Karnataka High Court
Sri S V Basappa vs Sri Siddaramu on 21 July, 2025
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2025:KHC:27242-DB
MFA No. 8002 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8002 OF 2019 (MV-D)
BETWEEN:
1. SRI.S.V. BASAPPA
S/O. LATE VEERABHADRAIAHSHETTI
AGED ABOUT 59 YEARS,
2. SMT USHA
W/O. S V BASAPPA
AGED ABOUT 42 YEARS,
BOTH ARE R/AT PICHALLI VILLAGE,
GHATTAKAMEDENAHALLI POST,
ROBERTSONPET TALUK,
Digitally BANGRPET TALUK,
signed by KOLAR DISTRICT-563121.
VANAMALA
N
PERMANENT R/AT SETTIBANAKANAHALLI,
Location:
High Court MULABAGAL TALUK,
of KOLAR DISTRICT-563131.
Karnataka
...APPELLANTS
(BY SRI. G. UDAY KUMAR, ADVOCATE FOR
SRI. RAMESHA M N.,ADVOCATE)
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MFA No. 8002 of 2019
HC-KAR
AND:
1. SRI SIDDARAMU
S/O. PUTTALINGAIAH,
R/A BETATHURU VILLAGE,
KALUGOPALAHALLI VILLAGE,
BIDADI HOBLI, RAMANAGAR TLAUK,
RAMANAGARA-562109.
2. ROYAL SUNDARAM GENERAL INS. COM. LTD.,
NO.30, 3RD FLOOR,
JNR CITY CENTRE,
RAJARAM MOHAN ROY ROAD,
SAMPANGIRAMA NAGAR,
BENGALURU-560027.
...RESPONDENTS
(BY SRI.P.S. JAGADEESH., ADVOCATE FOR
SRI. P.B. RAJU, ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED
31.07.2019 PASSED IN MVC NO.5790/2017 ON THE
FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, MACT, BENGALURU (SCCH-16), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE B M SHYAM PRASAD
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MFA No. 8002 of 2019
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)
This appeal is by the claimants in MVC
No.5790/2017 on the file of the X Additional Judge,
Court of Small Causes and Motor Accident Claims
Tribunal, Bengaluru [for short, 'the Tribunal']. The
Tribunal, by the impugned Judgment and Award
dated 31.07.2019, has granted to the claimants1, who
are the parents of the deceased Vijayakumar, a total
compensation Rs.13,15,200/- along with interest at
the rate of 9% per annum from the date of petition till
realization. The Tribunal has awarded compensation
of Rs.13,15,200/-under the following heads:
Sl.No. Head of Compensation Amount [Rs]
1 Loss of dependency 12,85,200-00
2 Loss of estate 15,000-00
3 Funeral and Transportation 15,000-00
expenses
Total 13,15,200-00
1 The appellant and the contesting respondent, for reasons of
convenience, are referred to as 'the Claimant' and 'the Insurer'.
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2. Sri Udaya Kumar, the learned counsel who
appears for the appellant, and Sri P.S.Jagadeesh,
who appears for Sri P.B.Raju, the learned counsel on
record for the Insurer [the second respondent], submit
that there is no dispute that the claimants are the
parents of the deceased who has died in a road
accident on 23.08.2017 and that the Insurer is liable
to pay the compensation to indemnify the owner of
the vehicle. The learned counsels submit that the
only question for consideration is:
Whether there must be enhancement in the
compensation awarded towards loss of
dependency with a further amount towards
loss of consortium.
3. Sri Uday Kumar submits that the deceased
[Sri Vijay Kumar] was a priest and running a juice
centre and the fact that he was running this centre is
probabilized by the evidence on record. In this regard,
the learned counsel emphasizes that a lease deed is
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marked as an exhibit, and this shows that the
deceased was paying monthly rent of Rs.3,500/- for
his business premises of running juice centre, but
the learned counsel cannot assert that there is proof
of actual income.
4. When there is no proof of actual income,
this Court takes the notional income as per the
schedule that is evolved for the purposes of
settlement in Lok-Adalat, and according to this
schedule, in the claim petitions arising out of the
accidents in the year 2017, the notional income is
taken at Rs.11,000/- per month. This Court finds
that the loss of dependency must be computed taking
such income [Rs.11,000/-] as the notional income of
the deceased when it is not in dispute that he was
working as a priest and running a tea stall. Further,
there is no dispute that there must be addition
towards the deceased's prospects at 40% of the
notional income and that deduction towards personal
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expenses of the deceased must be 50% because he
has died a bachelor. The Tribunal has taken the
multiplier of '17' and that is the multiplier that
should be taken.
5. If the loss of dependency is re-computed
taking these parameters, there would be an award of
Rs.16,63,200/- as against Rs.12,85,200/-. The
computation of loss of dependency resulting in the
enhancement is as aforesaid as per the following
table.
Details for Computation of Loss of Dependency
Monthly Income Rs. 11,000/-
Addition towards Future Prospects 40% Rs. 4,400/-
Monthly Income + Future
Prospects Rs. 15,400/-
Annual Income Rs. 1,84,800/-
Deduction Towards personal
50% Rs. 92,400/-
expenses
Multiplicand [After Deduction
towards Rs. 92,400/-
personal Expenses]
Multiplier 18 .
Loss of Dependency Rs.16,63,200/-
6. The claimants are the parents, and they
have lost their son. They are entitled for loss of
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consortium. The accident is in the year 2017, and
each of the parents must be granted consortium in a
sum of Rs.50,000/-. There must be enhancement
accordingly. In the light of the afore, the claimants
are granted enhancement of compensation in a sum
of Rs.4,78,000/- which is brought out by this
comparative table.
By the Tribunal By this Court
Loss of dependency Rs.12,85,200/- Rs.16,63,200
Loss of Consortium - Rs.1,00,000/-
Loss of estate Rs.15,000/- Rs.15,000/-
Funeral and Rs.15,000/- Rs.15,000/-
transportation
expenses.
Total Rs.13,15,200/- Rs.17,93,200/-
Enhanced compensation Rs.4,78,000/-
ORDER
The appeal is allowed-in-part granting to the
claimants-appellants the enhanced compensation
in a sum of Rs.4,78,000/- along with interest at the
rate of 6% per annum calling upon the Insurer to
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deposit this amount with the Tribunal within eight
weeks from the date of receipt of a certified copy.
The office is also directed to transmit the
records to the Tribunal at the earliest.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(B M SHYAM PRASAD)
JUDGE
SA
ct:sr
