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HC-KAR
NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

4. GANGADHAR S/O MUGUNDAYYA,
AGE: MAJOR, OCC: BUSINESS,
R/O D NO.3-19, D-4 SURAKSHA NAGAR,
N R KRISHNA MANDIR,
KUMPALA, SOMESHWAR VILLAGE,
KOTEKAR POST, MANGALURU-575001
(OWNER OF THE MOTOR CYCLE
NO.KA-19/EQ-5496)
…RESPONDENTS
(BY SRI. H R LATUR, ADVOCATE FOR R1 AND R2;
NOTICE TO R3 AND R4 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING TO, CALL FOR THE RECORDS
CONNECTED WITH IN MVC NO. 2009/2016 ON THE FILE OF THE IV
ADDL. SENIOR CIVIL JUDGE AND JMFC AND ADDL. MACT BELAGAVI,
AND TO MODIFY THE AWARD DATED 20.02.2018 BY REDUCING THE
COMPENSATION AND ALLOWING THIS APPEAL IN THE INTEREST OF
JUSTICE.

IN MFA NO. 102965/2018
BETWEEN:

1. SHRI DYAVAPPA S/O YAMANAPPA BARKER
AGE:46 YEARS, OCC:NIL,
R/O:LAXMITEK, GANESHPUR,
BELAGAVI - PIN:590001,
TQ AND DIST: BELAGAVI.

2. SMT. YALLAWWA
W/O DYAVAPPA BARKER
AGE:40 YEARS, OCC: HOUSEHOLD,
R/O:LAXMITEK, GANESHPUR,
BELAGAVI - PIN:590001,
TQ AND DIST:BELAGAVI.
...APPELLANTS
(BY SRI. H R LATUR, ADVOCATE)

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NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

AND:
1. THE MANAGING PARTNER
M/S DURGAMBA MOTORS
R/O:N.H.17, HANGLUR- 576217,
TQ: KUNDAPUR, DIST: UDUPI.

2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD,
BELAGAVI PIN 590001.

3. SHRI GANGADHAR S/O MAGUNDAYYA
AGE:50 YEARS, OCC:BUSINESS,
R/O. D.NO-3-19(D)-4,
SURAKSHA NAGAR,
N.R. KRISHNA MANDIR, KUMPALA,
SOMESHWAR VILLAGE,
KOTEKAR POST,
MANGALURU,
DIST: MANGALURU, PIN 575022.
...RESPONDENTS
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2;
NOTICE TO R1 AND R3 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO, ENHANCE THE COMPENSATION BY MODIFYING
THE JUDGMENT AND AWARD PASSED BY IV ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT,
BELAGAVI IN MVC. NO. 2009/2016 DATED 20.02.2018, IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE USHARANI

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HC-KAR
NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

ORAL JUDGMENT
1. MFA No.102213/2018 is filed by the Insurance
Company challenging the quantum of compensation and MFA
No.102965/2018 is filed by claimants for enhancement of the
compensation awarded by the IV Additional Senior Civil Judge &
JMFC and Additional MACT, Belagavi (hereinafter referred to as
‘Tribunal’, for short) in MVC No.2009/2016 on 20.02.2018.
2. The Claim petition has been filed under Section 166
of the Motor Vehicles Act, 1988 (for short, ‘MV Act’). There is
no dispute with regard to occurrence of an accident and
saddling of liability on the Insurance Company.
3. The Tribunal, after considering oral and
documentary evidence produced by both the parties, awarded
compensation under the following heads:
Sl.No. Heads Amount in Rs.
1. Loss of dependency 13,50,000=00
2. Funeral & Transportation
expenditure
25,000=00
3. Loss of love and affection
(parents)
1,00,000=00
4. Loss of estate 50,000=00
Total 15,25,000=00

4. The learned counsel for the Insurance Company
contends that, the Tribunal, without considering Exhibits P14

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HC-KAR
NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

and Exhibit P15, has wrongly fixed income of the deceased as
Rs.15,000/- instead of Rs.12,000/-. Further, the Tribunal has
rd
wrongly deducted 1/3 of income of the deceased towards
personal expenses instead of 50% deduction and awarded
compensation on various conventional heads which are on a
higher side. The fixation of interest at the rate of 9% per
annum was challenged on the ground of it being exorbitant.
Per contra
5. , learned counsel for the claimants
argued that Tribunal has erred in not adding future prospects of
40% to the income of the deceased. Further, Tribunal has
wrongly applied multiplier as 15 instead of 18. Therefore, it is
prayed that the compensation awarded by the Tribunal be
reassessed.
6. Heard the arguments advanced by both the
counsels and perused available materials on record.
7. At the outset, it is important to note here that there
is no dispute with regard to the fact that deceased was a 23
year old bachelor and claimants i.e., his parents, are his only
dependents. As per Exhibit P14 i.e., the certificate issued by
the employer of the deceased, the deceased was earning

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HC-KAR
NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

Rs.400/- per day. This fact has been corroborated by PW3- the
employer of the deceased. Even from Exhibit P15- Muster roll
for the months of October 2015- April 2016, it is discernible
that the deceased was working in Srinivas Residency, Belgaum.
8. The learned counsel for the Insurance Company
drew the attention of this Court to the evidence of PW3, who
has deposed that name of the deceased does not find place in
Exhibit P15. But there are school certificates pertaining to the
deceased at Exhibits P1 to P13, wherein his name is shown as
Umesh D. Further, there is Exhibit P14 i.e., the certificate,
which certifies the salary of Umesh D. as Rs.400 per day.
Moreover, at serial no. 5 of Exhibit P15, name of the employee
is shown as Umesh D.
9. It is relevant to note here that PW3 has not denied
the name of the deceased as Umesh D. According to him, name
of the deceased has not been shown in the muster roll - Exhibit
P15 as Umesh Dyavappa Barker. Hence, it is crystal clear that
deceased is Umesh D. and he was working at Srinivas
Residency, Belgaum and Exhibits P14 and 15 pertain to him.
Hence, if the salary shown in Exhibit P14 is considered, it

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HC-KAR
NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

comes to Rs.12,000/- per month. Therefore, Tribunal has
wrongly calculated it as Rs.15,000/- per month. Since deceased
was aged 23 years, multiplier ‘18’ is applied and by relying
upon the judgment of the Hon'ble Apex Court in National
1
Insurance Company Limited v. Pranay Sethi and Ors. ,
40% is added to his income towards future prospects. Since
deceased was bachelor, 50% has to be deducted and the
compensation awarded under the heads of ‘loss of consortium’,
‘loss of dependency’, ‘loss of estate’ and ‘funeral expenses’
have to be reassessed as follows:
Sl.No. Heads Amount in Rs.
1. Loss of dependency (12,000/-
less 50% = 6,000/- add 40% =
8,400/- x 12 x 18)
18,14,400=00
2. Loss of consortium (53,240 x
2 = 1,06,480/-)
1,06,480=00
3. Funeral expenses 19,965=00
4. Loss of estate 19,965=00
Total 19,60,810=00

10. The insurance company has raised objection
regarding fixation of interest at the rate of 9% per annum.
Since the instant case involving death is serious in nature, this
Court finds no reason to interfere with the interest fixed by the

1
2017 (16) SCC 680

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NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

Tribunal, being mindful of the fact that compensation awarded
should give some solace to the family members.
11. In view of the above discussion, compensation
awarded by the Tribunal at Rs.15,25,000/- is reassessed and it
is held that the claimants are entitled to a total compensation
of Rs.19,60,810/-.
12. Hence, I proceed to pass the following:
ORDER
i. MFA No.102213/2018 and MFA No.102965/2018
are partly allowed .
ii. The judgment and award in MVC No.2009/2016
dated 20.02.2018 passed by the IV Additional
Senior Civil Judge, JMFC and Additional MACT,
Belagavi , is modified with regard to the
compensation awarded.
iii. The claimants are entitled to a total compensation
of Rs.19,60,810/- with interest at the rate of 9%
per annum from the date of petition till realization.
iv. The Insurance Company shall deposit the
compensation, together with accrued interest,

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HC-KAR
NC: 2026:KHC-D:18381
MFA No. 102213 of 2018
C/W MFA No. 102965 of 2018

CNR: KAHC020094622018

before the Tribunal within a period of eight weeks
from the date of receipt of a certified copy of this
judgment.
v. The Registry shall transmit the amount in deposit,
if any, along with Trial Court Records to the
concerned Tribunal forthwith.
vi. Registry to draw modified award.

SD/-
(USHARANI)
JUDGE

KGK/CT:CNB
List No.: 1 Sl No.: 24

SHRI DYAVAPPA S/O YAMANAPPA BARKER vs THE MANAGING PARTNER