Smt Rathna Vs Sri Shashikantha

SRI. SHASHIKANTHA S/O LATE BASAVARAJU, NOW AGED ABOUT 39 YEARS, RESIDING AT NO.15, NILANA KOPPALU VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438.

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THE DIVISIONAL MANAGER H.D.F.C ERGO GENERAL INSURANCE COMPANY LTD., 2^ND FLOOR, MYSORE TREAD CENTER INFRONT OF K.S.R.T.C., BUS STAND, B.M. ROAD,

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2 - NC: 2026:KHC:37138 MFA No. 1809 of 2026

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HC-KAR

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CNR: KAHC010171972026

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MYSORE - 570 001.

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2;

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VIDE ORDER DATED 20.07.2026 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2024 PASSED IN MVC NO.244/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 29.11.2024 passed in MVC No.244/2022 by Principal Senior Civil Judge and Member, MACT, Srirangapatna.

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Even though the matter is listed today for order/admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

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HC-KAR

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CNR: KAHC010171972026

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The appellant/claimant made a claim petition seeking for award of compensation for the death of Vishwanath (son of the claimant) in a road traffic accident occurred on 18.06.2021 contending that the accident occurred due to rash and negligent driving by the driver of Tipper Lorry bearing registration No.KA-11-A-9566.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

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compensation under various heads as under:

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Sl. No.	Particulars		Amount
1.	Towards loss of income from deceased	Rs.	19,50,696/-
2.	Towards funeral expenses, transportation charges, consortium, loss of estate.	Rs.	70,000/-
3.	Towards escalation	Rs.	7,000/-
	Total	Rs.	20,27,696/- (Rounded off to Rs.20,28,000/-)

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HC-KAR

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CNR: KAHC010171972026

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The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of

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compensation.

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Heard the learned counsel for appellant and

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learned counsel for respondent No.2/insurer.

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Learned counsel for the appellant would contend that, the deceased was working as a Bar bender under P.W.2. There is evidence in that regard and inspite of that, the Tribunal has erred in taking the income based on minimum wages at Rs.12,901/-. The deceased was a skilled worker and therefore higher income than the chart income is to be taken. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.2/insurer

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would contend that, the Tribunal has rightly taken the

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HC-KAR

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CNR: KAHC010171972026

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income of the deceased and calculated loss of dependency. The conventional heads are also awarded taking escalation and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard both the learned counsel for

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appellant and learned counsel for respondent No.2/insurer, the Court has perused the Judgment, Award and other materials placed on record.

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The date of accident is 18.06.2021 and as on the date of accident, the deceased was aged twenty five (25) years. The claimant is the mother of deceased. The deceased was bachelor. The case of the claimant is that, the deceased was working as a Bar bender under P.W.2 and earning Rs.21,000/- per month. P.W.2 is a Contractor under whom the deceased was working. P.W.2 has given evidence with regard to the deceased was working under him as a Bar bender. As no supporting documents are produced, the Tribunal has not taken the income of

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HC-KAR

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CNR: KAHC010171972026

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deceased as stated by P.W.2 i.e., Rs.21,000/-. The Tribunal has taken the income at Rs.12,901/- based on minimum wages. The notional income fixed by the Karnataka State Legal Services Authority for the year 2021 is Rs.15,000/-. Since the deceased was a skilled worker i.e., doing Bar bending work, higher income than the chart income is to be taken. Therefore, the income of the deceased is taken at Rs.17,000/- per month. As the deceased was aged about twenty five (25) years, future prospects are to be taken at 40% and multiplier applicable is '18' and 1/2 of the income is to be deducted towards personal and living expenses. In view of the same, loss of dependency is calculated as under:

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17,000 = 40%(6,800) = 23,800 - 50% = 11,900 X 12 X 18 = 25,70,400.

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The Tribunal has rightly awarded the

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compensation under conventional heads in a sum of Rs.70,000/- with 10% escalation in a sum of Rs.7,000/-.

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HC-KAR

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NC: 2026:KHC:37138 MFA No. 1809 of 2026

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CNR: KAHC010171972026

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Considering all the above aspects, the claimant is entitled to enhanced compensation of Rs.6,19,704/(25,70,400 - 19,50,696) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.2/insurer is liable to pay

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enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The claimant is entitled to enhanced compensation of Rs.6,19,704/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9%

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