- 1 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO.200604 OF 2020 (MV-D) BETWEEN: 1. SANTOSH GEER S/O MACHENDRA GIR GOSAVI, AGE: 35 YEARS, OCC: VEGETABLE VENDOR, SINCE DECEASED BY HIS LRS. NANDA W/O SANTOSH GIR, AGE: 33 YEARS, OCC: HOUSE HOLD 2. SAINATH GEER S/O SANTOSH GIR AGE: MINOR.12 YEARS, 3. NAVANATH GEER S/O SANTOSH GIR AGE: MINOR 10 YEARS, 4. KALAWATI W/O MACHENDRA GIR GOSAVI, AGE: 63 YEARS, OCC: HOUSE HOLD, ALL ARE R/AT: NIRAGUDI VILLAGE, TQ: BASAVAKALYAN, DIST: BIDAR-585327. …APPELLANTS (BY SRI B. C. JAKA, ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 AND: 1. BALASAHEB S/O NILAKANTH MANE, AGE: MAJOR, OCC: OWNER OF TATA SUMO BEARING NO. MH. 24/L-4495, R/AT: VILLAGE HADOLI, TQ: NILANGA, DIST: LATUR (M.S.)-413521. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., N.V. COLLEGE ROAD, SANGAMESHWAR COLONY, KALABURAGI-585103. …RESPONDENTS (SRI SUDARSHAN M., ADVOCATE FOR R2; V/O DATED 07.12.2021 NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 20.12.2018 PASSED BY THE II ADDL. DIST AND SESSIONS COURT BIDAR, BENCH AT BASAVAKALYAN IN MVC NO.307/2017 AND CONSEQUENTLY TO ENHANCE THE COMPENSATION OF RS.54,63,000/- WITH INTEREST @ 12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimants seeking for higher compensation being aggrieved by the judgment and award dated 20.12.2018 passed in MVC No.307/2017 by the II Additional District and Sessions Judge, Bidar sitting at Basavakalyan. 2. Heard Sri B.C. Jaka, learned counsel for the appellants and Sri Sudarshan M., learned counsel for respondent No.2 – Insurance Company. 3. Learned counsel for the appellants submits that the Tribunal has committed grave error in assessing the income of the deceased at Rs.8,000/- per month without appreciating the fact that deceased was a vegetable vendor and was earning Rs.15,000/- per month. It is submitted that the deceased was aged about 35 years at the time of accident and claimants being the wife, two children and mother of the deceased, have filed the claim petition. The Tribunal has further erred in not awarding - 4 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 any compensation under the head of loss of future prospects which they are entitled as per the law laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others1. It is further submitted that the claimants are also entitled for compensation of Rs.15,000/- under the head of loss of estate and Rs.15,000/- under the head of transportation of dead body and funeral expenses. Hence, he seeks to allow the appeal by appropriately modifying the impugned award. 4. Per contra, Sri Sudarshan M., learned counsel appearing for the respondent – Insurance Company supports the impugned judgment and award of the Tribunal and submits that the claimants have failed to produce any legally acceptable evidence with regard to the income. Hence, the Tribunal has assessed the income of the deceased at Rs.8,000/- per month. It is submitted that the Tribunal, taking note of the oral and documentary 1 (2017) 16 SCC 680 - 5 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 evidence, has awarded just compensation of Rs.17,37,000/- which does not call for enhancement. Hence, he seeks to dismiss the appeal. 5. We have heard the arguments of learned counsel for the appellants/claimants and learned counsel for the Insurance Company and meticulously perused the material on record. 6. The only point that arises for our consideration in this appeal is: Whether the impugned judgment and award of the Tribunal calls for any interference by this Court? 7. The material available on record would indicate that on 05.01.2017 at about 07.30 p.m. the deceased Santosh Gir was proceeding from Umarga to Basavakalyan on motor cycle bearing Reg.No.MH-12/S-3279. When he reached near Mohan Dhaba at Chandakapur on NH-9, at that time the offending vehicle i.e., Tata Sumo bearing - 6 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 Reg.No.MH-24/L-4495 came from hind side being driven by its driver in a rash and negligent manner and dashed to the motor cycle resulted in Sri Santosh sustaining grievous injuries all over the body and he succumbed to those injuries in the said accident. 8. The claimant No.1 – Nanda examined herself as PW-3 and got marked Exs.P-1 to P-33. The respondent – Insurance Company did not adduce any evidence. The Tribunal, by a common judgment and award, assessed the compensation at Rs.17,37,000/- with interest at the rate of 9% per annum. 9. Admittedly, the claimant has not produced any evidence with regard to the income of the deceased before the Tribunal. Considering the notional income chart prepared by the Karnataka State Legal Services Authority, we re-assess the notional income of the deceased at Rs.10,250/- per month for the purpose of determination of compensation. Admittedly, the deceased was aged about 35 years and was doing vegetable vending business. - 7 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 Hence, the claimants are entitled for addition of 40% of the assessed income under the head of loss of future prospects. The claimants are also entitled for loss of consortium at the rate of Rs.40,000/- each as per the judgment of the Hon’ble Apex Court in the case of Magma General Insurance Company Limited vs. Nanuram alias Chuhru Ram & others2 and are also entitled for Rs.15,000/- under the head of loss of estate and Rs.15,000/- towards transportation of dead body and funeral expenses. Insofar as award of medical expenses by the Tribunal of a sum of Rs.5,14,950/- is unaltered. 10. For the aforementioned reasons, the compensation is re-assessed as under: Computation of loss of dependency Description Amount Income Rs.10,250.00 Addition to such income at the rate 40% towards future prospects Rs.4,100.00 Monthly Income with the addition towards future prospects Rs.14,350.00 2 (2018) 18 SCC 130 - 8 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 Deduction of 1/4th towards personal expenses Rs.3,587.5 Monthly income with addition of future prospects and deduction towards personal expenses Rs.10,762.5 Therefore, Annual Income Rs.1,29,150.00 Multiplier 16 Loss of Dependency Rs.20,66,400.00 The computation of enhancement: Description Amount Loss of dependency Rs.20,66,400.00 Loss of consortium (Rs.40,000/- x 4) Rs.1,60,000.00 Medical expenses Rs.5,14,950.00 Loss of estate Rs.15,000.00 Transportation of dead body and funeral expenses Rs.15,000.00 Total Rs.27,71,350.00 Award of the Tribunal Rs.17,37,000.00 Enhanced Compensation Rs.10,34,350.00 11. In the result, we proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 20.12.2018 passed in MVC No.307/2017 by the II - 9 - NC: 2025:KHC-K:1447-DB MFA No. 200604 of 2020 Additional District and Sessions Judge Bidar, sitting at Basavakalyan is modified. (iii) The appellants/claimants are entitled for an enhanced compensation of Rs.10,34,350/- which shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. (iv) It is made clear that the appellants/claimants are not entitled for interest for the delayed period of 339 days as ordered by this Court on 18.01.2024. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 30 CT:SI