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Judgment
This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 13.03.2026 passed in MVC No.269/2023 by the III Additional District and Sessions 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 appellants and learned counsel for respondent No.2/insurer.
The appellants made a claim petition praying to award compensation for the death of Venkateshappa (husband of claimant No.1 and father of claimant Nos.2 to 6) in a road traffic accident occurred on 12.11.2023 contending that the accident occurred due to rash and negligent driving of the driver of lorry bearing Regn.No.AP-07-TJ-2207. 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 | 25,000/- |
| 02. | Towards loss of dependency | 7,20,000/- |
| 03. | Towards loss of love and affection | 1,50,000/- |
| Total | 8,95,000/- |
The Tribunal also awarded interest @ 9% p.a. from the date of petition till realization and directed the 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 the notional income at Rs.16,000/-p.m. But as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/- p.m. The Tribunal has rightly deducted 1/4th towards personal expenses of the deceased and applied multiplier ‘5’. The Tribunal has not awarded consortium and loss of estate. With this he prayed to allow the appeal.
Learned counsel for respondent No.2/insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement.
Having heard the learned counsels, the Court has perused the judgment and award.
The accident occurred on 12.11.2023 and as on the date of accident the deceased was aged 66 years. The claimants are the wife and five children of the deceased. The Tribunal has taken the notional income of the deceased at Rs.16,000/- p.m. As per the charge prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/- and the same is to be taken as against Rs.16,000/- taken by the Tribunal. The Tribunal has rightly deducted 1/4th towards personal expenses and applied multiplier ‘5’. In view of the above, the compensation under loss of dependency is calculated as under:
Rs.16,250 – ¼ = Rs.12,188 x 12 x 5 = Rs.7,31,280/-
There are six claimants and each of them are entitled to consortium in a sum of Rs.40,000/- with 20% escalation i.e. Rs.48,000/-. Therefore, the claimants are entitled to Rs.2,88,000/- (Rs.48,000 x 6). Since consortium is awarded, the claimants are not entitled to compensation in a sum of Rs.1,50,000/- awarded by the Tribunal towards loss of love and affection separately. The Tribunal has not awarded loss of estate. The claimants are entitled to loss of estate in a sum of Rs.15,000/- with 20% escalation i.e. Rs.18,000/-. The claimants are also entitled to funeral expenses and transportation of dead body in a sum of Rs.15,000/- with escalation of 20% i.e. Rs.18,000/- as against Rs.25,000/- awarded by the Tribunal.
In view of the above, the claimant is entitled to compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Loss of dependency | 7,31,280/- |
| 02. | Loss of consortium | 2,88,000/- |
| 03. | Loss of estate | 18,000/- |
| 04. | Funeral expenses | 18,000/- |
| Total | 10,55,280/- |
Considering the above aspects, the claimants are entitled to total compensation of Rs.10,55,280/- as against Rs.8,95,000/- with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimants are entitled to enhanced compensation of Rs.1,60,280/-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.1,60,280/-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) Appellants/claimants are entitled to release of their share in enhanced compensation as determined by the Tribunal.