Sri Maranna K @ Kariyaji Gari Maranna v. Mr Vasantha K R

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8425 OF 2024 (MV-D) BETWEEN:

SRI MARANNA K @ KARIYAJI GARI MARANNA S/O KARIYANNA NOW AGED ABOUT 65 YEARS, R/AT : THIMALAPURA GUDIBANDE MANDAL BORE BAGALU PANCHAYATHI MADAKA SIRA TALUK ANANTHAPURA DISTRICT ANDRAPRADESH-515 286. …APPELLANT

(BY SRI CHANDRASHEKARAIAH B, ADVOCATE)

AND:

¶1MR VASANTHA K R S/O RANGAIAH (AGE OF R-1 NOT NOWN TO APPELLANT) R/AT: 3RD DIVISION KODLIPET SOMAWARPET TALUK-571 231. KODAGU, KARNATAKA.

2. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., BRANCH MANAGER

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:40130( MFA(No.(8425(of(2024( ( ,,,,,,,,,, , CNR:(KAHC010746292024( ( ( RD3 ,FLOOR,,K.V.V.,SAMRAT,, RD217/A,,3 ,MAIN, OUTER,RING,ROAD,, KASTHURI,NAGAR,, BENGALURU-560,043., …RESPONDENTS, , (BY,SRI,D,VIJAYAKUMAR,,ADVOCATE,FOR,R2, ,V/O,DTD.,09.07.2026,,NOTICE,TO,R1,IS,DISPENSED,WITH), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:16.12.2021,, PASSED, IN, MVC, No.6284/2019, ON, THE, FILE, OF, THE, II, ADDITIONAL, JUDGE, AND, ACMM,, COURT, OF, SMALL, CAUSES,, MACT,,BENGALURU,(SCCH.13),,PARTLY,ALLOWING,THE,CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION., , , THIS, APPEAL,, COMING, ON, FOR, ADMISSION, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,SHIVASHANKAR,AMARANNAVAR, , ORAL(JUDGMENT( , This, appeal, is, filed, by, the, claimant, seeking, enhancement, of, compensation, awarded, in, the, judgment, and, award, on, 16.12.2021, passed, in, MVC, No.6284/2019, by,II,Additional,Judge,Court,of,Small,Causes,and,MACT,,, Bengalur,(SCCH-13)., , 2., Even, though, the, appeal, is, listed, today, for, admission,,it,is,taken,up,for,disposal,with,the,consent,of,

learned counsel for the appellant and learned counsel for respondent No.2 –insurer.

¶3The appellant made a claim petition praying to award compensation for the death of his son Iranna, death of 07 sheeps and injury to two sheeps in a road traffic accident occurred on 28.06.2019, contending that the accident occurred due to the rash and negligent driving of the driver of the Shift Desire Car bearing registration No.KA-12/Z-6188. The Tribunal after recording the evidence of the parties, appreciating the evidence on record has assessed the compensation and awarded compensation under various heads as under:

¶1Loss of Estate Rs.8,84,000/-

¶2Loss of Consortium Rs.40,000/-

¶3Loss of Expectation of Life Rs.10,000/-

¶4Transportation of dead body, Funeral & obsequies Expenses Rs.15,000/-

¶5Towards Death of 7 Sheeps and two injured sheeps Rs.60,000/-Total Rs.10,09,000/-

¶4The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2 -insurer to pay the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer.

¶6Learned counsel for the appellant –claimant would contend that the deceased was aged 29 years was owning sheep, goats and donkeys and in the accident he died, 07 sheep belonging to him died and 2 sheep sustained injuries. Considering the same the income of the deceased has to be taken higher than the notional income taken by the Tribunal. Since the deceased is aged 29 years, the future prospects at 40% required to be added and the Tribunal has not added the same. The Tribunal has not awarded loss of the estate but has awarded loss of

expectation of life in a sum of Rs.10,000/-. With these, he prays to allow the appeal.

¶7Learned counsel for respondent No.2 -insurer would contend that the compensation awarded by the Tribunal for the death of the son of the claimant and also for the death of 07 sheep and injury to 02 sheep is just and proper and there are no grounds for enhancement.

¶8Having heard learned counsels, the Court has perused the impugned judgment and award.

¶9The Tribunal based on the wound certificates - ExP10 and Ex.P11 issued by Veterinary Hospital and post mortem report of 07 sheeps –Ex.P12 has considered the value of each sheep based on their age etc., and has rightly awarded Rs.8,000/- each for the death of 05 sheeps and Rs.6,000/- each for the death of other two sheeps and Rs.8,000/- towards injury to two sheeps total in Rs.60,000/-. The said award compensation by the Tribunal is just and proper.

¶10The deceased was aged 29 years and he was owning sheeps. Considering the said aspect, the income taken by the Tribunal at Rs.13,000/- is not proper and income of the claimant has to be taken higher than the notional income fixed i.e.,14,000/-. Therefore the income of the deceased is taken at Rs.15,000/-. The Tribunal has not added future prospects. As the deceased was aged 29 years, the future prospects are to be taken at 40%. The Tribunal has rightly applied multiplier '17'. The deceased was bachelor and the claimant is the father. Therefore, deductions towards personal expenses is to taken at 50%. In view of the above, the loss of dependency is calculated as under:

Rs.15,000/- +6,000/- (40%) = Rs.21,000/- less 50% =Rs.10,500/- x 12x17 =Rs.21,42,000/-.

¶11The Tribunal has rightly awarded consortium in a sum of Rs.40,000/-, funeral expenses and transportation of dead body in a sum of Rs.15,000/-. The Tribunal has not awarded loss of amenities but has awarded loss of

expectation of life in a sum of Rs.10,000/-. Therefore, the claimant is entitled to loss of amenities in a sum of Rs.15,000/- towards loss of expectation of life. In view of above, the claimant is entitled to total compensation under various heads as under:

¶1Loss of dependency Rs.21,42,000/-

¶2Loss of Consortium Rs.40,000/-

¶3Loss of amenities Rs.15,000/-

¶4Transportation of dead body, Funeral & obsequies Expenses Rs.15,000/-

¶5Towards Death of 07 sheeps and two injured sheeps Rs.60,000/-Total Rs.22,72,000/-

¶12The claimant is entitled to total compensation of Rs.22,72,000/- as against Rs.10,09,000/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.12,63,000/- with interest at the rate of 6% per annum from the date of petition till realisation. Respondent No.2 -insurer is liable to pay the enhanced compensation with interest.

¶13In view of the above, the following

ORDER

i) The appeal is allowed in part.

ii) The appellant – claimant is entitled to enhanced compensation of Rs.12,63,000/- 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 06 weeks from this day.

iv) The appellant -claimant is entitled to release of entire enhanced compensation amount.

v) The appellant -claimant is not entitled to interest for delay period of 934 days in filing the appeal.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 50 Ct.sm