Karnataka High Court
Smt Kaduramma vs Hanumantharayappa on 21 July, 2025
-1-
NC: 2025:KHC:27207
MFA No. 3193 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 3193 OF 2017 (MV-D)
BETWEEN:
SMT KADURAMMA
W/O LATE THIPPESWAMY
AGED ABOUT 42 YEARS
R/A HALAGALADDI POST
HIRIYUR HOBLI
CHITRADURGA DISTRICT - 577546.
NOW R/A C/O THIPPESWAMY SRIDEVI KRUPA,
5TH MAIN, 2ND CROSS,
NRUPATHUGNA EXTENSION,
JAYANAGAR WEST EXTENSION,
TUMKUR.
APPELLANT
(BY SRI. JAYKUMAR J.,ADVOCATE)
AND:
1. HANUMANTHARAYAPPA
Digitally signed S/O GOWDA HANUMAPPA
by NIRMALA AGED ABOUT 54 YEARS
DEVI R/A HALAGALADDI POST
Location: HIRIYUR TALUK
HIGH COURT CHITRADURGA DISTRICT - 577546.
OF
KARNATAKA 2. UNITED INDIA INSURANCE CO LTD
DIVISIONAL OFFICE, JAYADEVA COMPLEX
BH ROAD, TUMKUR,
POLICY ISSUED AT DIVISIONAL OFFICE
NO.34/3, MMK COMPLEX
AKKAMAHADEVI ROAD
PJ EXTENSION
DAVANAGERE-577002.
RESPONDENTS
(BY SRI. SV HEGDE MULKHAND.,ADVOCATE FOR R2;
-2-
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MFA No. 3193 of 2017
HC-KAR
R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.03.2013 PASSED IN MVC
NO.106/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND MACT-10 AT TUMKUR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR FINAL SUBMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeal is filed by the claimant under Section
173(1) of the Motor Vehicles Act, 19881 challenging the
judgment and award dated 26.03.2013 passed in
MVC.No.106/2012 by the Principal Senior Civil Judge and
MACT-10, Tumkur2 seeking for enhancement of the quantum of
compensation.
2. The Tribunal vide its judgment and award dated
26.03.2013 partly allowed the claim petition and awarded a
total compensation of `3,00,000/- together with interest at 6%
per annum from the date of petition till the date of payment.
Hereinafter referred as to 'Act'
Hereinafter referred as to 'Tribunal'
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3. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only aspect adjudicated upon in the present appeal
is with regard to adequacy of the quantum of compensation
awarded by the Tribunal.
4. The deceased was aged 18 years as on the date of
the accident i.e., on 30.12.2011. The claimant is the mother of
the deceased. The Tribunal, noticing the age of the mother of
the deceased as 38 years has applied the multiplier of '15'. The
multiplier adopted by the Tribunal is erroneous and age of the
deceased ought to be taken into consideration for the purpose
of ascertaining the multiplier. Accordingly, having regard to the
age of the deceased the multiplier to be applied is '18'.
5. It was averred that the claimant was the student
studying Pre-University Course (PUC) and doing coolie work
after college hours, earning `200/- per day. However, no
documents have been produced to demonstrate his income.
Accordingly, the Tribunal has assessed the income of the
deceased at `3,000/- per month. Since the claimant has not
produced any documents to demonstrate the income of the
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deceased, having regard to the date of the accident, the
notional income of the deceased is re-assessed as `6,500/- per
month.
6. 40% is required to be added towards future
prospects in terms of the judgment of the Hon'ble Supreme
Court in the case of NATIONAL INSURANCE COMPANY
LTD V/S PRANAY SETHI AND ORS3 and 1/2 is required
to the deducted towards personal expenses since, the deceased
was a bachelor. Accordingly, the loss of dependency is re-
assessed as (6500 + 40% - 1/2 X 12 X 18) =`9,82,800/- as
against `2,70,000/- awarded by the Tribunal.
7. Loss of consortium is required awarded in terms of
the judgment of the Hon'ble Supreme Court in the case of
MAGMA GENERAL INSURANCE COMPANY V/S NANU
RAM ALIAS CHUBRU RAM AND ORS4, to the claimant at
`40,000/- together with escalation at 20%. Accordingly, the
compensation of `48,000/- is awarded towards the same.
"(2017)16 SCC 680"
"(2018)18 SCC 130"
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8. Loss of estate and funeral expenses is required to
be awarded at `15,000/- each together with escalation at 20%.
Accordingly, the compensation of `18,000/- each is awarded
towards the same as against `10,000/- each awarded by the
Tribunal.
9. Since the compensation has been awarded towards
loss of consortium, the compensation awarded by the Tribunal
towards loss of love and affection is set aside.
10. In view of the aforementioned, the compensation
re-assessed is as follows:
Sl.No Compensation Head Amount Amount awarded
Awarded by the by this Court (`)
Tribunal (`)
1 Loss of dependency 270000.00 982800.00
2 Loss of love and 10000.00 00.00
affection
3 Loss of consortium 00.00 48000.00
3 Loss of estate 10000.00 18000.00
4 Transportation and 10000.00 18000.00
funeral expenses
Total 300000.00 1066800.00
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11. Accordingly, the claimant is entitled to an enhanced
compensation of (`10,66,800/- - `3,00,000/-) = `7,66,800/-.
12. Having regard to the order dated 03.07.2025
passed in the present appeal, the claimant shall not be entitled
for interest for the delayed period of 1389 days.
13. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 26.03.2013 passed
in MVC.No.106/2012 by the Principal Senior Civil
Judge and MACT-10, Tumkur, is hereby modified to
the extent ordered herein. In all other respects,
the judgment and award of the Tribunal remains
unaltered;
iii) The appellant/claimant is entitled to further a
compensation of `7,66,800/- together with interest
at 6% per annum from the date of petition till its
realization, except for the delayed period of 1389
days, in addition to the compensation awarded by
the Tribunal;
iv) Insurer (Respondent No.2 before the Tribunal and
respondent No.2 herein) shall deposit the enhanced
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compensation together with accrued interest within
a period of six weeks;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon is to be disbursed to the claimant in
terms of the judgment of the Tribunal;
vi) The Registry to draw the modified award
accordingly;
vii) Records be transmitted to the Tribunal forthwith.
No costs.
SD/-
(C.M. POONACHA)
JUDGE
PNV
