SMT.YANKAWWA @ MAHADEVI W/O MUTTAPPA PUJARI vs SRI.GURULINGAYYA S/O IRAYYA HIREMATH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17947
MFA No. 103761 of 2015
CNR: KAHC020142112015
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE USHARANI
MISCELLANEOUS FIRST APPEAL NO. 103761 OF 2015
(MV-D)
BETWEEN:
1. SMT. YANKAWWA @ MAHADEVI
W/O MUTTAPPA PUJARI
AGE:28 YEARS, OCC: HOUSEWIFE
2. KUMAR SANTOSH
S/O MUTTAPPA PUJARI
AGE:5 YEARS, OCC: NIL
3. SMT. SANYAWWA
W/O BHARAMAPPA PUJARI
AGE:60 YEARS, OCC: NIL
(NOTE: SINCE THE APPELLANT NO.2
IS MINOR REPRESENTED BY HIS
NEXT FRIEND APPELLANT NO.1 I.E.,
HIS NATURAL MOTHER)
ALL ARE R/O: GOTHE,
NEAR KASHILING TEMPLE
TQ:JAMKHANDI,
DIST: BAGALKOT
…APPELLANTS
YASHAVANT
NARAYANKAR
Digitally signed by
YASHAVANT
NARAYANKAR
Date: 2026.11.04
16:37:45 +0530
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
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NC: 2026:KHC-D:17947
MFA No. 103761 of 2015
CNR: KAHC020142112015
AND:
1. SRI. GURULINGAYYA
S/O IRAYYA HIREMATH
AGE:54 YEARS, OCC: ADVOCATE
R/O:H.NO:383, S.R.COLONY,
VIJAYAPUR, DIST: VIJAYAPUR
2. THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD.,
PB NO.60, SANGAMA BUILDING,
SS FRONT ROAD,
VIJAYAPUR-586101
…RESPONDENTS
(NOTICE TO R1 IS SERVED;
SRI. C.V. ANGADI, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, PRAYING TO, MODIFY THE JUDGMENT & AWARD DATED
04.07.2015, PASSED BY THE I ADDITIONAL DISTRICT &
SESSIONS JUDGE, BAGALKOT TO SIT AT JAMAKHANDI &
MEMBER MACT NO. XI, JAMAKHANDI AT JAMAKHANDI IN MVC
NO. 247/2013 AND SUITABLY MODIFY / ENHANCE THE SAME
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:17947
MFA No. 103761 of 2015
CNR: KAHC020142112015
CORAM: HON'BLE MRS JUSTICE USHARANI
ORAL JUDGMENT
Aggrieved by the judgment and award dated 04.07.2015
in MVC No.247/2013 passed by the I-Additional District and
Sessions Judge, Bagalkot, sitting at Jamakhandi and Member,
Additional Motor Accident Claims Tribunal No.XI, Jamakhandi
(hereinafter referred to as ‘Tribunal’ for short) the claimants
have preferred this appeal seeking enhancement of
compensation.
2. The Claim Petition was filed under Section 166 of
Motor Vehicles Act, 1988.
3. There is no dispute with regard to the fact of
accident and the liability fixed on respondent No.2-Insurance
Company. The Tribunal, after evaluating the oral and
documentary evidence produced by the parties, awarded the
compensation as follows by fixing the liability on respondent
No.2-Insurance Company.
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NC: 2026:KHC-D:17947
MFA No. 103761 of 2015
CNR: KAHC020142112015
Head Amount in
Rs.(₹)
Loss of dependency 8,16,000/-
4000 x 12 x 17
Loss of love and affection 12,000/-
Transportation of dead body and funeral 10,000/-
expenses
Loss of estate 10,000/-
Loss of consortium 10,000/-
Total 8,48,000/-
4. The learned counsel for the claimants argued that
the deceased was aged 30 years and claimants i.e., wife, son
and mother, are his dependants. Considering the same, the
rd
Tribunal has rightly applied multiplier ‘17’ and deducted 1/3 of
his income towards personal expenses of the deceased, but has
not properly fixed his wages and has not adequately awarded
compensation under conventional heads. Further, the Tribunal
has not added future prospects to the monthly income of the
deceased while awarding compensation.
5. Per contra, learned counsel for the respondent
No.2-Insurance Company contended that the Tribunal has
rightly fixed wages of the deceased at ₹6,000/- per month,
applied multiplier ‘17’ and has awarded compensation as
required under law.
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MFA No. 103761 of 2015
CNR: KAHC020142112015
6. On meticulous examination of materials available on
record, it transpires that RTC i.e., Ex.P7 and P9 relied upon by
the Tribunal depicts that the deceased had agricultural land and
according to the claimants, he was working as an agricultural
coolie. However, there is no document with regard to the
deceased carrying out agricultural operations and the exact
income earned from those agricultural lands. Therefore,
considering him as an agricultural coolie, as per the notional
income chart issued by the Karnataka State Legal Services
Authority, his monthly income is fixed at ₹6,500/- since the
accident occurred on 09.12.2012.
7. On a plain reading of the judgment, it is clear that,
towards personal expenses of the deceased, the Tribunal has
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rightly deducted 1/3 of the income of the deceased but has
failed to add 40% of income towards future prospects as per
the decision of the Hon’ble Apex Court in the case of National
1
Insurance Company Ltd., v. Pranay Sethi . The future
prospects are calculated in the instant case bearing in mind the
1
2017 (16) SCC 680
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rd
fact that he has agricultural lands. Hence, after deducting 1/3
of his monthly income, it comes to ₹4,333/- and after adding
future prospects of 40%, it comes to ₹6,066/-. The said
amount is multiplied with 12 to arrive at yearly income and
thereafter multiplied with the multiplier. Accordingly, the
claimants are entitled to ₹12,37,464/- (₹6,066 x 12 (months) x
17 (multiplier) under the head of ‘loss of dependency’.
8. On perusal of the compensation awarded under
conventional heads, the Hon’ble Supreme Court in Pranay
Sethi’s case ( supra ) has held that the amount awarded under
conventional heads should be enhanced at the rate of 10%
every three years. Therefore, the claimants would be entitled to
₹53,240/- each towards consortium. Since the deceased has
left behind his wife, son and mother, the compensation under
the head of ‘loss of consortium’ would accordingly be
₹1,59,720/-. Further, the claimants are entitled for modified
compensation under the heads of ‘funeral expenses’ and ‘loss of
estate’ with 10% enhancement for every three years. The
reassessed compensation is as follows:
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HC-KAR
NC: 2026:KHC-D:17947
MFA No. 103761 of 2015
CNR: KAHC020142112015
Head Amount in
Rs.
Loss of dependency 12,37,464/-
Loss of consortium (Rs.53,240 x 3) 1,59,720/-
Funeral Expenses 19,965/-
Loss of estate 19,965/-
Total 14,37,114/-
9. One more contention raised is with regard to
the fixation of interest at the rate of 6% by the Tribunal. It
Puttamma and
is important to note here the case of
2
others Vs. K.L. Narayana Reddy and Another ,
wherein the Hon'ble Supreme Court has held that relevant
factors such as inflation, changes in the economy and the
policy being adopted by the Reserve Bank of India are
required to be considered while awarding interest. Further,
a Co-ordinate Bench of this Court in United India
3
Insurance Company V/s Malyadari , has opined that
awarding interest at the rate of 9% per annum is more
appropriate in cases involving death and serious injuries.
Accordingly, the enhanced compensation shall also carry
2
(2013)15 SCC 45
3
MFA 3895/2018
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MFA No. 103761 of 2015
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interest at the rate of 9% per annum from the date of
petition till realization.
10. In view of the above discussions, I proceed to pass
the following:
ORDER
(i) The MFA No.103761/2015 is allowed.
(ii) The judgment and award dated 04.07.2015 in
MVC No.247/2013 passed by the I-Additional
District and Sessions Judge, Bagalkot, sitting
at Jamakhandi and Member Additional Motor
Accident Claims Tribunal No.XI, Jamakhandi,
is hereby modified.
(iii) The claimants are entitled to the
compensation of ₹14,37,114/- with interest at
the rate of 9% per annum from the date of
petition till realization.
(iv) The respondent No.2-Insurnace Company
shall deposit the enhanced compensation,
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MFA No. 103761 of 2015
CNR: KAHC020142112015
together with accrued interest, before the
jurisdictional Tribunal within a period of eight
weeks from the date of receipt of a certified
copy of this judgment.
(v) Registry to draw modified award.
Sd/-
(USHARANI)
JUDGE
YAN, CT:CNB
List No.: 1 Sl No.: 38