Thimmakka v. Sadiq

Judgment and Award.

¶10The accident occurred on 14.10.2022 and as on the date of accident, the claimant was aged fifty six (56) years. The notional income fixed for the year 2022 by the Karnataka State Legal Services Authority is Rs.15,500/- and the said income is to be taken as against Rs.15,000/- taken by the Tribunal.

¶11The Tribunal considering the age of the deceased as fifty six (56) years has gave finding that multiplier applicable is '9', but while calculating loss of dependency has taken multiplier '7'. Therefore, the multiplier '9' is to be taken. The Tribunal has rightly added 10% towards future prospects and deducted 1/3rd towards personal expenses of the deceased. In view of the same, loss of dependency is calculated as under:

Rs.15,500/-+ 10% (Rs.1,550/-) = Rs.17,050/--1/3rd = Rs.11,367/-X 12 X 9 = Rs.12,27,636/-

¶12The claimants are entitled to loss of dependency in a sum of Rs.12,27,636/- as against Rs.9,24,000/- awarded by the Tribunal with interest.

¶13Consequently, the claimants are entitled to enhanced compensation of Rs.3,03,636/- (Rs.12,27,636/- - Rs.9,24,000/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶14Respondent No.2/insurer is liable to pay enhanced compensation amount with interest.

¶15In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellants/claimants are entitled to enhanced compensation of Rs.3,03,636/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with

interest before the Tribunal within a period of six weeks from this day.

iv) The appellants/claimants are entitled to release of entire enhanced compensation with interest in the ratio of 60:40 as determined by the Tribunal.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 13

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4929 OF 2025 (MV-I) BETWEEN: 1. THIMMAKKA W/O. LATE CHITHANNA, AGED ABOUT 48 YEARS, 2. ROJA D/O. LATE CHITHANNA, AGED ABOUT 20 YEARS, BOTH ARE R/AT LAKLIHATTI VILLAGE, MEDIGESHI HOBLI, MADHUGIRI TALUK. …APPELLANTS (BY SRI. SATHISHA T., ADVOCATE) AND: 1. SADIQ S/O. ABDUL REHAMAN, AGED ABOUT 43 YEARS, R/AT. M.J.M. 830, BLOCK NO. 2/1, SITE NO.91, KASABA, BENGARE, MANGALORE, DIKSHIN KANNADA DISTRICT - 575 001. 2. THE MNAGER JAYASHEKARA V.R., SURESH GUKANTI, Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:44786( MFA(No.(4929(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010427312025( ( ( HDFC,ERGO,GENERAL,INSURANCE,COMPANY,LTD.,, 2ND,FLOOR,,NO.,25/1,, BUILDING,NO.2,,SHANKARANARAYANA,BUILDING,, M.G.,ROAD,,, BENGALURU,-,560,001., …RESPONDENTS, (BY,SRI.,MALLIKARJUNA,REDDY,N.A.,,ADVOCATE,FOR, ,,,,,,SRI.,B.,PRADEEP,,ADVOCATE,FOR,R2;, ,,,,,,VIDE,ORDER,DATED,19.08.2026,,NOTICE,TO,R1,IS,, ,,,,,,DISPENSED,WITH), , , THIS,MFA,IS,FILED,U/S.173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT, AND, AWARD, DATED, 12.11.2024, PASSED, IN, MVC, NO.1279/2022, ON, THE, FILE, OF, THE, ADDITIONAL, SENIOR, CIVIL,JUDGE,AND,JMFC,,MADHUGIRI,,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,SHIVASHANKAR,AMARANNAVAR, , ORAL(JUDGMENT( This, appeal, is, filed, by, the, claimants, seeking, enhancement, of, compensation, awarded, in, the, Judgment, and, Award, dated, 12.11.2024, passed, in, MVC, No.1279/2022 by Principal Senior Civil Judge and JMFC, Madhugiri. 2. Even though the matter is listed today for orders, with the consent of both the learned counsel for appellants and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Chithanna (husband of claimant No.1 and father of claimant No.2) in a road traffic accident occurred on 14.10.2022 contending that the accident occurred due to rash and negligent driving by the driver of Bolero pick up bearing registration No.KA-19-AB-4670. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of dependency Rs. 9,24,000/- 2. Funeral expenses Rs. 16,500/- 3. Loss of estate Rs. 16,500/- 4. Loss of spouse consortium to the petitioner No.1 Rs. 44,000/- 5. Loss of parental consortium to the petitioners 2 Rs. 44,000/- Total Rs. 10,45,000/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellants would contend that, the notional income fixed for the year 2022 by the Karnataka State Legal Services Authority is Rs.15,500/- and the said income is to be taken as against Rs.15,000/- taken by the Tribunal. Even though, the Tribunal in findings has stated that the deceased was aged fifty six (56) years, the applicable multiplier is '9'. But, while calculating loss of dependency has taken the multiplier '7'. The Tribunal has rightly added 10% future prospects, deducted 1/3rd towards personal expenses of the deceased. He further submits that the compensation awarded on conventional heads is just and proper. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded on all heads is