and were inmates of the car at the time of the accident. The Claimants in MVC Nos.7457- 7463/2008 [including the claim by Ms. Neha], because they were inmates of the car, will be entitled to receive compensation from the Insurer of either of the two vehicles in view of the proposition of composite negligence. 5. However, the two Insurers - the Insurer of the Car [M/s. The New India Assurance Company Limited] and the Insurer of the lorry [M/s. ICICI - 16 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS Lombard General Insurance Company Limited] have deposited the compensation awarded by the Tribunal in equal proportion. However, the question of contributory negligence will have to be examined because of the repercussions that will be in the claim petition in MVC No.7456/2008. The common question for consideration will be whether there must be any enhancement in the compensation awarded by the Tribunal to the claimants. On Contributory Negligence: 6. The Tribunal has examined the question of contributory negligence [composite negligence] as aforesaid in the light of the police investigation documents. These documents are the Sketch, IMV Report and the mahazar that are drawn at the place of accident. The material circumstances are: [i] that the lorry was fully loaded [with sand] and was backing up from the side road onto the Highway; [ii] that the car hit the lorry from behind; and - 17 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS [iii] that the front of the car is completely damaged. If these material facts remain undisputed, this Court cannot find fault with the Tribunal’s appreciation of evidence to hold that there is an equal contribution by Sri D L Srinath and the driver of the lorry. The fallout of this finding in law is that the Insurer of the lorry will be liable to pay 50% of the compensation and the Insurer of the car cannot be called upon to pay the remaining 50% of the compensation. 6.1 However, this Court must observe that the Tribunal consequent to its finding on contributory negligence has held that the Insurer of the car is jointly and severally liable to pay compensation, but it should have confined the liability to the Insurer of the lorry [in the MVC No. 7456/2008] to the extent of 50% of the compensation. The Insurer of the car has deposited a - 18 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS sum of Rs.5,82,500/- [i.e., 50% of 11,65,000/-] with interest. 6.2 The reason for the deposit, notwithstanding the law, is not explained, but that will not be of any consequence with the Tribunal's finding and the fallout in law. As such, this Court, without stipulating in so far as the amount deposited, opines that if there is any enhancement in the appeal from the claim petition in MVC No.7456/2008, the Insurer of the lorry will be liable to deposit 50% of such enhancement with interest for the relevant period. The question for consideration is answered accordingly. On an enhancement of compensation in MVC No. 7456/20082. 7. The Tribunal has taken the income of the Sri D L Srinath at Rs.5,000/- per month based on 2 In MFA No. 5289/2016. - 19 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS the assertion about his income in the claim petition as originally presented, but undeniably, the claimants [his widow and two minor children] have amended the claim petition to assert that his income was Rs.50,000/- per month and that they are entitled to compensation in a sum of Rs.1,00,00,000/-. The Tribunal could not have, in the afore circumstances, taken the monthly income of Sri D.L. Srinath only at Rs.5,000/- without examining the evidence on record. 7.1 The claimants have produced Exhibit P14, the Income-tax Returns [ITR] for the assessment years 2007-08 and 2008-09 along with the enclosed Balance sheets. The undisputed evidence is that Sri D L Srinath was in the business as an Electrical Contractor and that he was executing contracts including contracts issued by the State Government and its agencies. The gross annual income for these two years is Rs.4,81,992/- and - 20 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS Rs.6,00,000/- respectively. The deceased has paid Rs.94,653/- and Rs.1,32,889/- as income tax. The net income as per these ITRs should be taken for assessment of loss of dependency, an essential component of just and reasonable compensation. The net income after income tax for these two years is Rs.3,87,339/- and Rs.4,67,111/-. 7.2 It is argued on behalf of the Insurers that this Court may not take the net income for the assessment year 2007-2008 because the ITR is filed in September 2008 that is after the accident, but the Returns and the enclosed balance sheet, as certified by Chartered Accountant, are filed prior to the accident. Therefore, this Court does not find any merit in the argument that Sri D L Srinath’s income should be computed ignoring the ITR for the assessment year 2007-2008. - 21 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 7.3 This Court is also of the view that the average of the net income for these two years must be taken to determine the monthly income of the deceased as of the date of the accident so that the compensation is reasonable. The average annual net income will be in a sum of Rs.4,27,225/-3 and admittedly there must be a deduction in a sum of Rs.2,400/- towards professional tax. The net annual income will be in a sum of Rs.4,24,825/-. 7.4 The claimants will be entitled for an addition of 40% towards future prospects, and there must be a deduction of one–third [1/3rd] towards the personal expenses of the deceased. The proper multiplier, given the undisputed age, is '15', the loss of dependency will be in a sum of Rs.59,47,560/-. Annual Income 4,24,825/- Addition towards Future Prospects 40% Annual Income + Future Prospects 5,94,755/- 3 [Rs.3,87,339/- +Rs.4,67,111/-]/2 = Rs.4,27,225/- - 22 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS Deduction Towards personal expenses 1/3rd 1,98,251/- Multiplicand [After Deduction towards personal Expenses] 3,96,504/- Multiplier 15 Loss of Dependency 59,47,560/- 7.5 There must be an addition towards consortium and conventional heads. Sri D.L. Srinath is survived by his wife and two minor children and one of whom is rendered to a vegetative state. This Court opines that if the wife and son are entitled to a conservative amount of Rs.40,000/- each; the child [Ms. Neha] must be granted a higher consortium. On a cautious consideration, to ensure that just and reasonable compensation is awarded, this Court is of the view that the loss of consortium for this child should be in a sum of Rs.2,00,000/-. In addition, there shall be a sum of Rs.30,000/- towards the conventional heads. 7.6 The claimants in MVC No. 7456/2008 are thus entitled to a total sum of Rs. - 23 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 19,63,780/- as against the sum of Rs.11,65,000/- awarded by the Tribunal. The Insurer of the lorry [M/s. ICICI Lombard General Insurance Company Limited] must pay this compensation with interest at 6% per annum from the date of the petition to the date of deposit. Sl.No. Head of accounts Amount awarded by the Tribunal Amount awarded by this Court [In Rs.] 1 Loss of dependency Rs.6,00,000/- 2 Loss of future prospects Rs.3,00,000/- 59,47,560/- 3 Funeral expenses Rs. 25,000/- 4 Transportation of dead body Rs. 10,000/- 30,000/- 5 Loss of consortium Rs.1,00,000/- 6 Loss of love and affection Rs.1,00,000/- 7 Loss of estate Rs. 30,000/- 2,80,000/- Total Rs.11,65,000/- 62,57,560/- The Claimants because of the finding on negligence by the deceased will be entitled to 50% 31,28,780/- - 24 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS Enhancement with the deduction towards contributory negligence 19,63,780/- On enhancement of compensation in MVC No. 7457/20084. 8. Sri D.L. Srinath's younger daughter [Ms. Neha] aged 12 years is rendered vegetative, and the claim petition in MVC No.7457/2007 is filed on her behalf by her mother as her next friend and guardian. This Court must at the very outset observe that there is no dispute about her condition and that the compensation must be determined accordingly. The Tribunal has awarded a total sum of Rs.34,85,620/- under the following heads: Sl.No. Head of accounts Amount awarded by the Tribunal 1 Pain & suffering Rs. 3,00,000/- 2 Medical expenses Rs.15,87,620/- 3 Attendant charges Rs. 1,00,000/- 4 Food and nourishments Rs. 1,00,000/- 5 Conveyance charges Rs. 1,00,000/- 4 In MFA No. 3442/2016 - 25 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 6 Beauty and marriage Prospects Rs. 2,00,000/- 7 Loss of academics Rs. 1,00,000/- 8 Loss of future income Rs. 6,48,000/- 9 Loss of income during Laid up period Rs. 1,50,000/- 10 Future medical treatment Rs. 2,00,000/- Total Rs.34,85,620/- 8.1 Sri Pruthviraj N M, the learned counsel for the claimants, submits that this court must grant Rs.15,00,000/- towards pain and suffering and a higher sum towards loss of future income and attendant charges. Sri A. N. Krishna Swamy, the learned counsel for one of Insurers5, submits that the compensation of Rs.3,00,000/- towards Pain and Suffering will be adequate because the Tribunal has awarded Rs.2,00,000/- towards Loss of Marriage Prospects, Rs.1,00,000/- towards Loss of Academics and Rs.1,50,000/- towards Loss of Income during laid up period. The learned counsel emphasizes that the Tribunal has determined the compensation taking the disability at 100% and that, 5 The Insurer of the Lorry, M/s. ICICI Lombard General Insurance Company Limited - 26 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS given the medical evidence, the Insurers cannot dispute 100% loss of earning capacity. 8.2 In rejoinder, Sri Pruthviraj proposes to rely upon the decision of the Apex Court in Kajal vs Jagdish Chand and others6 to assert that in very similar circumstances where a 12-year-old girl is reduced to a vegetative state, the Apex court has granted a sum of Rs.15,00,000/- towards Pain and Suffering. The question of enhancement under this head is examined in the light of the circumstances in which the Apex Court has granted Rs.15,00,000/-. 8.3 The evidence, as seen from the decision, was that a young girl was suffering from severe hysteria with the mind of a nine-month-old child. Though the evidence on record in the present case is that Ms. Neha is reduced to a vegetative state and dependent on attendants for life, but there is no 6 AIR 2020 SC 776 - 27 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS evidence of her being given to hysteria. In fact, the evidence is that she suffers from a 100% permanent disability and that though she is conscious, she cannot speak. The adequacy of compensation towards Pain and Suffering is examined in the light of the Apex Court decision, in the facts on hand in the present case and the amounts awarded under heads such as Loss of Academics and Loss of Income during laid-up period. This Court opines that the just compensation under this head would be in a sum of Rs.6,00,000/- as against Rs.3,00,000/-. 8.4 The canvas is also for enhancement towards loss of future income. The Tribunal has taken notional income at Rs.3,000/- per month and capitalized it by multiplier '18' to arrive at Rs.6,48,000/-. It is trite that the Loss of Future Earning must be assessed based on the notional income because Ms. Neha was only 12 years, and this Court, for reasons of consistency and uniformity, - 28 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS has been adopting the table evolved for settlement in Lok Adalath. According to this schedule, the notional income is taken at Rs.4,500/- in cases arising out of accidents in the year 2008. This Court take the same income and with an addition 40% towards future prospects. 8.5 The monthly income for computing the loss of future earning capacity will therefore be Rs.4,500 and there will be capitalization on the aforesaid sum per annum with the multiplier of '18' and that would be in a sum of Rs.13,60,800/-. Monthly Income 4,500 Addition towards Future Prospects 40% Monthly Income + Future Prospects 6,300 Annual Income 75,600/- Percentage of Disability 100% Multiplicand [Based on percentage of Disability] 75,600/- Multiplier 18 Loss of Earning Capacity 13,60,800/- - 29 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS 8.6 The last head for enhancement is towards the attendant charges. Ms. Neha was aged 12 years, and she has lost the assistance of a doting father. Her dependence on the attends for life is clearly borne out, and the compensation under this head must be that amount which the mother and others will have to incur for her lifetime. This Court is of the view that given all the circumstances including that the future expenditure is being factored in and provided for, the attendant charges must be taken at Rs.4,000/- per month and capitalized per annum by the multiplier of '18'. In that event, the claimant will be entitled for another sum of Rs.8,64,000/-. 8.7 The claimant would thus be entitled for enhanced compensation in a sum of Rs.17,76,800/-. Sl.No. Head of accounts Amount awarded by the Tribunal Amount awarded by This Court 1 Pain & suffering Rs. 3,00,000/- Rs. 6,00,000/- 2 Medical Rs.15,87,620/- Rs.15,87,620/- - 30 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS expenses 3 Attendant charges Rs. 1,00,000/- Rs.8,64,000/- 4 Food and nourishments Rs. 1,00,000/- Rs. 1,00,000/- 5 Conveyance charges Rs. 1,00,000/- Rs. 1,00,000/- 6 Beauty and marriage Prospects Rs. 2,00,000/- Rs. 2,00,000/- 7 Loss of academics Rs. 1,00,000/- Rs. 1,00,000/- 8 Loss of future income Rs. 6,48,000/- Rs.13,60,800/- 9 Loss of income during Laid up period Rs. 1,50,000/- Rs. 1,50,000/- 10 Future medical treatment Rs. 2,00,000/- Rs. 2,00,000/- Total Rs.34,85,620/- Rs.52,62,420/- Enhancement Rs.17,76,800/- 8.8 The Insurers of the Car and the Lorry must pay compensation equally with interest at the rate of 6% per annum from the date of the petition to the date of deposit. This Court must observe that if there is any failure or even delay in depositing such amount, the claimant will be entitled to recover the above mentioned enhanced compensation with interest from either of the two - 31 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS Insurers as it would be a case of composite negligence. On enhancement of compensation in other Claim petitions: 9. The claimants in other claim petitions viz., 7458/2008, 7461/2008, 7462/2008 and 7463/2008 have suffered minor injuries, and the Tribunal has awarded respectively Rs.1,44,844/-, Rs.1,15,212, Rs.1,34,256/- and Rs.1,45,799/- respectively with interest at 8% per annum. The Tribunal has awarded the aforesaid amount towards Pain and Suffering, Loss of Future Earning, Loss of Amenities, Loss of Income during the laid-up period and towards medical expenses. 9.1 Sri Pruthviraj and Sri A. N. Krishna Swamy are heard on whether there must be an enhancement, and the learned counsels have taken this Court not only through the Tribunal's finding on - 32 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS the injuries suffered but also on the quantum of compensation, and they ultimately submit that there must be some enhancement but in a total sum with interest at 6% per annum. 9.2 On a careful consideration of all the circumstances, it is ordered that the claimant in MVC No.7458/2008 and MVC No.7461/2008 shall be entitled to Rs.25,000/- each as enhanced sum along with interest at the rate of 6% per annum and the other two claimants in MVC No.7462/2008 and MVC No.7463/2008 shall be entitled to Rs.30,000/- and Rs.40,000/- respectively with interest at 6% per annum and the enhanced compensation must be paid by both the Insurers in equal measure, but if there is any delay the claimants must be at liberty to recover the same from either of the Insurers. - 33 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS ORDER The appeals are allowed in-part modifying the judgment and decree of the Tribunal in the following terms: [a] The appeal in MFA 5289/2016[from MVC No. 7456/2008] [i] The appeal is allowed granting enhanced compensation of Rs.19,63,780/- along with interest at the rate of 6% per annum. [ii] The Insurer of the lorry - M/s. ICICI Lombard General Insurance Company Limited – is called upon to deposit the enhanced compensation with interest within eight weeks from the date of receipt of a copy this order. [b] The appeal in MFA 3442/2016 [from MVC No. 7457/2008] [i] The appeal is allowed granting enhanced compensation of Rs.17,76,800/- along with interest at - 34 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS the rate of 6% per annum from the date of the petition to the date of deposit. [ii] The Insurers are called upon to deposit the enhanced compensation with interest in equal proportion within eight [8] weeks from the date of receipt of a copy this order. [iii] In any event, the claimants will be entitled to recover the entire enhanced compensation of Rs.17,76,800/- with interest from either of the Insurers. [c] The appeals in MFA No.3443/2016 [from MVC No. 7458/2008] and MFA No. 3444/2016 [from MVC No. 7461/2008] [i] The appeals are allowed granting a global sum of Rs.25,000/- to each of these claimants as enhanced compensation with interest at the rate of 6% per annum from the date of the petition to the date of deposit. [ii] The Insurers are called upon to deposit the enhanced compensation with - 35 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS interest in equal proportion within eight [8] weeks from the date of receipt of a copy this order. [iii] In any event, the claimants will be entitled to recover the entire enhanced compensation with interest from either of the Insurers. [d] The appeals in MFA No.3445/2016 [from MVC No. 7462/2008] and MFA No. 3446/2016 [from MVC No. 7463/2008] [i] The appeals are allowed granting a sum of Rs.30,000/- and Rs.40,000/- respectively to each of these claimants as enhanced compensation with interest at the rate of 6% per annum from the date of the petition to the date of deposit. [ii] The Insurers are called upon to deposit the enhanced compensation with interest in equal proportion within eight [8] weeks from the date of receipt of a copy this order. - 36 - HC-KAR NC: 2025:KHC:26449-DB MFA No. 5289 of 2016 C/W MFA No. 3442 of 2016 MFA No. 3443 of 2016 AND 3 OTHERS [iii] In any event, the claimants will be entitled to recover the entire enhanced compensation with interest from either of the Insurers. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE AN/-, NV