Karnataka High Court
Subhas Naik vs Bhaskar Kulal on 19 June, 2025
-1-
NC: 2025:KHC:21332
MFA No. 6261 of 2017
C/W MFA No. 2886 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6261 OF 2017 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2886 OF 2017 (MV-D)
IN MFA No. 6261/2017
BETWEEN:
1. SUBHAS NAIK
S/O SUKADYA NAIK,
AGED ABOUT 51 YEARS
2. BABY BAI
W/O SUBHAS NAIK,
AGED ABOUT 42 YEARS
3. PRATHIMA
D/O SUBHAS NAIK,
AGED ABOUT 18 YEARS
ALL ARE R/AT BASTHI GUDDI,
GANDHI NAGAR,
KOKKARNE, PEJAMANGUR VILLAGE,
Digitally signed UDUPI TALUK AND DISTRICT-576101
by NIRMALA ...APPELLANTS
DEVI (BY SRI. GANESHA R, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. BHASKAR KULAL
S/O LATE KUSHTA KULAL,
AGE MAJOR,
R/AT NIDDADI, BIDKALKATTE,
HARDALLI-MANDALLI VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT-576201
2. DIVISIONAL MANAGER
ORIENTAL INSURANCE CO LTD.,
2ND FLOOR, VISHNUPRAKASH BUILDING,
-2-
NC: 2025:KHC:21332
MFA No. 6261 of 2017
C/W MFA No. 2886 of 2017
HC-KAR
UDUPI TALUK AND DISTRICT-576101
...RESPONDENTS
(BY SMT HARINI SHIVANAND, ADVOCATE FOR R2
R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.12.2016 PASSED IN MVC
NO.406/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE,
UDUPI AND ADDITIONAL MACT, UDUPI. PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ETC.
IN MFA NO. 2886/2017
BETWEEN:
DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO LTD
II FLOOR, VISHNUPRAKASH BUILDING,
UDUPI TQ AND DISTRICT
NOW REPRESENTED BY ITS REGIONAL MANAGER,
REGIONAL OFFICE 2ND FLOOR,
SUMANGALA COMPLEX,
LAMINGTON ROAD,
HUBLI - 580020
...APPELLANT
(BY SMT . HARINI SHIVANANDA, ADVOCATE)
AND:
1. SUBHAS NAIK
AGED ABOUT 51 YEARS
S/O SUKADYA NAIK
2. BABY BAI
AGED ABOUT 42 YEARS
W/O SUBHAS NAIK
3. PRATHIMA
AGED ABOUT 18 YEARS
D/O SUBHAS NAIK
SINCE MINOR REP BY GUARDIAN
FATHER SUBHAS NAIK
ALL ARE R/A BASTHI GUDDI,
GANDHINAGAR, KOKKARNE
PEJAMANGUR VILLAGE
-3-
NC: 2025:KHC:21332
MFA No. 6261 of 2017
C/W MFA No. 2886 of 2017
HC-KAR
UDUPI TQ AND DISTRICT - 576101
4. BHASKAR KULAL
MAJOR
S/O LATE KUSHTA KULALA
R/A NIDDADI, BIDKALKATTE
HARDALLI - MANDALI VILLAGE
KUNDAPURA TALUK - 576228
...RESPONDENTS
(R1 TO R4 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.12.2016 PASSED IN MVC
NO.406/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE & ADDITIONAL MACT, UDUPI, AWARDING
COMPENSATION OF Rs.11,82,000/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL DEPOSIT AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeals are filed calling in question the
judgment and award dated 28.12.2016 passed in
MVC.No.406/2015 by the Additional Motor Accidents Claims
Tribunal and Principal Senior Civil Judge Udupi1. Hence, both
the appeals are taken up together for consideration.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
Hereinafter referred as to 'Tribunal'
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HC-KAR
3. The relevant facts in a nutshell leading to the
present appeals are that one Sri Pradeep2 was riding his
motorcycle on 06.09.2014 when a tipper lorry being driven by
its driver in a rash and negligent manner, came and hit the
motorcycle which the deceased was riding, causing the accident
in question, wherein the deceased sustained various injuries
and succumbed to the same. Claiming compensation for the
death of the deceased his parents and sister instituted claim
proceedings arraying the owner and insurer of the offending
tipper lorry as respondents. The Tribunal partly allowed the
claim petition and awarded total compensation of `11,82,000/-
together the interest at 6% per annum. Being aggrieved, the
insurer has preferred MFA.No.2886/2017 and the claimants
have preferred MFA.No.6261/2017.
4. It is the contention of the insurer in the appeal
preferred by it that the Tribunal has assessed the future
prospects at 50% and hence, the same ought to be taken at
40%.
Hereinafter referred as to 'deceased'
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HC-KAR
5. Per contra, learned counsel for the claimants has
contended that the income assessed by the Tribunal is on the
lower side and the compensation on other heads is also
required to be enhanced.
6. The said contentions have been considered and the
material on record including the records of the Tribunal have
been perused. The question that arise for consideration is
'whether the compensation awarded by the Tribunal is
erroneous?'
7. The deceased was aged 22 years as on date of
accident. Hence, the Tribunal has applied the appropriate
multiplier of '18'. It was stated that the deceased was an
electrician. However, no documents have been produced to
prove his income. The Tribunal has assessed the income of the
deceased at `7,000/- per month. Having regard to the date of
accident, it is justly proper that the notional income of the
deceased be re-assessed as `8,500/-.
8. 40% of the income is required to be awarded
towards future prospects in terms of judgment of the Hon'ble
Supreme Court in the case of NATIONAL INSURANCE
NC: 2025:KHC:21332
HC-KAR
COMPANY LTD V/S PRANAY SETHI AND ORS3. 50% is
required to be deducted towards personal expenses since the
deceased was a bachelor. Hence, the loss of dependency is re-
assessed as (`8,500 + 40% - 50% X 12 X 18)= `12,85,200/-.
9. Having regard to 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, the compensation towards loss of
consortium is required to be awarded to claimant Nos.1 and 2
at `40,000/- each together with 20% increment. Hence, the
loss of consortium towards claimant Nos.1 and 2 is re-assessed
as (`48,000/- X 2)= `96,000/-.
10. Compensation towards loss of estate and funeral
expenses is required to be assessed at `15,000/- each together
with increment at 20% and hence, sum of `18,000/- each is
awarded on the said heads.
"(2017)16 SCC 680"
"(2018)18 SCC 130"
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HC-KAR
11. In view of the aforementioned, the question framed
for consideration is answered partly in the affirmative and 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 1134000.00 1285200.00
2 Funeral expenses 15000.00 18000.00
3 Transport expenses 3000.00 00.00
4 Loss of estate 0.00 18000.00
5 Loss of love and 20000.00 96000.00
affection/loss of
consortium
6 Loss of expectancy of 10000.00 00.00
life
Total 1182000.00 1417200.00
12. Accordingly, the claimant is entitled to enhanced
compensation of (`14,17,200/- - `11,82,000/-) `2,35,200/-.
13. In view of the aforementioned, the following:
ORDER
i) Both the appeals are allowed in part;
ii) The judgment and award dated 28.12.2016 passed
in MVC No.406/2015 by the Additional Motor
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HC-KAR
Accidents Claims Tribunal and Principal Senior Civil
Judge Udupi, is hereby modified to the extent
stated herein. In all other respects, the judgment
and award of the Tribunal remains unaltered;
iii) The appellants/claimant Nos.1 and 2 are entitled to
an enhanced compensation of `2,35,200/- together
with interest at 6% per annum from the date of the
petition till its realization, in addition to the
compensation awarded by the Tribunal;
iv) The amount deposited by the appellants in
MFA.No.2886/2017 together with the records shall
be transmitted to the Tribunal for disbursement in
terms of the award of the Tribunal. Respondent
No.2 - insurer shall deposit the balance
compensation together with accrued interest within
a period of six weeks from the date of receipt of a
copy of this judgment;
v) The Registry to draw the modified award
accordingly;
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
