- 1 - HC-KAR NC: 2025:KHC-K:7807 MFA No. 204047 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO.204047 OF 2023 (MV-D) BETWEEN: 1. MADEPPA S/O LAXMAN, AGE: 31 YEARS, OCCUPATION: NIL, 2. BHIMANNA S/O AKSHMAN, AGE: 33 YEARS, OCCUPATION: NIL, BOTH ARE R/O. H.NO.141/135/14, HUSSAINI ALAM, CHITGUPPA TALUK HUMNABAD, DISTRICT BIDAR, NOW RESIDING AT LEDEJ GALLI, YADGIRI, TALUK & DISTRICT YADGIRI …APPELLANTS (BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE) AND: 1. SUNIL S/O GUNDAPPA DHARVESH, AGE: 46 YEARS, OCCUPATION: OWNER OF MOTOR CYCLE BEARING REG NO.KA-39/S-6684, R/O H.NO.14/135, HUSSAINI ALAM, CHITGUPPA, TALUK HUMNABAD, DISTRICT BIDAR-585412 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7807 MFA No. 204047 of 2023 2. IFFICO-TOKIO GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, CLAIMS DEPARTMENT, HEAD CUSTOMER SERVICE CENTER, K.S.C.M.F. BUILDING, 3RD FLOOR, 3RD BLOCK, CUNNINGHAM ROAD, BANGALORE-52 …RESPONDENTS (SRI SUBHASH MALLAPUR, ADVOCATE, FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGEMENT AND AWARD DATED 22.08.2023 IN MVC NO.111/2022 PASSED BY THE SENIOR CIVIL JUDGE AND MACT-II, YADGIRI, BY ENHANCING THE COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT This appeal is preferred by the claimants against the judgment and award dated 22.08.2023 passed by the Senior Civil Judge and Motor Accident Claims Tribunal-II, Yadgiri [for short ‘Tribunal’], in MVC No.111/2022, seeking enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC-K:7807 MFA No. 204047 of 2023 2. One Laxmi Bai met with an accident on 21.02.2022 and died. Her sons filed claim petition before the Tribunal claiming compensation of Rs.48,00,000/- with interest. The Tribunal considered the entire materials on record and awarded Rs.11,20,400/- with interest at the rate of 6% per annum from the date of petition till realisation. Aggrieved by the said order, claimants filed this appeal. 3. Heard arguments of both the parties and perused the materials available on record. 4. The main contention of the claimants is that the deceased was earning Rs.20,000/- per month by doing Coolie work, but the Tribunal without any basis assessed the same at Rs.12,000/- per month. Therefore, they pray for enhancement of the compensation. 5. It is submitted by the learned counsel for respondent No.2 – Insurance Company that the - 4 - HC-KAR NC: 2025:KHC-K:7807 MFA No. 204047 of 2023 compensation awarded by the Tribunal is just and proper and it needs no interference. 6. Though it is stated that she was earning Rs.20,000 per month, no document is produced to prove the same. In the absence of proof of income, as per the chart issued by the Karnataka State Legal Services Authority, this Court finds it just and reasonable to take the notional income of the deceased at Rs.14,750/- per month for the accident of the year 2022, instead of Rs.12,000/- taken by the Tribunal. The Tribunal has rightly considered the principal of law laid down by the Apex Court in the case of National Insurance CO. Ltd vs. Pranay Sethi and Others1 and added 10% towards future prospects. Accordingly 10% of Rs.14,750/- comes to Rs.1,475/-, thus, total income of the deceased comes to Rs.16,225/-. If 1/3rd of this amount is deducted towards the personal expenses of the deceased, the claimants are 1 2017 ACJ 2700 SC - 5 - HC-KAR NC: 2025:KHC-K:7807 MFA No. 204047 of 2023 entitled for 2/3rd of the income. Thus, the loss of dependency comes to: Rs.16,225/- x 12 x 9 x 2/3 = Rs.11,68,200/-. 7. Admittedly, appellants are sons of the deceased. Hence, they are entitled for Rs.44,000/- each towards loss of parental consortium, in total Rs.88,000/-. 8. The claimants are also entitled for an amount of Rs.33,000/- under the conventional heads as per the citation in the case of National Insurance Company Limited Vs. Pranay Sethi. 9. Accordingly, the claimants are entitled for total compensation of Rs.12,89,200/- as against Rs.11,20,400/- awarded by the Tribunal. There will be enhancement of Rs.1,68,800/-. 10. For the aforesaid reasons, the following: - 6 - HC-KAR NC: 2025:KHC-K:7807 MFA No. 204047 of 2023 O R D E R (i) The appeal is allowed. (ii) The appellants are entitled for compensation of Rs.1,68,800/- with interest at 6% per annum from the date of petition till realization in addition to what has been awarded by the Tribunal. (iii) Respondent No.2 – Insurance Company is directed to deposit the compensation amount within one month from the date of this judgment. (iv) On such deposit, claimants are permitted to withdraw the entire enhanced compensation amount along with interest, equally. Sd/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 63 CT: RJ