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Judgment
This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 16.12.2025 passed in MVC No. 1037/2024 by the III Additional Judge and Member, MACT, Court of Small Causes, Bengaluru (SCCH-18).
Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned counsel appearing for respondent No. 1 – Insurer it is taken up for disposal.
Heard learned counsel for appellants – claimants and learned counsel for respondent No. 1 – Insurer.
Appellants – claimants made a claim petition praying to award compensation for the death of Ajay Kumar Bind in a road traffic accident that occurred on 11.01.2024 due to the rash and negligent driving by the driver of bus bearing registration No. KA-51-AH-4799. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:
| 1 | Towards loss of dependency | Rs.24,75,500.00 |
| 2 | Towards loss of consortium | Rs.1,45,200.00 |
| 3 | Towards loss of estate | Rs.18,150.00 |
| 4 | Towards funeral & obsequies ceremony expenses | Rs.18,150.00 |
| Total | Rs.26,56,500.00 |
The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 1 – Insurer to deposit the said award amount with interest. Claimants seeking enhancement of the compensation awarded, have filed the present appeal.
Learned counsel for appellants - claimants would contend that the deceased was doing building construction work and income taken by the Tribunal is not proper. He further submits that the notional income fixed for the year 2024 by the Karnataka State Legal Services Authority is Rs.17,000/-. He further submits that the Tribunal has rightly added 25% towards future prospects, deducted 1/3rd towards personal expenses and applied multiplier `15’. With this he prayed to allow the appeal.
Learned counsel for respondent No.1 – Insurer would contend that the compensation awarded by the Tribunal under all heads is just and proper. There are no grounds for enhancement of the compensation.
Having heard learned counsel for the parties, this Court has perused the judgment and award.
Even though it is contended that the deceased was doing building construction work no evidence is placed on record to show the income of the deceased. Considering the said aspect, the notional income fixed at Rs.17,000/- for the year 2024 by the Karnataka State Legal Services Authority is to be taken as against Rs.16,500/- taken by the Tribunal. In view of the above, loss of dependency is calculated as under:
17,000 + 4250 (25%) = Rs.21,250/-21,250 X 12 = Rs.2,55,000-1/3rd = Rs.1,70,000/-1,70,000 X 15 = Rs.25,50,000/-
The compensation awarded by the Tribunal towards loss of consortium, loss of estate and funeral expenses is just and proper.
In view of the above, claimants are entitled to enhanced compensation of Rs.75,000/- (25,50,000 – 24,75,000) with interest at the rate of 6% p.a. from the date of petition till the date of realization.
In view of the above, the following;
O R D E R
a. Appeal is allowed in part.
b. Claimants are entitled to enhanced compensation of Rs.75,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.
c. Respondent No. 1 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day.
d. Appellants are entitled to release of entire enhanced compensation as per their share determined by the Tribunal.