SMT.PARVATHI M vs. MAHANTHAPPA K

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M.F.A. No.5328/2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 7 DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

MISCELLANEOUS FIRST APPEAL NO.5328/2020 (MV-D)


BETWEEN:

1. SMT. PARVATHI .M
W/O LATE VEERESHA
AGED ABOUT 25 YEARS.

2. RAMESHA .V
S/O LATE VEERESHA
AGED ABOUT 7 YEARS.

3. UMESHA .V
S/O LATE VEERESHA
AGED ABOUT 5 YEARS.

APPELLANT 2 AND 3 ARE
MINORS REPRESENTED BY THEIR
NATURAL GUARDIAN MOTHER PARVATHI.

4. GALGAL HONNURAPPA
S/O GALGAL ERADALAPPA
AGED ABOUT 61 YEARS.

5. LAKSHMIDEVI
W/O GALGAL HONNURAPPA
AGED ABOUT 51 YEARS.

ALL ARE AGRICULTURIST
PERMANENT RESIDENT OF
VENKATAPURA VILLAGE
NOW R/O MADAKARIPURA VILLAGE
CHITRADURGA TALUK AND DISTRICT 577501.
…APPELLANTS






Digitally signed
by ARSHIFA
BAHAR KHANAM
Location: HIGH
COURT OF
KARNATAKA

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M.F.A. No.5328/2020

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(BY SRI. SHASHISHEKARA, ADV., FOR
SRI. SIDDAPPA B.M. ADV.,)

AND:

MAHANTHAPPA K
S/O KUDLEPPA
DEAD BY LR'S.

1. NAGAPPA
S/O KUDLEPPA
AGED ABOUT 30 YEARS.

2. BASAPPA
S/O KUDLEPPA
AGED ABOUT 28 YEARS.

RESPONDENTS 1 AND 2 ARE
R/O GUDIHAL LINGASAGURU AT POST
RAICHUR TALUK AND DISTRICT 584101
OWNERS OF THE BAJAJ MOTOR
CYCLE BEARING NO KA-01-HP-2423.

3. THE DIVISIONAL MANAGER
UNITED INSURANCE COMPANY LTD
DIVISIONAL OFFICE, M.M.K. COMPLEX
AKKAMAHADEVI ROAD
DAVANAGERE 577002.

4. BASAVARAJU .A
S/O ADIMURTHY
AGED ABOUT 35 YEARS
R/O VENKATAPURA VILLAGE
MOLAKALMURU VILLAGE
CHITRADURGA DIST-577535
OWNER OF THE MOTOR CYCLE
BEARING NO KA-16-EH-1321.

5. THE BRANCH MANAGER
NATIONAL INSURANCE CO LTD.
BRANCH OFFICE

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M.F.A. No.5328/2020

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JAGALUR MAHALINGAPPA BUILDING
DAVANAGERE ROAD
CHITRADURGA 577501.

…RESPONDENTS
(BY SRI. O. MAHESH, ADV., FOR R3
SRI. K.S. LAKSHMI NARASAPPA, ADV., FOR
SRI. A.M. VENKATESH, ADV., FOR R5
R1 SERVED AND UNREPRESENTED
V/O/DTD:01.04.2024 NOTICE TO R2 & R4 ARE D/W)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.11.2019 PASSED IN MVC
NO.178/2019 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND MEMBER, MACT-IV, CHITRADURGA, 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 VIJAYKUMAR A. PATIL

ORAL JUDGMENT

This appeal is filed by the claimants
challenging the judgment and award dated 05.11.2019
passed in MVC.No.178/2019 by the I Additional Senior
Civil Judge & Additional MACT-IV, Chitradurga (for short
'the Tribunal').

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2. Though this appeal is listed for admission, with
the consent of learned counsel for the parties, it is taken
up for final disposal.


3. Heard Sri.Shashishekara, learned counsel for
Sri.Siddappa B.M., learned counsel appearing for the
appellants, Sri.O.Mahesh, learned counsel for respondent
No.3, Sri.K.S.Lakshmi Narasappa, learned counsel for
Sri.A.M.Venkatesh, learned counsel for respondent No.5
and meticulously perused the material on record.


4. The parties to the proceedings do not dispute
that in a road accident dated 18.04.2018, Sri.Veeresha
sustained fatal injuries and subsequently succumbed to
those injuries. The present appeal is by the claimants
seeking for higher compensation mainly on the ground
that the income of the deceased is required to be
reassessed as the deceased was aged about 30 years at
the time of the accident and was doing agriculture, sheep
rearing and milk vending business, earning Rs.1,30,000/-

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per annum. It is to be noticed that the
appellants/claimants have failed to produce any evidence
to substantiate the claimed income. In the absence of such
proof, the income of the deceased is required to be
assessed notionally by placing reliance on the notional
income chart prepared by KSLSA. Accordingly, the income
of the deceased is notionally reassessed at Rs.12,500/-
per month. Having assessed the income of the deceased at
Rs.12,500/- per month and considering the age of the
deceased as 30 years, the appellants-claimants are further
entitled to an addition of 40% of the assessed income
under the head of loss of future prospects. Further, as the
claimants are the wife, children and parents of the
deceased, totaling 5 in number, the appropriate deduction
towards personal and living expenses should be one-fourth
th
(1/4 ), which has been rightly considered by the Tribunal.
Considering that the deceased was aged about 30 years at
the time of the accident; the appropriate multiplier
applicable is 17, which has also been rightly considered by

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the Tribunal. Accordingly, the appellants-claimants are
entitled to compensation towards loss of dependency as
under:
th
Rs.12,500 + 40% X 12 X 17 - 1/4 = Rs.26,77,500/-


5. The appellants-claimants are entitled to a sum
of Rs.16,500/- under the head of ‘loss of estate’ and
Rs.16,500/- under the head of ‘funeral expenses &
transportation of dead body’ including 10% escalation. The
appellants-claimants are also entitled to a sum of
Rs.44,000/- each towards loss of consortium including
10% escalation.


6. The learned counsel for the appellants, at the
outset, submitted that this appeal is only with regard to
the seeking higher compensation. In view of the said
submission, the finding of the Tribunal with regard to
contributory negligence stands affirmed.

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7. Thus, in all, the appellants-claimants shall be
entitled to modified compensation under the following
heads:

Thus, the claimants shall be entitled to a total
compensation of Rs.14,65,250/- (Rs. 29,30,500 - 50%) as
against Rs.7,23,500/- awarded by the Tribunal.


8. In the result, this Court proceeds to pass the
following:
ORDER

a) Appeal is allowed in part .

b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total

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compensation of Rs.14,65,250/- as against
Rs.7,23,500/- awarded by the Tribunal.

c) The compensation amount shall carry interest
at the rate of 6% per annum from the date of
petition till the date of payment.

d) The Insurance Company shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.

e) The apportionment, deposit and disbursement
shall be made as per award of the Tribunal.

f) The Registry is directed to transmit the
records to the Tribunal forthwith.

g) Draw modified award accordingly.



Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE


ABK
List No.: 1 Sl No.: 17