CHAITRA M S vs NAGARAJU R
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 94 OF 2025 (MV-D)
BETWEEN:
1. CHAITRA M S
D/O SURESH
AGED ABOUT 23 YEARS
2. CHANDANA M S
S/O SURESH
AGED ABOUT 21 YEARS
SINCE DEAD, LR IS ALREADY
ON RECORD i.e., APPELLANT No.1
BOTH ARE RESIDING AT
MARCHANAHALLI VILLAGE
MALURU HOBLI, CHANNAPATNA TALUK
RAMANAGARA DISTRICT.
…APPELLANTS
(BY SRI RAJU S, ADVOCATE)
AND:
1. NAGARAJU R
S/O RAMEGOWDA, MAJOR
R/AT: BYRAPATNA VILLAGE
MALURU HOBLI
CHANNAPATNA TALUK
RAMANGARA DISTRICT
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
2. NATIONAL INSURANCE COMPANY LTD.,
No. 144 SHAMBHURAM COMPLEX
ND
2 FLOOR, M. G. ROAD
BENGALURU - 560 001.
REPTD. BY BRANCH MANAGER.
…RESPONDENTS
(BY SRI MALLIKARJUNA REDDY, ADVOCATE FOR
SRI A M VENKATESH, ADVOCATE FOR R2
NOTICE TO R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:11.07.2024
PASSED IN MVC No.183/2021 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment
and award dated 11.07.2024 passed in MVC No.183 /2021
by the Senior Civil Judge and MACT, Channapatna.
2. Even though the matter is listed for `Admission’
today, with the consent of the learned counsel appearing
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
for the appellant and learned appearing for respondent
No.2 – Insurer it is taken up for disposal.
3. Appellant – claimant made a claim petition
praying to award compensation for the death of B.
V.Kamala (mother of claimant) in a road traffic accident
that occurred on 10.04.2021 due to the rash and negligent
driving by the driver of Swift car bearing registration No.
KA-42/R-2041 The Tribunal after recording evidence,
appreciating the evidence on record, assessed the
compensation and awarded compensation under different
heads as under:
1 Towards loss of dependency 21,00,000/-
2 Towards loss of consortium 40,000/-
3 Towards loss of estate 15,000/-
4 Towards funeral expenses 15,000/-
Total 21,70,000/-
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed respondent No. 2 – Insurer to
deposit the said award amount with interest. Claimants
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
seeking enhancement of the compensation awarded, have
filed the present appeal.
5. Heard learned counsel for appellants –
claimants and learned counsel for respondent No.2 –
Insurer.
6. The accident occurred on 10.04.2021 and as on
the date of accident the deceased was aged 41 years.
Considering the same the age of the deceased, the
Tribunal has rightly applied multiplier ‘14’ and also rightly
added future prospectus at 25%. Considering that the
claimants before the Tribunal were 02 children of the
rd
deceased, deducted 1/3 towards personal expenses of
the deceased.
7. Learned counsel for the appellant contended
that the deceased was homemaker and as per decision of
the Hon'ble Apex Court in the case of S hishu Pal @ Shish
1
Ram & Ors Vs Surjeet & Ors , loss of domestic
1
In 2026 INSC 634
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
care/monthly income is to be taken at Rs.30,000/-.
Learned counsel for respondent No.2 contend that the
husband of the deceased died prior to the accident and
one of the daughter died subsequent to the filing of the
claim petition, now appellant is only daughter of the
deceased who was dependent on the deceased. Learned
counsel for appellant would contend that the appellant is
unmarried daughter of the deceased and her father died
prior to death of her mother.
8. The Hon'ble Apex Court in the case of Shishu
Pal (Supra) has observed as under:
Loss Of Domestic Care: An Additional Head
20. It is in these circumstances, that we deem it
appropriate to direct that when a Motor Accidents
Claim Tribunal or the High Court or this Court is
concerned with or a case involving the death of a
homemaker, in order to overcome the inherent
disadvantage accrued against the homemaker on a
calculation of compensation on the basis of
conservatively computed notional income and while
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
being acutely aware of the dictum in Pranay Sethi
(supra) regarding loss of consortium as also the
disposition towards uniformity, that for the three
major heads (the homemaker’s contribution towards
smooth functioning of the household, the loss of
maternal support for children and loss of spousal
support/the support and care of their child who is an
adult, for the parents of the deceased) discussed in
the foregoing paragraphs, a composite sum of
Rs.30,000/- shall be added under the head of ‘loss of
domestic care’, provided that all three of these heads
are met in the given case. This determination shall
be revised by 10%, cumulatively, every three years.
It may be clearly stated that this amount of
Rs.30,000/- i.e., loss of domestic care is to be taken
as a ‘stand-in’ (basic minimum monthly income) for
monthly income in those cases where the
homemaker does not have an input into the house,
in strictly conventional, monetary terms. In those
cases where the homemaker is part of the workforce,
the component of loss of domestic care shall be in
addition to the monthly income as may be proved
before the Tribunal/Courts.
In the said decision, the Hon’ble Apex Court has held
that if all 03 of the heads are met, then only the loss of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
domestic care in a sum of Rs.30,000/- per month shall be
taken. The said 03 heads are homemaker's contribution
towards smooth functioning in the household, the loss of
matrimonial support for children and the loss of spousal
support. Among the three heads one head i.e., loss of
spousal support is not applicable since the husband of the
deceased died prior to the accident. Therefore, the loss of
domestic care in the present case is to be taken in a sum
of Rs.20,000/- per month. Even though claimants
contended that the deceased was doing a tailoring work
but they have not produced any income proof. Therefore,
the loss of domestic care/dependency is calculated as
under:
Rs.20,000/- + 25% = Rs.25,000/- x 12 = 3,00,000/-
rd
less 1/3 = Rs.2,00,000/- x 14 = Rs.28,00,000/-.
9. The Tribunal even though has awarded
compensation under conventional heads, but has not
added escalation at 10%. The escalation at 10% is to be
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
added since the accident occurred after 03 years of the
decision of the Hon'ble Apex Court in the case of National
2
Insurance Co. Ltd Vs Pranay Sethi and Ors .
Therefore, the claimant is entitled to consortium in a sum
of Rs.44,000/- , loss of estate in a sum of Rs.16,500/- and
funeral expenses in a sum of Rs.16,500/-.
10. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of 28,00,000/-
dependency/domestic care
02. Loss of estate 16,500/-
03. Loss of funeral expenses 16,500/-
04. Consortium 44,000/-
Total 28,77,000/-
The claimant is entitled to total compensation of
Rs.28,77,000/- as against Rs.21,70,000/- as awarded to
the Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.7,07,000/- with
2
In AIR 2017 SUPREME COURT 5157
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
interest at the rate of 6% per annum from the date of
petition till realization. Respondent No.2 -insurer is liable
to pay the said enhanced compensation with interest.
11. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) The appellant -claimant is entitled to enhanced
compensation of Rs.7,07,000/- with interest at the
rate of 6% per annum from the date of petition till
realization.
iii) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before the
Tribunal within a period of 06 weeks from this
day.
iv) The appellant -claimant is entitled to release 50%
of enhanced compensation and remaining 50%
shall be kept in her name in fixed deposit in any
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58436
MFA No. 94 of 2025
CNR: KAHC010001712025
nationalized/scheduled bank of her choice for a
period of 03 years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
(SHIVASHANKAR AMARANNAVAR)
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
JUDGE
DSP
List No.: 1 Sl No.: 30