DHANAJAYA NIAK N vs RAVIRAM A S
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO.4014 OF 2026(MV-D)
BETWEEN:
1. DHANANJAYA NAIK N.,
S/O NARAYANA NAIK,
AGED ABOUT 38 YEARS,
2. YASHASH NAIK D.,
S/O DHANANJAYA NAIK N.,
AGED ABOUT 10 YEARS,
3. THNVITH NAIK D.,
S/O DHANANJAYA NAIK,
AGED ABOUT 8 YEARS,
APPELLANT NOS.2 AND 3 ARE MINORS
REPRESENTED BY THEIR
NATURAL GUARDIAN AND
FATHER 1ST APPELLANT
ALL ARE RESIDING AT YEMMARAHALL
THANDA, KASABA HOBLI,
SIRA TALUK,
TUMAKURU DISTRICT - 572 132.
APPELLANTS
(BY SRI. K. SHANTHA RAJ., ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
AND:
1. RAVIRAM A.S.,
S/O SANJEEVAMURTHY,
AGED MAJOR,
R/O NEAR GOVT., SCHOOL,
MADHUGIRI ROAD,
ANTHARASANAHALLI (AREKERE),
TUMAKURU - 572 132.
2.
JAYASHANKAR V SURESH GOKANTI,
THE DIVISIONAL MANAGER,
HDFC GENERAL INSURANCE CO., LTD.,
(REG., NO.25TH/1, 2ND FLOOR,
BUILDING NO.2,
SHANKARARAYANA BUILDING,
M.G. ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED
17.06.2026)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 09/10/2025 PASSED IN MVC
NO.661/2023 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL AT SIRA.., PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
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 09.10.2025 passed in MVC No.661/2023
by the Senior Civil Judge and MACT, Sira.
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/insurer, the matter is taken up for disposal.
3. The appellants/claimants made a claim petition
seeking for award of compensation for the death of Pavitra
M.H. in a road traffic accident occurred on 02.05.2023
contending that the accident occurred due to rash and
negligent driving by the driver of Omni car bearing
registration No.KA-06-P-5684.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
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:
Sl.No. Head Amount in Rs.
1 Loss of Dependency (with Rs.30,46,332/-
future prospectus)
2 Loss of consortium Rs.1,20,000/-
(Rs.40,000 x 3)
3 Loss of Estate Rs.15,000/-
4 Funeral Expenses Rs.15,000/-
Total Rs.31,96,332/-
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/insurer 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/insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
7. Learned counsel for the appellants contends
that the deceased was a homemaker and apart from that
she was working and getting salary as per Ex.P10. The
Tribunal has not taken into consideration the said Ex.P10
on the ground that the author is not examined. He placed
reliance on the decision of the Hon’ble Apex Court in the
case of SHISHU PAL @ SHISH RAM AND OTHERS V.
SURJEET AND OTHERS reported in 2026 INSC 634
would contend that the income of the homemaker is to be
taken at Rs.30,000/- towards the loss of care towards
husband and children. He further submits that even
though the compensation awarded by the Tribunal towards
the conventional heads, but the escalation at 20% is not
added. With these, he prayed to allow the appeal.
8. Learned counsel for respondent No.2/insurer
would contend that the compensation awarded by the
Tribunal is just and proper and there are no grounds for
enhancement. With these, he prayed for dismissal of the
appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
9. Having heard the learned counsel for
appellants/claimants and learned counsel for respondent
No.2/insurer, the Court has perused the impugned
Judgment and Award.
10. The accident occurred on 02.05.2023 and as on
the date of accident, the deceased was aged about 26
years. Considering the said age of the deceased, the
Tribunal has rightly applied multiplier '17'. The claimants
are husband and two minor children of the deceased and
considering the same, the Tribunal has rightly deducted
1/3rd towards personal expenses of the deceased. The
deceased is stated to be working as a Field Supervisor at
Mother Organization, Sira and was earning Rs.19,000/-
per month. Ex.P10 - Salary Certificate is produced in that
regard. The author of Ex.P10 has not been examined.
Considering the said aspect, the Tribunal has rightly not
believed the said Ex.P10. The Hon'ble Apex Court in the
case of SHISHU PAL supra is held as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
"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 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 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
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
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."
11. The deceased was a homemaker. Claimant No.1
is the husband and claimant Nos.2 and 3 are the minor
children of the deceased. The husband has lost companion
of his wife and children have lost their mother's love and
care. Therefore, the income of the deceased is to be taken
as Rs.30,000/- per month, future prospects are to be
added at 40% and deducted 1/3rd towards personal
expenses of the deceased. In view of same, loss of
dependency/care is calculated as under:
Rs.30,000/- + 40% = Rs.42,000/- - 1/3rd =
Rs.28,000/-x 12 x 17 = Rs.57,12,000/-
12. The Tribunal even though awarded
compensation under conventional heads, but has not
added escalation. In view of the decision of the Hon'ble
Apex Court in the case of NATIONAL INSURANCE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
COMPANY vs. PRANAY SETHI AND OTHERS reported
in AIR 2017 SC 5157 , the escalation is to be added at
20%. Therefore, the claimants are entitled to loss of
consortium in a sum of Rs.1,44,000/- (Rs.48,000/- x 3),
loss of estate in a sum of Rs.18,000/- and funeral
expenses in a sum of Rs.18,000/-.
13. Considering all the above aspects, the claimants
are entitled to total compensation under various heads as
under:
Sl.No. Head Amount
1 Loss of Dependency (with Rs.57,12,000/-
future prospectus)
2 Loss of consortium Rs.1,44,000/-
3 Loss of Estate Rs.18,000/-
4 Funeral Expenses Rs.18,000/-
Total Rs.58,92,000/-
14. The claimants are entitled to total compensation
of Rs.58,92,000/- as against Rs.31,96,332/- awarded by
the Tribunal with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
15. Consequently, the claimants are entitled to
enhanced compensation of Rs.26,95,668/-
(Rs.58,92,000/- - Rs.31,96,332/-) with interest at the rate
of 6% per annum from the date of petition till realisation.
16. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.
17. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.26,95,668/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation amount with
interest before the Tribunal within a period
of six weeks from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:57360
MFA No. 4014 of 2026
CNR: KAHC010368322026
iv) The appellants/claimant Nos.1 to 3 are
entitled to compensation in the ratio of
20:40:40 respectively.
v) The share of compensation in the enhanced
compensation of appellant Nos.2 and
3/claimant Nos.2 and 3 minors shall be
kept in fixed deposit with the
Nationalized/Scheduled Bank till they attain
majority.
vi) The share of appellant No.1/claimant No.1
in the enhanced compensation, 50% shall
be released and remaining 50% shall be
kept in 'Fixed Deposit' with
Nationalized/Scheduled bank in his name
for a period of three years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SJK
List No.: 1 Sl No.: 22