- 1 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6914 OF 2021 (MV-D) BETWEEN: 1. SRI. R BASAVARAJ S/O REVAPPA AGED ABOUT 63 YEARS 2. SMT. R SUDHA W/O SRI. R BASAVARAJ AGED ABOUT 54 YEARS BOTH ARE RESIDING AT MUGALABELE (V), S. MADAMANGALA (P), BANGARPET TALUK, KOLAR (D) 3. R. KUSUMA D/O SRI. R. BASAVARAJ AGED ABOUT 32 YEARS, 4. RAJESHWARI D/O SRI. R BASAVARAJ AGED ABOUT 26 YEARS 5. REKHA D/O SRI. R BASAVARAJ AGED ABOUT 24 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 ALL ARE RESIDING AT NO.355, OLD TILES FACTORY BANGARPET CIRCLE, KOLAR TOWN. …APPELLANTS (BY SRI. VENKATA REDDY C.M, ADVOCATE) AND: 1. MEDICAL OFFICER (H AND FWS) GENERAL HOSPITAL, ROBERTSONPET, KGF. 2. THE DIRECTOR KARNATAKA GOVERNMENT, INSURANCE DEPARTMENT, INSURANCE DEPARTMENT OF VEHICLE BANGALORE - 560 001. …RESPONDENTS (BY SRI. GOPALKRISHNA SOODHI, AGA FOR R1 AND R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2019 PASSED IN MVC NO. 06/2019 ON THE FILE OF THE MACT AND III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 ORAL JUDGMENT This appeal is filed by the claimants being aggrieved by the judgment and award dated 14th November 2019, passed by the MACT and III Additional Senior Civil Judge, Kolar, (for short `Tribunal'), in MVC No.06/2019, seeking enhancement of compensation. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are that, on 24.05.2018 the deceased-Darshan, met with an accident due to rash and negligent driving of an Ambulance bearing registration No.KA- 08-G-0079. As a result of impact, Darshan sustained grievous injuries and succumbed to the injuries. The deceased-Darshan was aged about 25 years and was earning Rs.20,000/- per month. The deceased contributed his earnings to the maintenance of the family. The claimant Nos.1 and 2 are parents and claimant Nos.3 to 5 are unmarried sisters of the deceased and they were dependent upon earnings of the deceased. With these reasons, they prayed to award compensation of Rs.50,00,000/-. - 4 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 4. Respondent No. 1 filed objections denying the averments made in the claim petition. He contended that the accident occurred due to the negligence of the rider of the motorcycle and that the amount of compensation claimed was exorbitant. With these reasons, prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. 6. The claimants to prove their case examined one witness as PW.1 and marked 12 documents, as per Exs.P.1 to P.12. The respondents have not led any oral and documentary evidence. 7. The Tribunal after hearing both the parties and appreciating the materials available on record, held that the accident occurred due to negligence of driver of the ambulance. The Tribunal assessed age of the deceased as 25 years, his income as Rs.7,500/- per month, applied the multiplier of '18', added 40% of his income towards future prospectus, deducted 50% of the amount towards personal expenses since he was unmarried and awarded the following amount of compensation. - 5 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 Particulars Amount in Rs. Loss of dependency 11,34,000/- Funeral Expenses and transportation of dead body 15,000/- Loss of estate 15,000/- Total 11,64,000/- 8. Heard the arguments of learned counsel for both the sides. 9. The main contention of the appellants is that the income taken by the Tribunal is on the lower side and no amount of compensation was awarded under the head loss of consortium. Therefore, prayed to recalculate the same. 10. The Tribunal has taken notional income of the deceased as Rs.7,500/- per month. The accident occurred during the year 2018. Following the chart prepared by the Karnataka State Legal Services Authority, the notional income of the deceased is taken as Rs.12,500/- per month. Undisputedly, the multiplier applicable is '18' and 40% of income shall be added towards future prospectus. The Tribunal ought to have awarded compensation under the head of loss of - 6 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 consortium as per the law laid down in the cases of National Insurance Company Limited Vs. Pranay Sethi & Others1 as well as Magma General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram and Others2. Accordingly, the claimants are entitled to the following amount of compensation: Particulars Amount in Rs. Loss of dependency (12,500+40%x12x18x50%) 18,90,000/- Loss of consortium (40,000x5) 2,00,000/- Loss of estate 15,000/- Funeral expenses 15,000/- Total 21,20,000/- Amount awarded by the Tribunal Enhancement- 11,64,000/- 9,56,000/- 11. It was not disputed before the Tribunal that the said vehicle was insured with respondents. Therefore, the respondents are liable to pay the enhanced amount of compensation. 1 AIR 2017 SC 5157 2 (2018) 18 SCC 130 - 7 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 12. The claimants are entitled to interest on the enhanced amount of compensation at rate of 6% p.a. from the date of petition till its realization. 13. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed. ii) The judgment and award dated 14th November 2019, passed in MVC.No.06/2019, by the MACT and III Additional Senior Civil Judge, Kolar, stands modified; iii) The claimants are entitled to enhanced compensation of Rs.9,56,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondents shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award regarding apportionment, release and deposit are not disturbed. vi) Draw award accordingly. - 8 - HC-KAR NC: 2025:KHC:43931 MFA No. 6914 of 2021 Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 7