SMT. BHAGYA v. ABHILASH S

(BY SRI. R. JAIPRAKASH, ADVOCATE FOR R3; VIDE ORDER DATED 30.01.2026, NOTICE TO R1 AND R2 ARE DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2022 PASSED IN MVC NO.75/2022 ON THE FILE OF THE I ADDITIONAL MACT, CIVIL CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR OF COMPENSATION. COMPENSATION ENHANCEMENT SEEKING SENIOR JUDGE AND THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 15.11.2022 passed in MVC No.75/2022 by the I Additional Senior Civil Judge and JMFC and MACT, Chikkamagaluru.

2. Even though the matter is listed today for orders, with the consent of both the learned counsel for - 3 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR appellants and the learned counsel for respondent No.3 - Insurer, the matter is taken up for disposal.

3. The appellants/claimants made a claim petition seeking award of compensation the death of M.C. Jayashankar (husband of claimant No.1 and son of claimant No.2) in a road traffic accident which took place on 09.09.2021 contending that the accident occurred due to rash and negligent driving by the driver of lorry bearing registration No.KA-66/0117.

4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation awarded compensation under various heads as under:

2. 3.

Loss of dependency Funeral expenses Loss of consortium, love and affection Loss of Estate Total 8,40,000 20,000 80,000 50,000 9,90,000/- - 4 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR

The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.3 - Insurer to pay the award amount with interest. The claimants have preferred the present appeal seeking enhancement.

Learned counsel for the appellants/claimants has filed I.A.No.1/2026 under Order XLI Rule 27 of Code of Civil Procedure along with two documents i.e., Aadhar card and Ayushman Bharat-Arogya Karnataka Card of the deceased seeking production of those documents as additional evidence.

Heard the learned counsel for appellants and learned counsel for respondent No.3 - Insurer.

Learned counsel for the appellants/claimants would contend that, the claimants being wife and mother of the deceased were under shock due to death of the deceased and due to the same, they could not produce the Aadhar card and Ayushman Bharat-Arogya Karnataka Card - 5 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR of the deceased before the Tribunal. The Tribunal has erred in taking the age of deceased as sixty one (61) years based on the postmortem report - Ex.P6. As per the said Aadhar card and Ayushman Bharat-Arogya Karnataka Card, date of birth of the deceased is 01.01.1963 and as on the date of accident, age of the deceased will be fifty eight (58) years since the accident has taken place on

09.09.2021. The appropriate multiplier applicable is '9'.

As the deceased was aged fifty eight (58) years, he is entitled to future prospects at 10% in view of the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157.

Learned counsel for the appellants/claimants further submits that, the Tribunal has not considered escalation while awarding loss of consortium and the claimants are entitled to 10% escalation on conventional heads as per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY - 6 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR SETHI AND OTHERS reported in AIR 2017 SC 5157. With these he prayed to allow the appeal as well as I.A.No.1/2026 filed under Order XLI Rule 27 of CPC seeking production of additional documents.

Learned counsel for respondent No.3 - Insurer would contend that, the Tribunal based on postmortem report has rightly taken the age of the deceased as sixty one (61) years. The compensation awarded under all the heads is just and proper and there are no grounds for enhancement. The claimants have not made out any grounds for production of additional documents filed along with I.A.No.1/2026 under Order XLI Rule 27 of CPC. With these, he prayed for dismissal of the appeal.

Having heard the learned counsels appearing for the parties, the Court has perused the Judgment, Award and other materials placed on record.

The following points raised for consideration: i) Whether the appellants/claimants have for production of made out a case - 7 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR additional evidence by way of documents produced under I.A.No.1/2026? ii) Whether there are any grounds enhancement of compensation? POINT NOS.i AND ii: REASONS

POINT NOS.i AND ii: The Tribunal based on ExP6 - Postmortem report has taken the age of deceased as sixty one (61) years and applied multiplier '7'. The appellants have now sought for production of two documents i.e., Aadhar card and Ayushman Bharat-Arogya Karnataka Card as additional evidence by filing I.A.No.1/2026 under Order XLI Rule 27 of CPC. In the affidavit filed in support of the said application, the wife of the deceased has stated that due to sudden death of her husband, she was under deep depression and she could not produce the said documents before the Tribunal. Considering the said aspect, the appellants have made out a case for production of the said documents as additional evidence. Accordingly, I.A.No.1/2026 is allowed and the two documents along with the said application i.e., Aadhar - 8 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR card and Ayushman Bharat-Arogya Karnataka Card are taken on record. Accordingly point No.i is anwered.

The year of birth of the deceased as per Aadhar card is 1963. The date of birth of the deceased as per Ayushman Bharat-Arogya Karnataka card is 01.01.1963. The date of accident is 09.09.2021. As on the date of accident, the age of deceased will be fifty eight (58) years as per the date of birth mentioned in the above said two documents. As the deceased is aged fifty eight (58) years, now the multiplier applicable is '9'. As the deceased is aged fifty eight (58) years, he is entitled to loss of future prospects at 10% as per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. The Tribunal has rightly deducted 1/3rd towards personal expenses of the deceased. In view of the above, the claimants are entitled to loss of dependency as under: 15,000 + 1,500 (10% future prospects) = 16,500 - 1/3rd (11,000 X 12 X 9 = 11,88,000 - 9 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR

The Tribunal has awarded consortium in a sum of Rs.80,000/-. The accident occurred in the year 2021, as per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157, the claimants are entitled to escalation at 10% on conventional heads. Therefore, the claimants are entitled to loss of consortium in a sum of Rs.88,000/- (80000 + 10%).

The Tribunal has awarded funeral expenses of Rs.20,000/- and loss of estate of Rs.50,000/-. The award amount under the said heads are on higher side and the claimants are entitled to funeral expenses at Rs.15,000/- with 10% escalation and loss of estate is Rs.15,000/- with 10% escalation i.e., 16,500/- each. Accordingly, point No.ii is answered.

Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: - 10 - NC: 2026:KHC:31992 MFA No. 3675 of 2023 HC-KAR

1. 2. 3.

4. Loss of dependency Funeral expenses Loss of consortium, love and affection Loss of Estate Total 11,88,000/- 16,500/- 88,000/- 16,500/- 13,09,000/-

The claimants are entitled to total compensation of Rs.13,09,000/- as against Rs.9,90,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

Consequently, the claimants are entitled to enhanced compensation of Rs.3,19,000/- (13,09,000 - 9,90,000) with interest at the rate of 6% per annum from the date of petition till realisation.

Respondent No.3 - Insurer is liable to pay enhanced compensation amount with interest.