- 1 - HC-KAR NC: 2025:KHC-K:3577 MFA No. 201842 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 201842 OF 2022 (MV-D) BETWEEN: 1. NEELAKANT @ NEELAKANTAPPA S/O MASTANAPPA GUPTA, AGE: 47 YEARS, OCC: AUTO DRIVER, 2. RADHA W/O NEELAKANT @ NEELAKANTAPPA AGE: 41 YEARS, OCC: HOUSEHOLD, 3. ASHWARYA D/O NEELAKANT, AGE: 27 YEARS, OCC: HOUSEHOLD, ALL R/O: H.NO.2-547, JAGAT, DHARM SHALL, BHEEM NAGAR, KALABURAGI. …APPELLANTS (BY SRI SANJEEV PATIL, ADVOCATE) AND: 1. RAFEEQ MIYAN S/O MAKABOOL MIYAN, AGE: MAJOR, OCC: OWNER OF HERO HONDA, PASSION PRO BEARING REG. NO.KA-32-EH-7159, R/O: H.NO.2-907/26B, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3577 MFA No. 201842 of 2022 GUBBI COLONY SEDAM ROAD, DIST: KALABURAGI – 585 105. 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., R/O: ASIAN PLAZA TIMMAPUR, CHOWK KALABURAGI. POLICY NO.(140727312000306) DIST: KALABURAGI – 585 102. …RESPONDENTS (BY SRI RAHUL ASTURE, ADVOCATE FOR R2; R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLE ACT, PRAYING TO ALLOW THIS APPEAL AND AWARD COMPENSATION OF RS.13,43,000/- (EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST AT 18% P.A. BY MODIFYING THE JUDGMENT AND AWARD OF THE PRL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI DATED 18.12.2020 IN MVC NO.485/2018, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 18.12.2020 passed by Prl. Senior Civil Judge & MACT, Kalaburagi, (for short 'tribunal') in MVC no.485/2018, this appeal is filed. 2. Sri Sanjeev Patil, learned counsel submitted, appeal was by claimants for enhancement of compensation on sole ground of failure to add future prospects to monthly income of deceased while calculating loss of dependency. - 3 - HC-KAR NC: 2025:KHC-K:3577 MFA No. 201842 of 2022 3. On other hand, Sri Rahul Asture, learned counsel for respondent no.2-insurer opposed appeal. It was submitted, tribunal had rightly assessed compensation, leaving no scope for enhancement. 4. Heard learned counsel and perused impugned judgment and award and records. 5. From above and since only claimants are in appeal for enhancement, while insurer has accepted award, point that arises for consideration is: “Whether claimants are entitled for enhancement of compensation as sought for?” 6. As noted above, only claimants are in appeal for enhancement and insurer has accepted award. Therefore, occurrence of accident on 29.03.2017 involving motorcycle no.KA-32-V-1189 with another motorcycle no.KA-32/EH-7159 due to rash and negligent riding of insured motorcycle leading to death of Rahul Gupta is not in dispute. That deceased was bachelor, aged 19 years, in private service and claimants were parents and unmarried sister is also not in dispute. Tribunal determined his monthly income at Rs.10,250/-, deducted 50% - 4 - HC-KAR NC: 2025:KHC-K:3577 MFA No. 201842 of 2022 towards personal expenses, applied correct multiplier of ‘18’ is also not under challenge. Award of compensation under conventional heads and medical expenses is not questioned. Sole ground is failure to add future prospects to monthly income. 7. As per decision of Hon'ble Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and Ors. reported in (2017) 16 SCC 680, tribunal ought to have added future prospects to monthly income. Since deceased was aged 19 years and not in permanent employment, future prospects at ‘40%’ has to be added. Therefore, computation of loss of dependency would be : (Rs.10,250/- + 40%) X ½ X 12 X 18 = Rs.15,49,800/-. 8. Thus, total compensation is as under: 1 Loss of Dependency Rs.15,49,800/- 2 Loss of Consortium Rs.1,20,000/- 3 Funeral Expenses Rs.15,000/- 4 Loss of Estate Rs.15,000/- 5 Medical Expenses Rs.1,69,828/- Total Rs.18,69,628/- - 5 - HC-KAR NC: 2025:KHC-K:3577 MFA No. 201842 of 2022 9. Thus, in all, claimants are entitled for total compensation of Rs.18,69,628/-. Point for consideration is answered partly in affirmative. 10. Consequently, following: ORDER i. Appeal is allowed in part, judgment and award dated 18.12.2020, passed by Prl. Senior Civil Judge & MACT, Kalaburagi, in MVC no.485/2018, is modified. ii. Claimants are entitled for compensation of Rs.18,69,628/- as against Rs.14,27,000/- awarded by tribunal. iii. Respondent no.2-insurer is directed to deposit same before tribunal with interest at 6% from date of petition till deposit within eight weeks. iv. Conditions imposed by tribunal about deposit and release would apply to enhanced compensation proportionately. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 41