Karnataka High Court
M Kavya vs Satheesha on 13 November, 2025
-1-
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MFA No. 630 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 630 OF 2021 (MV-D)
BETWEEN:
1. M KAVYA,
D/O LATE H C MANJUNATHA,
AGED ABOUT 17 YEARS,
MINOR,
REPRESENTED BY THEIR NATURAL GUARDIAN AND
GRANDMOTHER APPELLANT NO.3
R/O HAROHALLY TOWN,
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 434.
2. M CHANDANA,
D/O LATE H C MANJUNATHA,
AGED ABOUT 16 YEARS,
MINOR,
REPRESENTED BY THEIR NATURAL GUARDIAN AND
Digitally signed GRANDMOTHER APPELLANT NO.3
by
SHARADAVANI
B
Location: High
R/O HAROHALLY TOWN,
Court of PANDAVAPURA TALUK,
Karnataka
MANDYA DISTRICT - 571 434.
3. SMT PUTTATHYAMMA,
W/O LATE CHIKKEGOWDA,
AGED ABOUT 67 YEARS,
R/O HAROHALLY TOWN,
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 434.
...APPELLANTS
(BY MS.VAIBHAVI., ADVOCATE)
-2-
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MFA No. 630 of 2021
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AND:
1. SATHEESHA,
S/O LATE RAMEGOWDA,
AGED ABOUT 50 YEARS,
R/O PANDAVAPURA SHAMUNAHALLY ROAD,
NEAR FOREST OFFICE, KRISHNANAGAR,
PANDAVAPURA TOWN,
PANDAVAPURA TALUK - 571 435.
2. THE MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
BALLAL CIRCLE, NEAR RTO OFFICE,
MYSORE - 570 001.
...RESPONDENTS
(BY SRI.JANARDHAN REDDY., ADVOCATE FOR R-2;
R-1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.03.2019 PASSED IN MVC
NO.962/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA
ORAL JUDGMENT
This appeal is filed by the claimants being aggrieved by
the judgment and award dated 30th March 2019, passed by the
Principal Senior Civil Judge and JMFC, Pandavapura (for short
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`Tribunal'), in MVC No.962/2018, seeking enhancement of
compensation.
Though this appeal is slated for orders, with the consent
it is taken up for final disposal.
2. For the sake of convenience, the parties are
referred to as per their ranking before the Tribunal.
3. The brief facts of the case are that, on 26.02.2018
deceased-H.C.Manjunatha met with an accident while travelling
on a motorcycle bearing registration No.KA-11/9-8389 on
Pandavapura - KRS road, due to rash and negligent driving of
the goods vehicle bearing registration No.KA-11/A-7937. Due
to the impact, he sustained grievous injuries and succumbed to
the injury at the spot.
4. The claimants contended that the deceased was
aged about 40 years and was earning Rs.12,000/- per month.
The claimants being minor children and mother of the deceased
were dependent on his earnings. With these reasons, claimants
prayed to award compensation.
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5. Respondent No.2-insurer disputed the averments in
the claim petition and denied its liability to pay the
compensation.
6. From the rival contentions of the parties, the
Tribunal framed necessary issues, for its determination.
7. The claimants to prove their case examined two
witnesses as PW-1 and PW-2 and marked 17 documents, as per
Exs.P-1 to P-17. Respondents have not led any oral and
documentary evidence.
8. The Tribunal after hearing both parties and
appreciating the evidence on record, held that the accident
occurred due to rash and negligent driving of the offending
vehicle by its driver. The Tribunal has taken income of the
deceased as Rs.9,000/- per month, 1/3rd of his income was
deducted towards personal expenses, 40% of his income added
towards future prospects, his age was taken as 35 years,
applied multiplier as '16' and awarded the following amount of
compensation:
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Particulars Amount in Rs.
Loss of dependency 16,12,800/-
Love and affection 45,000/-
Funeral expenses and transportation of 15,000/-
dead body
Total 16,72,800/-
9. Learned counsel for the appellants vehemently
contends that according to the claimants, the deceased was
earning Rs.12,000/- per month. The Tribunal has not accepted
the same. Even if we consider the notional income chart of the
Karnataka State Legal Services Authority, the income of the
deceased would be Rs.12,500/- per month. Therefore, it is
respectfully submitted that the income of the deceased be
assessed at Rs.12,500/- per month, while maintaining the
other factors as determined by the Tribunal, and that
compensation be awarded accordingly. It is further submitted
that the compensation is not calculated under the conventional
heads on the basis of law laid down in the cases of National
Insurance Company Limited Vs. Pranay Sethi & Others1
as well as Magma General Insurance Co. Ltd. Vs. Nanu
AIR 2017 SC 5157
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Ram Alias Chuhru Ram and Others 2. Therefore, prayed to
enhance the compensation in accordance with the law.
10. The claimants contended that the income of the
deceased was Rs.12,000/- per month, as rightly contended by
the learned counsel for the appellants, as per the notional
income chart prepared by the Karnataka State Legal Services
Authority, the notional income would be Rs.12,500/- per month
and the claim of the claimants is lesser than the said amount,
therefore, the amount stated in the claim petition is taken as
income of the deceased. 40% has to be added towards future
prospects and the multiplier applicable in this case is '16'. Since
the deceased left behind his three defendants, 1/3rd has to be
deducted towards personal expenses. On the basis of the said
factors, compensation is calculated under the head loss of
dependency.
11. The Tribunal has not awarded compensation under
the conventional heads in accordance with the aforesaid
decisions and therefore, the same requires recalculation.
(2018) 18 SCC 130
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Accordingly, the claimants are entitled to the following amount
of compensation:
Particulars Amount in Rs.
Loss of dependency 21,50,400/-
(12,000+40%x12x16x2/3)
Loss of consortium (40,000x3) 1,20,000/-
Loss of estate 15,000/-
Funeral expenses 15,000/-
Total 23,00,400/-
Amount awarded by the Tribunal 16,72,800/-
Enhancement-
6,27,600/-
Rounded off-
6,28,000/-
12. The claimants are entitled to interest on the said
amount at the rate of 6% per annum from the date of claim
petition till its realisation. Undisputedly, respondents are jointly
and severally liable to pay the said amount.
13. In the result, I proceed to pass the following:
ORDER
i) The Appeal is allowed in part.
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ii) The judgment and award dated
30th March 2019, passed in MVC.No.962/2018, by
the Principal Senior Civil Judge and JMFC,
Pandavapura, stands modified;
iii) The claimants are entitled to enhanced
compensation of Rs.6,28,000/-, with interest at the
rate of 6% p.a. from the date of petition till its
realization, excluding delayed period of 215 days in
filing the appeal.
iv) The respondent No.2 - Insurance
Company shall deposit the amount within a period
of six weeks from the date of award.
v) The remaining portion of the award is not
disturbed.
vi) Draw award accordingly.
Registry is directed to send copy of this judgment to the
concerned Tribunal.
Sd/-
(UMESH M ADIGA)
JUDGE
AMA
