IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106380 OF 2014 (GM-RES)

BETWEEN:

1. RAMAPPA SHANKAREPPA JIRGAL SINCE DECEASED, PETITIONER NO.3 IS TREATED AS THE LR’S OF DECEASED PETITIONER NO.1 V.O.D. 18.09.2025.

2. SHANTA RAMAPPA JIRGAL SINCE DECEASED, PETITIONER NOS.1 AND 3 ARE TREATED AS THE LRS OF DECEASED PETITIONER NO.2, V.O.D. 05.04.2024.

3. LAXMI RAMAPPA JIRGAL , AGE: 24 YEARS, OCC: HOUSEHOLD WORK, R/O: SHEGUNASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI.

…PETITIONERS (BY SMT. SURABHI KULKARNI, ADVOCATE)

Digitally signed AND:

by RAKESH S HARIHAR Location: Hi gh 1. THE MANAGING DIRECTOR, Court of Karnataka, HESCOM, NAVANAGAR, Dharwad Bench, Dharwad HUBBALLI – 580 025, DIST: DHARWAD.

2. THE EXECUTIVE ENGINEER (ELE), O AND M DIVISION, HESCOM, ATHANI TQ: ATHANI, DIST: BELAGAVI.

3. SECTION OFFICER, O AND M DIVISION, HESCOM, ATHANI TQ: ATHANI, DIST: BELAGAVI.

…RESPONDENTS (BY SRI. B. S. KAMATE, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRCTION QUASHING THE JUDGMENT DATED 31.08.2013 AND AWARD DTD.02.09.2013 IN O.P.NO.6/2012 PASSED BY THE PERMANENT LOK ADALAT, BELAGAVI PRODUCED AS PER ANNEXURE-A AND A1 RESPECTIVELY INSOFAR AS NON INCLUSION OF INCOME FROM AGRICULTURAL SOURCE, INCOME FROM AGENT OF PACL INDIA LTD., AND AWARDING LESS COMPENSATION TOWARDS THE LOSS OF DEPENDENCY, LOSS OF LOVE AND AFFECTION, LOSS OF ESTATE, EXPENSES TOWARDS FUNERAL AND POST DEATH RELIGIOUS CEREMONY AND THE CLAIM PETITION FILED BY THE PETITIONERS IN O.P.NO.6/2012 MAY BE ALLOWED AS PRAYED FOR AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M. NAGAPRASANNA) 1. The claimants have filed the subject petition seeking enhancement of compensation as determined by the permanent Lok Adalat insofar as the application of multiplier by the permanent Lok Adalath.

2. Heard the learned counsel Smt. Surabhi Kulkarni appearing for the petitioners and the learned counsel Shri B.S. Kamate appearing for the respondents.

3. The facts which led to the claimants approaching this Court in the subject petition are akin to what is narrated in the companion petition. Therefore, the narration of facts need not all over again be done in the case at hand.

4. Learned counsel appearing for the petitioners submits that the issue in the lis insofar as the claim for enhancement of compensation on two counts is completely answered by the judgment rendered by the Constitutional Bench of the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others, (2017) 16 SCC 680 Learned counsel for the petitioners submits that insofar as the application of a particular multiplier, which the Tribunal has done at 11 is erroneous in the light of the said judgment. The Apex Court in Pranay Sethi and Others (supra) has held at paragraph No.42 as follows:

“42. As far as the multiplier is concerned, the Claims Tribunal and the courts shall be guided by Step 2 that finds place in para 19 of Sarla Verma [Sarla Verma read with para 42 of the said judgment. For the sake of completeness, para 42 is extracted below: (Sarla Verma case SCC p. 140).

“42. We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the Table above (prepared by applying Susamma homas, Trilok Chandra and Charlie) which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is, M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years.”

5. The Apex Court clearly holds that