Allowed¶73

Yallamma and Ors. v. Managing Director Nekrtc

Karnataka HC2 Jun 2025MFA/201763/2024

Case brief

AI extract

What is this about?

MFA(MV) enhancement of compensation; fatal motorcycle-bus collision 15.03.2021; NEKRTC bus rash and negligent driving; 40% future prospects for self-employed deceased aged 38; loss of consortium Rs.40,000/- each claimant; multiplier 15 with 1/5 deduction; Pranay Sethi followed; 6% interest from date of claim petition; Sections 166 and 173(1) MV Act; High Court of Karnataka, Kalaburagi Bench; Justice Ravi V Hosmani; enhanced compensation Rs.32,87,095/-.

What did the court decide?

Enhancement of compensation from Rs.22,51,300/- to Rs.32,87,095/-, payable by the respondent-Corporation with 6% interest p.a. from the date of claim petition till deposit ¶73

Yallamma and Ors. Vs Managing Director Nekrtc — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhancement of compensation from Rs.22,51,300/- to Rs.32,87,095/-, payable by the respondent-Corporation with 6% interest p.a. from the date of claim petition till deposit

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Issue for consideration

Whether the claimants are entitled for enhancement of compensation as sought for?

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Court's answer

Following Pranay Sethi, since the deceased was aged 38 years and self-employed, 40% was added towards future prospects to the Tribunal-assessed monthly income of Rs.14,250/-; loss of dependency recomputed at Rs.28,72,800/- (x 12 x multiplier 15, less 1/5 towards personal expenses)

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Ratio / Principle

Claimants entitled to Rs.40,000/- each towards loss of consortium, totalling Rs.2,80,000/-

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Key takeaways

Claimants entitled to Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estateratio¶69
As the deceased died during treatment, the Tribunal's award of Rs.1,29,295/- towards medical expenses was upheld and claimants held entitled to the sameratio¶69
Total compensation worked out at Rs.33,12,095/-; deducting Rs.25,000/- paid as ex-gratia immediately after the accident, total compensation payable fixed at Rs.32,87,095/-ratio

Detailed headnote1 paragraphs

Motor Vehicles Act – Appeal under S.173(1) against MACT award (Principal Senior Civil Judge and M.A.C.T.-V, Vijayapura, MVC No.952/2021, dt.07.10.2023) arising out of fatal accident of 15.03.2021 in which a NEKRTC bus (KA-29/F-1223) dashed against the deceased's motorcycle (KA-28/X-9225) – Enhancement allowed: applying National Insurance Company Limited V. Pranay Sethi and Others, AIR 2017 Supreme Court 5157, 40% added towards future prospects to notional monthly income of Rs.14,250/- (deceased aged 38, self-employed); loss of dependency recomputed at Rs.28,72,800/- (multiplier 15, 1/5 deducted); loss of consortium Rs.40,000/- to each claimant, totalling Rs.2,80,000/-; funeral expenses Rs.15,000/-; loss of estate Rs.15,000/-; medical expenses Rs.1,29,295/- upheld; total Rs.33,12,095/- less Rs.25,000/- ex-gratia = Rs.32,87,095/- with 6% interest from date of claim petition till deposit (against Rs.22,51,300/- awarded by Tribunal).

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1 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 2^ND DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI

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MISCL. FIRST APPEAL NO.201763 OF 2024 (MV-D)

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BETWEEN:

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YALLAMMA W/O DANDAPPA MADAR, AGE: 38 YEARS, OCC: HOUSEHOLD WORK,

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ANITA

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D/O DANDAPPA MADAR, AGE: 20 YEARS, OCC: STUDENT.

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Digitally signed by RAMESH MATHAPATI

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Location: HIGH COURT OF KARNATAKA

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SAKKUBAI D/O DANDAPPA MADAR, AGE: 17 YEARS, OCC: STUDENT,

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SOUNDRAY D/O DANDAPPA MADAR, AGE: 16 YEARS, OCC: STUDENT,

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PRAJWAL

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S/O DANDAPPA MADAR, AGE: 14 YEARS, OCC: STUDENT,

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DURGAWWA

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W/O YAMANAPPA HADARAL @ MADAR, AGE: 61 YEARS,

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2 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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OCC: HOUSEHOLD WORK,

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YAMANAPPA S/O DANDAPPA HADARAL @ MADAR, AGE: 71 YEARS, OCC: AGRICULTURE, APPELLANT NO.3 TO 5 ARE MINORS, U/G OF APPELLANT NO.1, ALL ARE R/O: BILL KERUR, TQ: AND DIST: BAGALKOT, NOW AT CHALMI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA – 586 101.

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…APPELLANTS

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(BY SRI SANGANABASAVA B.PATIL, ADVOCATE)

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AND:

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MANAGING DIRECTOR N.E.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBLI, THROUGH, THE DIVISIONAL MANAGER, N.E.K.R.T.C. BAGALKOT DIVISION – 587 101.

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…RESPONDENT

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(BY SRI SHARANABASAPPA M.PATIL, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T.-V, AT VIJAYAPUR, AT VIJAYAPURA IN M.V.C.NO.952/2021 DATED 07.10.2023 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS

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3 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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PRAYED FAR BY THE APPELLANTS HEREIN IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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Challenging judgment and award dated 07.10.2023 passed by Principal Senior Civil Judge and M.A.C.T., Vijayapura in MVC No.952/2021 this appeal is filed.

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Sri Sanganabasava B Patil, learned counsel for claimants submitted that in an accident that occurred on 15.03.2021, Dandappa Madar riding his motorcycle bearing registration No.KA-28/X-9225 sustained fatal injuries, when bus belonging to respondent bearing registration no.KA-29/F-1223 dashed against motorcycle, due to rash and negligent driving of bus driver. Despite taking treatment at Dr.H.R.Katti hospital, Bagalkot, he

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4 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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died on 17.03.2021. His wife, four minor children and

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parents filed claim petition under Section 166 of MV Act.

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On appearance, respondent-Corporation

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opposed petition on various grounds. Trial Court framed issues and recorded evidence, wherein claimant no.1 was examined as PW-1 and got marked Ex.P-1 to P-12. Conductor of bus was examined as RW-1 and Ex.R-1 to R7 were marked.

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On consideration, Tribunal held that accident

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had occurred due to rash and negligent driving by driver of bus and therefore, claimants were entitled for compensation computed as under and held Corporation liable to pay same with 6% interest:

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Heads	Compensation Amount
Loss of income due to	Rs.20,52,000/-
Dependency
Towards loss of consortium	Rs.40,000/-
Towards loss of estate	Rs.15,000/-

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5 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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Towards Transportation and Funeral Expenses	Rs.15,000/-
Medical Expenses	Rs.1,29,295/-
Total	Rs.22,51,295/-
Rounded off to	Rs.22,51,300/-

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Not satisfied with same, claimants are in

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appeal.

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Learned counsel for appellants submits that while assessing compensation, Tribunal did not add future prospects and awarded inadequate compensation under loss of consortium. Hence, he prayed for allowing this appeal.

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Sri Sharanabasappa M Patil, learned counsel for

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respondent-Corporation would oppose this petition.

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Heard learned counsel and perused impugned

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judgment and award.

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Since, occurrence of accident involving bus belonging to respondent-Corporation, resulting in death of

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6 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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Dandappa due to rash and negligent driving by driver of bus and claimants being entitled for compensation from respondent-Corporation are not in dispute and as claimants are seeking enhancement, only point that would arise for consideration is “whether claimants are entitled for enhancement of compensation as sought for?”

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Said point is answered partly in affirmative for following reasons.

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Hon’ble Supreme Court in case of National Insurance Company Limited V. Pranay Sethi and Others reported in AIR 2017 Supreme Court 5157 has held that even in case of assessment of monthly income of deceased notionally, claimants would be entitled for addition towards future prospects. Deceased was aged 38 years and self employed. Corresponding addition towards future prospects would be 40%. Tribunal had taken monthly income of deceased at Rs.14,250/-. Consequently, computation of loss of dependency would

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7 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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be: Rs.14,250/- + 40% x 12 x 15 – 1/5 (towards personal expenses)= Rs.28,72,800/-.

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Apart from same compensation, claimants

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would be entitled to Rs.40,000/- each i.e. total of Rs.2,80,000/- towards loss of consortium, Rs.15,000/towards funeral expenses and Rs.15,000/- towards loss of estate. Since, deceased died during treatment, Tribunal awarded Rs.1,29,295/- towards medical expenses and claimants would be entitled for same. Thus, total compensation would be Rs.33,12,095/-. Tribunal had deducted Rs.25,000/paid as ex-gratia amount immediately after accident. After deducting same, total compensation payable would be Rs.32,87,095/-. Point for consideration is answered partly in affirmative as above.

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Respondent-Corporation would be liable to pay said compensation with 6% interest from date of claim petition, till payment of entire compensation.

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8 - NC: 2025:KHC-K:2786 MFA No. 201763 of 2024

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HC-KAR

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Consequently, appeal is allowed. Claimants are

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held entitled for total compensation of Rs.32,87,095/- as against Rs.22,51,300/- awarded by Tribunal. RespondentCorporation would be liable to pay same with 6% interest p.a. from the date of claim petition till deposit.

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Sd/(RAVI V HOSMANI) JUDGE

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NJ List No.: 1 Sl No.: 29 Ct;Vk

Yallamma and Ors. v. Managing Director Nekrtc

Case brief

What is this about?

What did the court decide?

Yallamma and Ors. v. Managing Director Nekrtc

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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