Allowed¶59

Smt. Kumari Bai v. K.M. Vinod

Karnataka HC5 Aug 2025MFA/1502/2016

Case brief

AI extract

What is this about?

Keywords: enhancement of compensation; multiplier 18 vs 13; age of deceased; 40% future prospects; 50% personal expense deduction; filial consortium; loss of dependency; transportation and funeral expenses; Section 173(1) Motor Vehicles Act 1988; MVC No.1076/2013 Bhadravathi; United India Insurance Co. Ltd.; Karnataka High Court, decision dated 05.08.2025.

What did the court decide?

Compensation enhanced from Rs.8,22,000/- to Rs.20,14,000/- with interest at 6% p.a. from the date of petition till the date of realization; Respondent No.3 (insurer) directed to deposit the amount within one month; appellant permitted to withdraw the entire amount with accrued interest. ¶59

Smt. Kumari Bai Vs K.M. Vinod — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the multiplier should be 18 based on the age of the deceased (22 years) rather than 13 taken with reference to the age of the mother. +2 more

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Court's answer

Deceased being admittedly aged 22 years, the court adopted the multiplier of 18 (the trial court had used 13 taking the mother's age).

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Ratio / Principle

Monthly income of the deceased as taken by the trial court at Rs.10,000/- (based on school certificates and Ex.P26) was left undisturbed.

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Key takeaways

Deceased being unmarried, 50% was deducted towards personal expenses and 40% added towards future prospects, fixing the monthly income for dependency at Rs.9,000/- (Rs.5,000 + Rs.4,000).ratio¶36
Loss of dependency computed at Rs.9,000 x 12 x 18 = Rs.19,44,000/-.ratio¶45
Appellant, as mother of the deceased, held entitled to Rs.40,000/- towards filial consortium, Rs.15,000/- towards transportation and Rs.15,000/- towards funeral expenses.ratio

Detailed headnote1 paragraphs

Enhancement - MFA under S.173(1) of the Motor Vehicles Act, 1988 by the mother (claimant) of Shwetha, aged about 22, who died in a road accident on 27.12.2011 involving a Hyundai Santro car (Reg. No. KA-18/N-1897); the Tribunal (Additional Senior Civil Judge and JMFC and Additional MACT-12, Bhadravathi) had awarded Rs.8,22,000/- with 6% interest. Held: multiplier of 18 adopted having regard to the deceased's age of 22 years (trial court had used 13 on the mother's age); assessed income of Rs.10,000/- p.m. left undisturbed; 50% deducted towards personal expenses (deceased unmarried) and 40% added towards future prospects, fixing dependency income at Rs.9,000/- p.m.; loss of dependency Rs.19,44,000/-; filial consortium Rs.40,000/-; transportation Rs.15,000/-; funeral expenses Rs.15,000/-; total compensation enhanced to Rs.20,14,000/- with interest at 6% p.a. from the date of petition till realization; appeal allowed; insurer-Respondent No.3 directed to deposit within one month.

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NC: 2025:KHC:30399 MFA No. 1502 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1502/2016(MV-D)

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BETWEEN:

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SMT. KUMARI BAI, W/O LATE SUNDAR NAIK, AGED ABOUT 48 YEARS, R/O DOOR NO.201, 12^TH CROSS, OF THANDA, THIMMALAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT.

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…APPELLANT

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(BY SRI. SHRIPAD V SHASTRI ., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High court of Karnataka

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K.M. VINOD, S/O MALLAPPA K.B., AGED ABOUT 25 YEARS, DRIVER OF HUNDAI SANTRO CAR, BEARING REG.NO.KA-18/N-1897, R/O KUDLOOR VILLAGE, THARIKERE TALUK, CHIKKAMAGALURU DIST.

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K.S.MALLAPPA, S/O K. BASAPPA, MAJOR, OWNER OF HUNDAI SANTRO CAR BEARING REG.NO.KA-18/N-1897, R/O KUDLOOR VILLAGE, THARIKERE TQ. CHIKKAMAGALURU DIST.

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2 - NC: 2025:KHC:30399 MFA No. 1502 of 2016

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HC-KAR

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, MMK COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-2.

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…RESPONDENTS

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(BY SRI. A N KRISHNASWAMY FOR R3, ADVOCATE, NOTICE TO R1 & R2 IS D/W V/O DTD:15.09.2017)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.01.2015 PASSED IN MVC NO.1076/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AND ADDITIONAL MACT12, BHADRAVATHI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant under Section

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173(1) of Motor Vehicles Act, 1988 seeking enhancement of compensation in MVC No.1076/2013 dated 28.01.2015 on the file of the Additional Senior Civil Judge and JMFC., and Additional MACT-12, Bhadravathi.

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3 - NC: 2025:KHC:30399 MFA No. 1502 of 2016

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HC-KAR

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Heard the arguments of the learned counsel

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for the appellant and learned counsel for respondent No.3. Notice to respondent Nos.1 and 2 are dispensed with vide order dated 15.09.2017.

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The brief case of the appellant is that the daughter of the petitioner by name Shwetha aged about 22 years, met with an accident on 27.12.2011 and her mother filed claim application claiming compensation of Rs.52,00,000/-. The Tribunal considering the oral and documentary evidence on record had granted an amount Rs.8,22,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment. Aggrieved by the said order, this appeal is preferred by the appellant.

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Learned counsel for the appellant contended that the multiplier is to be taken as 18 instead of 13.

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The trial court erred in taking the age of the mother, instead of taking the age of the deceased. It is further

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HC-KAR

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contended that 50% towards loss of future prospects was not granted. Also more amount ought to have been granted under the head transportation, funeral expenses, loss of estate, loss of love and affection and thus requested for enhancement of the compensation.

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Admittedly, deceased was aged 22 years, therefore, this court finds it reasonable to take the multiplier as 18. Hence, the income of the deceased, considering her school certificates and also Ex.P26, the trial court has taken her income as Rs.10,000/- and this court finds no reason to interfere with the said order. Also, as she was unmarried she is entitled for deduction of 50% towards her personal expenses and also entitled for 40% towards future prospects. Therefore, calculation towards Loss of dependence is as per the below,

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Half of Rs.10,000/- is to be deducted, hence ½ of

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Rs.10,000/- = Rs.5,000/- is to be deducted.

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HC-KAR

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Further, 40% to be added = Rs.4,000/-

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(Rs.10,000x40% = Rs.4,000/-)

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Total income = Rs.5,000 + 4,000 = Rs.9,000/-

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Loss of dependency = Rs.9,000 x 12 x 18 x =

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Rs.19,44,000/-

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Further, appellant is the mother of deceased

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hence she is entitled for Rs.40,000/- towards loss of Filial consortium. Further entitled for Rs.15,000/- towards transportation and 15,000/- towards funeral expenses.

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Thus in all, this Court has awarded the

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compensation under various heads as follows:

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Particulars	Amount
	in Rs.
Loss of dependency	19,44,000
Filial consortium	40,000
Transportation and	30,000
funeral expenses
Total	20,14,000/-

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6 - NC: 2025:KHC:30399 MFA No. 1502 of 2016

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HC-KAR

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Hence, the appellant-claimant is entitled for a

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total enhanced compensation from Rs.8,22,000/- to

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Rs.20,14,000/- along with interest at the rate of 6%

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p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed .

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ii. The judgment and award in MVC

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No.1076/2013 dated 28.01.2015 on the file of the Additional Senior Civil Judge and JMFC., and Additional MACT-

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12, Bhadravathi, is hereby enhanced;

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iii. The claimant is entitled to a sum of Rs.20,14,000/- along with interest at 6% p.a., from the date of petition till the date of realization, as against Rs.8,22,000/-.

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