Karnataka High Court
Sri Taj Pasha vs Sri M N Chandrashekaraiah on 17 September, 2025
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NC: 2025:KHC:37137
MFA No. 4852 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.4852 OF 2024(MV-D)
BETWEEN:
1. SRI. TAJ PASHA,
S/O. LATE SHARIEF SAB,
AGED ABOUT 53 YEARS,
2. SRI. MUJEEB PASHA,
S/O. TAJ PASHA,
AGED ABOUT 26 YEARS,
3. SRI. ASIF PASHA,
S/O. TAJ PASHA,
AGED ABOUT 24 YEARS
Digitally signed by
AASEEFA PARVEEN 4. SRI. ASMATH PASHA,
Location: HIGH S/O. TAJ PASHA,
COURT OF AGED ABOUT 22 YEARS
KARNATAKA
ALL ARE R/AT DOOR NO.813,
W-18 NEAR JK SCHOOL AND
KAIWARA TATHA MUTT,
OPP TO NARASAMMA BUILDING,
KEELUKOTE, KOLAR CITY - 563 102.
...APPELLANTS
(BY MS. SUGUNA R. REDDY, ADVOCATE (VC))
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MFA No. 4852 of 2024
HC-KAR
AND:
1. SRI. M. N. CHANDRASHEKARAIAH,
S/O. NANJAPPA, MAJOR IN AGE,
LAND LORD,
MANCHAPPANAHALLI VILLAGE,
TAVAREKERE POST, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT,
PIN CODE - 562 122.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO.LTD.,
SUGUNA COMPLEX,
ANTHARANGANGE ROAD,
KUVEMPU EXTENSION,
KOLAR CITY - 563 101.
...RESPONDENTS
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2;
R1- V/C/O DATED 12.03.2025,
NOTICE IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.10.2023 PASSED IN
MVC NO.133/2021 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND J.M.F.C., MACT, KOLAR, 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 DR. JUSTICE CHILLAKUR SUMALATHA
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MFA No. 4852 of 2024
HC-KAR
ORAL JUDGMENT
At request of Smt.Suguna R Reddy learned counsel
for the appellants who appears through video conference
and Sri.Mallikarjun Reddy.N.A. who represents
Sri.Janardhan Reddy learned counsel on record for
respondent No.2 and who appears before this Court
physically, the matter is taken up for final hearing and
disposal.
2. Being aggrieved by the award that is passed by
the Motor Accident Claims Tribunal, Kolar in MVC
No.133/2021 dated 19.10.2023 the petitioners therein
have preferred the present appeal seeking enhancement in
compensation.
3 The first appellant being the husband and
appellant Nos.2 to 4 being the children of the deceased
Smt.Jakeer Begum (hereinafter be referred to as the
'deceased' for brevity) filed a petition claiming
compensation of ₹36,00,000/- in total. The Tribunal
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through the impugned order awarded a sum of
₹23,68,672/- as compensation. The version of the
appellants is that they are entitled to a higher sum.
4. Arguing on merits of the matter, learned
counsel for the appellants submits that the appeal is filed
on the limited grounds of the application of appropriate
multiplier and in respect of non-awarding any
compensation under the head loss of estate. Learned
counsel states that the deceased was aged about 45 years
by the date of accident. Therefore, as per the decision of
the Hon'ble Apex Court in the case of Sarla Verma and
Others Vs. Delhi Transport Corporation and Another
reported in AIR 2009 SC 3104, the appropriate multiplier
to be applied is '14'. However, the Tribunal applied the
multiplier '13'. Learned counsel also states that the
Tribunal for the reasons best known did not award any
compensation under the head loss of estate. Learned
counsel thereby seeks for enhancement in compensation.
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5. Learned counsel who represents respondent
No.2 seeks to dispose of the matter on merits.
6. Considering the evidence produced, the
Tribunal took the age of the deceased as 45 years by the
date of accident. Therefore, as rightly submitted by
learned counsel for the appellants the appropriate
multiplier to be as per the decision of the Hon'ble Apex
Court in Sarla Verma's case is '14'. However, the Tribunal
applied the multiplier '13'. On applying the multiplier '14'
and without disturbing other parameters i.e., the notional
income as ₹15,000/- per month, adding 25% towards
future prospects, deducting 1/4th towards personal and
living expenses which the deceased would have incurred
had she been alive, the compensation which the appellants
are entitled to under the head loss of dependency is as
under:
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Amount
Description
In Rs.
15,000-00
Notional income
1,80,000-00
Annual Income (15,000X12)
On adding 25% towards 2,25,000-00
future prospects
On deducting 1/4th towards 1,68,750-00
personal and living expenses
Loss of dependency, on
23,62,500-00
applying appropriate
multiplier '14'
7. Thus the appellants are entitled to a sum of
₹23,62,500/- towards loss of dependency. However, the
Tribunal awarded a sum of ₹21,93,672/- only under the
said head. Thus, the appellants are entitled to a sum of
₹1,68,828/- (₹23,62,500/- - ₹21,93,672/-) additionally
under the head loss of dependency. Together with the said
amount the appellants are entitled to a sum of ₹16,500/-
towards loss of estate. Thus total sum which the
appellants are entitled to receive in addition to the sum
that is awarded by the Tribunal is ₹1,85,328/-
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(₹1,68,828/- + ₹16,500/-). 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, Kolar through orders
in MVC No.133/2021 dated 19.10.2023 is
enhanced by ₹1,85,328/-.
(iii) The enhanced sum shall carry interest at the
rate of 6% per annum from the date of petition
till the date of deposit. However, the appellants
are not entitled for any interest for the period of
delay of 182 days as per order in
I.A.No.1/2024.
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of eight weeks
from the date of receipt of certified copy of this
judgment.
(v) The apportionment made by the Tribunal
applies to enhanced sum as well.
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(vi) On deposit, the appellants are permitted to
withdraw their respective shares.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
