Smt. Sakamma Vs Sri. Rangappa C

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2024 PASSED IN MVC NO. 302/2021 ON THE FILE OF THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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THIS MFA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:20414 MFA No. 100 of 2025

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 22.02.2024 passed in MVC No.302/2021 on the file of the Principal Senior Civil Judge and MACT IV Davanagere, for enhancing the compensation.

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Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.3/Insurance Company.

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The ranks of the parties are referred to as per their rankings before the Tribunal for the sake of convenience.

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Brief facts of the case are that, one Pradeep.H.M S/o Manjappa, met with an accident on

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4 - NC: 2026:KHC:20414 MFA No. 100 of 2025

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HC-KAR

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07.08.2020 and died subsequently. His parents, brothers

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and Sister filed a claim petition claiming compensation of Rs.60,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.23,70,265/- with interest at the rate of 6% per annum from the date of petition till realisation. Being aggrieved by the said order, the claimants have preferred this appeal.

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It is stated that the deceased-Pradeep was doing mason work and earning Rs.20,000/- per month, but the Tribunal has taken his income at Rs.14,000/- and 50% is deducted towards his personal expenses. Though he has five dependants, the loss of dependency calculated is on lower side and thus, prays for enhancement of compensation awarded under the head ‘loss of dependency’.

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Though it is stated that deceased was earning Rs.20,000/- per month, the claimants have not filed any

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HC-KAR

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proof of income. The accident has occurred in the year 2020, as such this Court finds it reasonable to take the notional income of the deceased as Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 19 years at the time of accident and the appropriate multiplier applicable is ‘18’.

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The claimants are also entitled to addition of 40% towards future prospects. Since the deceased was a bachelor, 50% of the income is to be deducted towards his personal expenses. Accordingly, the loss of dependency is calculated as under:

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Rs.14,500/- + 40% (Rs.5,800/-) = Rs.20,300/-

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Rs.20,300/- × 12 × 18 - 50% = Rs.21,92,400/-

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The Tribunal has granted a sum of

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Rs.1,58,464/- towards ‘medical expenses, which is just and proper and needs no interference.

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HC-KAR

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The Petitioner Nos.1 and 2 being parents of the

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deceased, each of them are entitled for a sum of Rs.44,000/- towards 'filial consortium', which comes to

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Rs.88,000/- .

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The claimants are also entitled for Rs.33,000/under the conventional heads, which comes to

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Rs.33,000/-.

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Thus in all, compensation awarded by this Court

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is as below:

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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	21,92,400/-
2	Medical bills	1,58,464/-
3	Towards filial consortium	88,000/-
4	Towards conventional heads	33,000/-
	Total	24,71,864/-

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Hence, the appellants-claimants are entitled for a total compensation of Rs.24,71,864/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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NC: 2026:KHC:20414 MFA No. 100 of 2025

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HC-KAR

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ORDER

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i. The appeal is allowed in part.

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ii. The judgment and award dated 22.02.2024 passed in MVC No.302/2021 on the file of the Principal Senior Civil Judge and MACT IV, Davanagere, is modified.

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iii. The claimants are entitled to a sum of Rs.24,71,864/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,70,265/granted by the Tribunal.

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iv Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.1,01,599/- along with the interest at the rate of 6% within one month from the date of this order.

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