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Judgment
This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 09.10.2025 passed in MVC No.1/2024 by the I Additional District Judge and Member, MACT, Kolar.
Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2/insurer.
The appellants made a claim petition praying to award compensation for the death of Shalini (daughter of claimant Nos.1 and 2 and sister of claimant No.3) in a road traffic accident occurred on 12.12.2023 contending that the accident occurred due to rash and negligent driving of the rider of two wheeler bearing Regn.No.KA-08-Y-1058. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) | |
|---|---|---|---|
| 01. | Towards funeral expenses, obsequies and transportation charges | 50,000/- | |
| 02. | Towards loss of dependency and loss of estate | 22,68,000/- | |
| 03. | Towards loss of love and affection | 1,20,000/- | |
| Total | 24,38,000/- | ||
The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal.
Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer.
Learned counsel for appellants would contend that the Tribunal has taken notional income at Rs.15,000/- p.m. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/- and that is to be taken. He further submits that the Tribunal has not taken into consideration 20% escalation on conventional heads. With this he prayed to allow the appeal.
Learned counsel for respondent No.2/insurer would contend that the Tribunal has applied multiplier ‘18’ and it is not proper as the deceased was aged 14 years and the multiplier applicable is ‘15’. He further submits that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With this he prayed to dismiss the appeal.
Having heard the learned counsels, the Court has perused the judgment and award.
The date of accident is 12.12.2023 and as on the date of accident the age of deceased was 14 years. The deceased was daughter of claimant Nos.1 and 2 and sister of claimant No.3. The Tribunal has taken notional income at Rs.15,000/-. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/-. The Tribunal has rightly added 40% towards future prospects and deducted 50% towards personal expenses of deceased. The Tribunal has applied multiplier ‘18’. As the deceased is aged 14 years, the multiplier applicable is ‘15’ as per the decision of the Hon’ble Apex Court in Reshma Kumari and others vs. Madan Mohan and another (2013 (9) SCC 65). Considering the same, loss of dependency is calculated as under:
Rs.16,250 + 6,500 (40%) = Rs.22,750 – 50% = Rs.11,375/-Rs.11,375 x 12 x 15 = Rs.20,47,500/-
Since the loss of dependency awarded by the Tribunal is higher than the loss of dependency considered by this Court, the award of compensation by the Tribunal shall remain unaltered.
The claimants are parents and brother of deceased. They are entitled to consortium in a sum of Rs.40,000/- each with 20% escalation. Therefore, the claimants are entitled to consortium in a sum of Rs.1,44,000/- (Rs.48,000 x 3). The claimants are entitled to funeral expenses in a sum of Rs.15,000/- with 20% escalation which comes to Rs.18,000/-. The claimants are entitled to loss of estate in a sum of Rs.15,000/- with 20% escalation which comes to Rs.18,000/-. Therefore, the claimants are entitled to compensation under conventional heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Loss of consortium | 1,44,000/- |
| 02. | Loss of estate | 18,000/- |
| 03. | Funeral expenses | 18,000/- |
| Total | 1,80,000/- |
Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.10,000/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.
In view of the above, the following:
ORDER
The appeal is allowed in part.
ii) The appellants/claimants are entitled to enhanced compensation of Rs.10,000/- with interest @ 6% p.a. from the date of petition till realization.
iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.
iv) The enhanced compensation with interest shall be paid to claimant No.2/mother of the deceased.