- 1 - HC-KAR NC: 2026:KHC-D:775 MFA No. 101073 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101073 OF 2021 (MV-D) BETWEEN: 1. SMT. RUKA BAI W/O. LATE H RAMU NAIK, AGED ABOUT 32 YEARS, OCC. HOUSEWIFE, 2. MINOR D PAVITHRA BAI D/O. LATE H RAMU NAIK, AGED ABOUT 15 YEARS, OCC. STUDENT, 3. MINOR JOHNSON S/O. LATE H RAMU NAIK, AGED ABOUT 13 YEARS, OCC. STUDENT, PETITIONER NOS.2 AND 3 ARE SINCE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER PETITIONER NO.1 ALL ARE R/O. HONNAHALLI THANDA, BALLARI TALUK AND DISTRICT-583101. …APPELLANTS (BY SMT. S.S. VAKKUND, ADVOCATE FOR SRI. Y.LAKSHMIKANT REDDY, ADVOCATE) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:775 MFA No. 101073 of 2021 AND: 1. RAMESH NAIK R. S/O. MANU NAIK R., AGED ABOUT 36 YEARS, DRIVER OF THE LORRY, BEARING NO.KA-34/B-5828, R/O. HONNAHALLI THANDA, BALLARI TALUK AND DISTRICT-583101. 2. YA MALIK TRANSPORT, OWNER OF THE LORRY BEARING NO.KA-34/B-5828, R/O. PLOT NO.10, W.NO.5/6, SY.NO.723B1, GUGGARAHATTI, BALLARI-583101. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, GSR TOWERS, PARVATHI NAGAR, SIRUGUPPA ROAD, BALLARI-583101. …RESPONDENTS (BY SMT. ARUNA R.DESHAPANDE, ADVOCATE FOR R3; NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 02.03.2021 PASSED IN MVC NO.894/2019 ON THE FILE OF THE MEMBER, MOTOR ACCIDENTS CLAIM TRIBUNAL-XII, BALLARI BY ENHANCING THE COMPENSATION RS.17,77,800/- TO RS.30,00,000/- TO THE APPELLANT AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:775 MFA No. 101073 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC No.894/2019 dated 02.03.2021 by the Member, MACT-XII, Ballari, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation for the death of the deceased in the road traffic accident that took place on 04.01.2019. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 16,12,800/- 2. Loss of estate : Rs. 16,500/- 3. Funeral expenses : Rs. 16,500/- 4. Loss of consortium : Rs. 1,32,000/- TOTAL : Rs. 17,77,800/- 3. Learned counsel appearing for the appellants/claimants submits that the accident had taken place in the year 2019 and the Tribunal had taken the income at Rs.9,000/- per month. It is submitted that on all the other conventional heads also, the compensation that is awarded by the Tribunal is not just and reasonable. - 4 - HC-KAR NC: 2026:KHC-D:775 MFA No. 101073 of 2021 4. The learned counsel appearing for the respondent/Insurance Company submits that considering all the aspects, the Tribunal had rightly granted the compensation and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. The accident had occurred in the year 2019. Hence, as per the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the notional income of the deceased at Rs.13,250/- per month. As the deceased was aged about 32 years, future prospects has to be added at 40%, which comes to Rs.5,300/-. Then the income of the deceased comes to Rs.18,550/-. As there are three claimants, 1/3rd has to be deducted towards personal expenses, which comes to Rs.6,183/-. Then his contribution to the family would be Rs.12,367/- per month. Accordingly, the claimants are entitled to an amount of Rs.23,74,464/- (Rs.12,367 x 12 x 16) under the head of loss of dependency. Then coming to the loss of consortium, the claimants are entitled to Rs.1,44,000/- (Rs.48,000 x 3). This Court is granting an amount of Rs.36,000/- towards funeral expenses. - 5 - HC-KAR NC: 2026:KHC-D:775 MFA No. 101073 of 2021 6. In the light of the law laid down by the Hon'ble Apex Court in the case of V.Mekala Vs. M. Malathi And Another1, the claimants would be entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 16,12,800/- 23,74,464/- 2. Funeral expenses and loss of estate : Rs. 33,000/- (16,500 +16,500) 36,000/- 3. Loss of consortium : Rs. 1,32,000/- ] 1,44,000/- 4. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 17,77,800/- 25,64,464/- 8. Altogether, the claimants are entitled for an amount of Rs.25,64,464/-. 9. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.17,77,800/- to Rs.25,64,464/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:775 MFA No. 101073 of 2021 ii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv.Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v.No costs. vi.Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 20