HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.2130 OF 2021(MV-D) BETWEEN: 1. LATHA W/O MAHADEVEGOWDA, AGED ABOUT 48 YEARS, 2. MADHU.D.M. S/O MAHADEVEGOWDA, AGED ABOUT 28 YEARS, BOTH ARE R/AT DODDABOGANAHALLI, PANDAVAPURA TALUK, MANDYA DIST-571 434. &APPELLANTS (BY SRI. P.MAHADEVASWAMY., ADVOCATE) AND: 1. SWAMY.M.C. S/O LATE CHIKKEGOWDA, AGED ABOUT 42 YEARS, K.MALLENAHALLI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA-571 434. 2. THE MANAGER, M/S. UNITED INDIA INSURANCE CO. LTD., T.P.SUB-CHAMARAJAPURA, NEAR BALLAL CIRCLE, MYSURU-19. &RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH V/O DTD:08.12.2022) HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 2 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.02.2019 PASSED IN MVC NO.1684/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal seeks to challenge the Judgment and Award dated 14.02.2019 in M.V.C.No.1684/2017 passed by the learned Senior Civil Judge and JMFC, Pandavapura (hereinafter referred to as the 8Impugned Award9). By the Impugned Award, the learned Tribunal has awarded Rs.12,40,000/- to the appellants/claimants with interest at 9% per annum from the date of petition till the date of deposit. The present appeal is filed by the appellants/claimants seeking enhancement. 2. Heard the learned counsel for the appellants/claimants and the learned counsel for respondent No.2/Insurance Company. Notice to HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 3 respondent No.1 has been dispensed with, by order dated 08.12.2022. 3. The brief facts of the case are that on 11.09.2017 at about 04.00 p.m., the deceased Mahadevegowda was riding along with his son on a motorcycle bearing registration No.KA-11/X-1086 when another motorcycle bearing Registration No.KA-11/L-8636 being driven by the respondent No.1 came and collided with the motorcycle of the deceased. On account of the collision, the deceased fell from the motorcycle and sustained grievous injuries to his head and neck and was taken to Mysore JSS Hospital. The deceased however died in the hospital due to the injuries. 4. A claim petition was filed by the legal representatives of the deceased being his wife and son. They contended that he was earning about Rs.30,000/- per month and that they spent amounts on his hospital expenses and funeral expenses. The matter was contested by both the owner of the offending vehicle as well as the Insurance Company, HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 4 who denied the contents of the claim petition. Based on the pleadings between the parties, the following issues were framed by the learned Tribunal: <ISSUES 1. Whether the petitioners proves that on 11.9.2017 at about 4 p.m. when the Mahadevegowda was riding his TVS XL super bearing Reg.No.KA-11/X-1086 along with his son D.M.Manu as pillion rider and going to Alpahally village for the purpose of cattle trade business on the left side of Chinakurali-Kanivekoppalu main road near the land of property of one Yajaman Thammannavar, at that time, a Hero Honda Super Splendor bearing Reg.No.KA- 11/L-8636 came from opposite side in a very rash and negligent manner and dashed against the vehicle in which Mahadevegowda and D.M.Manu were sitting due to which Mahadevegowda fell down along with his son D.M.Manu and sustained severe injuries, and died at hospital? 2. Whether the respondent No.2 proves that driver of Hero Honda Super Splendor bearing Reg.No.KA-11/L- 8636 has no valid and effective driving license entitling him to drive the nature and class of vehicle? 3. Whether the petitioners are entitled for compensation? if so, at what amount and from whom? 4 What order or award?= 4.1 The appellant No.1/wife of the deceased was examined as PW1 and another witness was examined as PW2. Documents were also marked on behalf of the appellants/claimants as Exhibits P1 to P17. However, no HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 5 documents or evidence was produced by either of the respondents. 5. The learned Tribunal, after examining the evidence based on the FIR (Ex-P1), complaint (Ex-P2), mahazar (Ex-P3), sketch (Ex-P4), PM report (Ex-P5), Inquest report (Ex-P6), statement of witnesses (Ex-P7 & P8) and the IMV report (Ex-P9), found that the negligence stood proved. In addition, the learned Tribunal found that the deceased was unable to prove his income. However, awarded the amounts on the notional income of the deceased at Rs.9,000/- + Rs.2,250 (towards future prospects), which comes to Rs.11,250/- per month. Compensation towards other non-conventional heads were also awarded in the following terms: Sl.No Heads of Compensation Amount (Rs.) 1 Loss of dependency for petitioners who are wife, children and mother of deceased 11,70,000-00 2 On traditional heads A. Loss of Consortium B. Loss of Love and affection C. Towards funeral expenses 40,000-00 15,000-00 15,000-00 Total Compensation 12,40,000-00 HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 6 6. The learned counsel for the appellants/claimants submits that he has only one ground of challenge, which is the calculation of the loss of dependency. He further submits that no amounts have been awarded on account of escalation on the non-pecuniary heads. The learned counsel for respondent No.2/Insurance Company fairly submits that the notional income for the period 2017 was Rs.11,000/-. If Rs.2,750/- is added towards 8future prospects9 as adopted by the learned Tribunal, the notional income of the deceased comes to Rs.13,750/-. Thus, the amounts can be enhanced based on the notional income. 7. As stated above, the deceased at the time of his death was 50 years old and had 2 dependent family members. Thus, the deduction of one-third would be accorded and a multiplier of 8139 would be apposite. Taking the notional income of the deceased at Rs.13,750/- and deducting 1/3rd towards personal expenses and applying multiplier 8139, the compensation towards Loss of Dependency would be as follows: HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 7 Head Amount(Rs.) Loss of dependency 11,000+2,750=13,750/- 13,750/-x2/3rd x12x13 = 14,30,000/- 7.1 The amounts on the non-pecuniary heads also have been inadequately awarded, in as much as since there are two members, the loss of consortium plus escalation would be Rs.88,000/- (Rs.44,000 x 2) thereon. Accordingly, the funeral expenses and loss of estate would also be enhanced accordingly (Rs.16,500/- each). Thus, the compensation awarded by the Tribunal is re-assessed as follows: Sl.No. Heads of Compensation Amount (Rs.) 1 Loss of dependency 14,30,000-00 2 Loss of Consortium 88,000-00 3 Loss of Estate 16,500-00 4 Towards funeral expenses 16,500-00 Total Compensation 15,51,000-00 Less: Awarded by Tribunal 12,40,000-00 Enhanced compensation 3,11,000-00 8. Hence, the appellants/claimants are entitled to a total compensation of Rs.15,51,000/- along with interest HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 8 as awarded by the Tribunal from the date of petition till the date of realization. 9. Accordingly, the Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The Impugned Judgment and Award dated 14.02.2019 in MVC No.1684/2017 passed by the learned Senior Civil Judge and JMFC, Pandavapura, is modified, enhancing the compensation by Rs.3,11,000/- along with interest at the rate of 9% per annum from the date of petition till the date of realization in addition to Rs.12,40,000/- as awarded by the learned Tribunal. (iii) The remaining portion of the Impugned Award of the learned Tribunal remains undisturbed. HC-KAR NC: 2026:KHC:20733 MFA No. 2130 of 2021 9 (iv) The respondent No.2/Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the learned Tribunal, within a period of eight weeks from the date of receipt of a copy of this judgment. (v) On such deposit of compensation, the same shall be released in favour of the appellants/claimants, on filing of an appropriate application by the appellants/claimants for withdrawal of the enhanced amount. (vi) The Registry is directed to draw the modified Award accordingly. (vii) The Registry is directed to transmit a copy of this judgment to the concerned Tribunal. (viii) No order as to costs. (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 28 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA