Karnataka High Court
Navanath S/O. Rama Hede vs Mr. Subhas S/O Shankar Kopare on 31 October, 2025
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NC: 2025:KHC-D:14781
MFA No. 24638 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 31ST DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 24638 OF 2013 (MV-D)
BETWEEN:
1. NAVANATH
S/O. RAMA HEDE
AGED 59 YEARS,
OCC: COOLIE,
2. SMT. SHAKUNTHALA
W/O. NAVANATH HEDE,
AGED 49 YEARS,
OCC: HOUSEHOLD WORK,
3. MISS. VANDANA
D/O. NAVANATH HEDE,
GIRIJA A.
AGED 23 YEARS,
BYAHATTI OCC : STUDENT,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA ALL ARE R/O. KASAGAON TALUK,
DHARWAD BENCH
DHARWAD
SOLAPUR, NOW RESIDING AT KHALAGAON,
TALUK: ATHANI, DIST: BELGAUM.
...APPELLANT
(BY SRI. G.N. NARASAMMANNAVAR, ADVOCATE FOR
SRI. LOKESH MALAVALLI, ADVOCATE)
-2-
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MFA No. 24638 of 2013
HC-KAR
AND:
1. MR. SUBHAS
S/O. SHANKAR KOPARE,
AGE: MAJOR,
OCC: BUSINESS,
R/O: B/7, BRAHAMA MAGISTIC,
S.R. NO.15/1/2, KONDWA,
K.H. TALUK,
HAVERI, DIST: THANE-411048.
2. THE BRANCH MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
BELGAUM.
...RESPONDENTS
(BY SRI. S.K. KAYAKMATH, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT 1988 PRAYING TO ENHANCE THE
COMPENSATION AWARDED BY THE JUDGMENT AND AWARD
PASSED BY THE COURT OF THE FAST TRACK AT ATHANI IN MVC
NO.157/2012 DATED 23-01-2013 BY MODIFYING THE
IMPUGNED AWARD AND ALLOW THIS APPEAL WITH COSTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR DISMISSAL THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14781
MFA No. 24638 of 2013
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri G.N.Narasammanavar, who represents Sri
Lokesh Malavalli, learned counsel on record for the appellants
as well as Sri S.K.Kayakamath, learned counsel for respondent
No.2.
2. This appeal is the outcome of the award that is
passed by the Motor Accident Claims Tribunal, Athani, in MVC
157 of 2012 dated 23.01.2013.
3. The first appellant being the father, the second
appellant being the mother and the third appellant being the
sister of the deceased Balasaheb Navanath Hede (hereinafter
be referred to as 'the deceased' for brevity), who died in a
road traffic accident that occurred in the year 2011 filed a
petition claiming compensation of Rs.11,00,000/- in total. The
tribunal through the impugned award granted a sum of
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HC-KAR
Rs.4,26,000/- as compensation. Projecting that they are
entitled to a higher sum the present appeal is filed.
4. Arguing the matter learned counsel for the
appellants submits that the deceased was aged around 20
years by the date of accident. Thus as per the decision of the
Hon'ble Apex Court in the case of Sarla Verma and others vs.
Delhi Transport Corporation and another1, the appropriate
multiplier to be applied is '18'. However, considering the age
of the second appellant, the tribunal applied multiplier '13'
which is improper. Learned counsel further submits that the
compensation that is granted under conventional heads is also
on lower side. Learned counsel thereby seeks for
enhancement in compensation.
5. Learned counsel who represents respondent No.2
seeks the Court to dispose of the matter on merits.
6. It is not in dispute that the deceased was aged
around 20 years by the date of accident. Therefore as rightly
(2009) 6 SCC 121
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HC-KAR
contented by learned counsel for the appellants, considering
the age of the deceased, the appropriate multiplier to be
applied is '18' as per the decision of the Hon'ble Apex Court in
Sarla Verma's case. Also as per the decision of the Hon'ble
Apex Court in the case of National Insurance Co. Ltd. vs.
Pranay Sethi2, 40% of the earnings of the deceased are
required to be added towards future prospects. Further as the
deceased died as bachelor, 50% of the earnings of the
deceased are required to be deducted towards personal and
living expenses, which the deceased would have incurred for
himself had he been alive. Notional income for the relevant
period is taken as Rs.6,000/- per month, which figure is
adopted by the High Court Legal Services Committee,
Dharwad for settlement of claims. Therefore the compensation
which appellants 1 and 2 are entitled to receive towards 'loss
of dependency' is as under:
Notional monthly income Rs.6000.00
Annual income Rs.72,000.00
(2017) 16 SCC 680
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On adding 40% towards future
prospects Rs.1,00,800.00
On deducting 50% towards
personal and living expenses Rs.50,400.00
Loss of dependency on applying
appropriate multiplier '18' Rs.9,07,200.00
7. Thus, it is clear that appellants 1 and 2 are entitled
to a sum of Rs.9,07,200/- towards loss of dependency.
Further, the appellants are entitled to Rs.10,000/- towards
funeral expenses and Rs.10,000/- towards loss of estate. Also
appellants 1 and 2 are entitled to Rs.40,000/- towards loss of
filial consortium. Therefore the total sum which the appellants
are entitled to is as under:
Heads Amount in Rs.
Loss of dependency 9,07,200.00
Funeral expenses 10,000.00
Loss of estate 10,000.00
Loss of filial consortium 40,000.00
Total 9,67,200.00
8. The tribunal through the impugned order granted a
sum of Rs.4,26,000/- only as compensation. However, the
discussion that went on supra makes it clear that the
appellants are entitled to a sum of Rs.9,67,200/- as
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HC-KAR
compensation. Therefore, the appeal is disposed of with the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the Motor
Accident Claims Tribunal, Athani, through orders
in MVC 157 of 2012 dated 23.01.2013 is
enhanced from Rs.4,26,000/- to Rs.9,67,200/-.
(iii) The enhanced sum shall carry interest at the
rate of 6% per annum from the date of petition
till the date of deposit.
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8 weeks from
the date of receipt of certified copy of this
judgment.
(v) Out of the total sum, the first appellant is
entitled to Rs.4,00,000/-, the second appellant
to Rs.5,00,000/- and the third appellant
Rs.67,200/-
(vi) On deposit, the appellants are permitted to
withdraw their respective shares.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
