Karnataka High Court
Civil LawInsurance Law

For 2018 accidents, a skilled mason’s notional income is ₹12,500 per month under the KSLSA chart.

SMT. SHIVANAGAMMA. M vs KALYAN KUMAR

Karnataka High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
For 2018 accidents, a skilled mason’s notional income is ₹12,500 per month under the KSLSA chart.. SMT. SHIVANAGAMMA. M vs KALYAN KUMAR. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The deceased, a 40-year-old mason, died from injuries sustained when his scooter was struck from behind by a motorcycle on 1 December 2018.

Source reference: pp. 3–7

His wife and minor son brought a claim under Section 166 of the Motor Vehicles Act, 1988.

Source reference: pp. 3–7

The Tribunal found the motorcycle rider negligent and awarded Rs.17,07,500, including compensation for dependency, consortium, estate, funeral and transportation expenses, and medical expenses.

Source reference: pp. 3–7

The claimants appealed seeking enhancement, principally challenging the income assessment and consortium award

Source reference: pp. 3–7
02

Issues

Whether the Tribunal’s assessment of compensation was just and reasonable, or warranted enhancement under the principles governing motor-accident claims

Source reference: p. 8
03

Law Applied

Under Section 166 of the Motor Vehicles Act, 1988, compensation must be just and reasonable.

Source reference: p. 8

Where reliable evidence of income is unavailable, the court may use an appropriate standardized income assessment; the court applied the Karnataka State Legal Services Authority’s 2018 guideline of Rs.12,500 per month for a skilled manual worker or mason.

Source reference: p. 8

Under *National Insurance Co. Ltd. v. Pranay Sethi*, future prospects are added for a self-employed deceased, and conventional heads of compensation are assessed in accordance with the applicable principles.

Source reference: pp. 8–10

The Court also relied on *Sarla Verma v. Delhi Transport Corporation* for the personal-expense deduction and multiplier framework, and on *Magma General Insurance Co. Ltd. v. Nanu Ram* and *United India Insurance Co. Ltd. v. Satinder Kaur* for spousal and parental consortium.

Source reference: pp. 9–10
04

Reasoning

The Court held that the Tribunal had understated the deceased’s income by fixing it at Rs.10,000 per month; applying the KSLSA guideline, it reassessed the income at Rs.12,500 and added 25% for future prospects, producing monthly income of Rs.15,625.

Source reference: pp. 8–9

With two dependants, it calculated the family contribution as two-thirds of that amount and applied a multiplier of 15, assessing loss of dependency at Rs.18,75,000.

Source reference: p. 9

It awarded Rs.40,000 each for spousal and parental consortium, maintained Rs.15,000 each for loss of estate and funeral and transportation expenses, and affirmed medical expenses of Rs.1,37,332.

Source reference: p. 10
05

Holding

The appeal was allowed in part.

The Court modified the Tribunal’s award and fixed total compensation at Rs.21,22,332, an enhancement of Rs.4,14,832.

Source reference: pp. 10–12

The enhanced amount carries interest at 6% per annum from the date of the claim petition until realization.

Source reference: pp. 10–12

United India Insurance Co. Ltd. was directed to deposit the enhanced compensation and accrued interest before the Tribunal within six weeks of receiving a certified copy of the judgment.

Source reference: pp. 10–12
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19882

Karnataka High Court

Original Court PDF

SMT. SHIVANAGAMMA. MvsKALYAN KUMAR

Karnataka High Court · September 29, 2026

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