SMT. NETHRAVATHI vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 7013 OF 2026 (MV-D)
BETWEEN:
1.
SMT.NETHRAVATHI,
W/O.LATE PARAMESH GOWDA,
AGED ABOUT 45 YEARS,
2. SRI.VITHESH P.,
S/O. LATE PARAMESH GOWDA,
AGED ABOUT 28 YEARS
APPELLANT NOS.1 AND 2 ARE
R/AT: CHANGEGOWDANAHATTI VILLAGE,
MULURU POST, SARAGURU HOBLI,
H.D.KOTE TALUK,
MYSURU DISTRICT - 570 001.
3. SMT.MANASA P.,
D/O. LATE PARAMESH GOWDA,
AGED ABOUT 26 YEARS,
APPELLANT NOS.1 AND 3 ARE
PRESENT R/AT: ACHALU VILLAGE,
KYLANCHA HOBLI,
RAMANAGAR TALUK,
RAMANAGRA DISTRICT - 562 159.
…APPELLANTS
(BY SRI. RAJU S., ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
AND:
1. THE MANAGING DIRECTOR
KERALA STATE ROAD,
TRANSPORT CORPORATION,
TRANSPORT BHAVANA, FORT,
THIRUVANANTHAPURAM - 695023,
TRIVANDRUM - 695 023.
2.
THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
4TH FLOOR, C.P. HUB,
LIYO COMPLEX,
BENGALURU - 560 025.
…RESPONDENTS
(BY SRI.K.NAGARAJAPPA, ADVOCATE FOR R2;
V/O DTD.25.09.2026, NOTICE TO R1 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 30.05.2026
PASSED IN MVC NO.181/2023 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM AND ADDITIONAL MACT,
RAMANAGARA, 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 claimants seeking
enhancement of compensation awarded in the Judgment
and Award dated 30.05.2026 passed in MVC No.181/2023
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
by Principal Senior Civil Judge and CJM and Additional
MACT, Ramanagara.
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellants and learned counsel for respondent No.2,
the matter is taken up for disposal.
3. The appellants/claimants made a claim petition
seeking for award of compensation for the death of
Paramesh Gowda in a road traffic accident occurred on
29.04.2023 contending that the accident occurred due to
rash and negligent driving by the driver of Bus bearing
registration No.KA-15-A-1988.
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:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
Sl.
No.
Particulars Amount
1. Loss of dependency Rs. 19,19,952/-
2. Loss of estate Rs. 16,500/-
3. Funeral expenses Rs. 16,500/-
4. Transportation charges Rs. 10,000/-
Total Rs. 19,62,952/-
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 to pay the
compensation awarded. 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.
7. The accident occurred on 29.04.2023 and as on
the date of accident the deceased was aged forty eight
(48) years. Considering the said age of the claimant, the
Tribunal has rightly applied multiplier '13' and rightly
added 25% towards future prospects. The Tribunal has
taken the notional income of the deceased at Rs.16,000/-
per month on the ground that no income proof is
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
produced. Ex.P9 and P10 are two (02) RTCs' standing
jointly in the name of the deceased and his three (03)
brothers and mother and total extent of the land is six
(06) acres. The said documents clearly indicate that the
deceased was agriculturist and getting agricultural income.
Since the deceased was agriculturist, his income is to be
taken little higher than the notional income fixed for
unskilled labours. The notional income fixed for unskilled
labours for the year 2023 is Rs.16,250/-. Therefore, the
notional income of the deceased is to be taken at
Rs.17,000/- per month. In view of the above, loss of
dependency is calculated as under:
Rs.17,000/- X 12 = Rs.2,04,000/- - 1/3rd =
Rs.1,36,000/- X 13 = Rs.17,68,000/- + 25% =
Rs.22,10,000/-.
8. The claimants are wife and two children of the
deceased and therefore they are entitled to consortium in
a sum of Rs.40,000/- each. Since the accident has taken
place after six (06) years of the decision of Hon'ble Apex
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
Court in the case of NATIONAL INSURANCE COMPANY
vs. PRANAY SETHI AND OTHERS reported in AIR
2017 SC 5157 , escalation has to be added at 20%
on conventional heads. Therefore the claimants
are entitled to loss of consortium in a sum of
Rs.1,44,000/- (Rs.48,000/- X 3).
9. The Tribunal has awarded loss of estate and
funeral expenses by taking 10% escalation. The escalation
is to be added at 20% and therefore the claimants are
Rs.
entitled to loss of estate in a sum of 18,000/- and
funeral expenses and transportation of dead body in a sum
of Rs.18,000/-.
10. The claimants are not entitled to transportation
charges separately as awarded by the Tribunal in a sum of
Rs.10,000/-.
11. Considering all the above aspects, the claimants
are entitled to total compensation under various heads as
under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
Sl.
No.
Particulars Amount
1. Loss of dependency Rs. 22,10,000/-
2. Loss of estate Rs. 18,000/-
3. Funeral expenses Rs. 18,000/-
4. Loss of consortium Rs. 1,44,000/-
Total Rs. 23,90,000/-
12. The claimants are entitled to total compensation
of Rs.23,90,000/- as against Rs.19,62,952/- awarded by
the Tribunal with interest.
13. Consequently, the claimants are entitled to
enhanced compensation of Rs.4,27,048/- (Rs.23,90,000/-
- Rs.19,62,952/-) with interest at the rate of 6% per
annum from the date of petition till realisation.
14. Respondent No.2 is liable to pay the said
enhanced compensation amount with interest.
15. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59505
MFA No. 7013 of 2026
CNR: KAHC010665192026
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.4,27,048/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2 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 70:15:15.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 91