IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI M.F.A. NO.100780 OF 2015 (MV-D)

BETWEEN:

1. MALLIKARJUN S/O. BASAPPA CHACHADI, AGE: 37 YEARS, OCC: COOLIE, R/O. HITTANAGI, TQ. SAVADATTI, DIST: BELAGAVI.

2. SMT. KAMALAVVA KOM MALLIKARJUN CHACHADI, AGED ABOUT 32 YEARS, OCC: HOUSEHOLD WORK, R/O. HITTANAGI, TQ. SAVADATTI, DIST: BELAGAVI.

…APPELLANTS (BY SRI. K. ANANDKUMAR, ADVOCATE)

AND:

1. THE MANAGING DIRECTOR, NWKRTC GOKUL ROAD, HUBLI, TQ: HUBLI, DIST: DHARWAD.

Digitally signed 2. THE SELF INSURANCE FUND, by V N BADIGER Location: HIGH NWKRTC GOKUL ROAD, HUBLI, COURT OF KARNATAKA, TQ: HUBLI, DIST: DHARWAD.

DHARWAD BENCH …RESPONDENTS (BY SRI. M. M. KHANNUR, ADV. FOR R1 AND R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 02.11.2010 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT DHARWAD IN M.V.C. NO.270/2008 AND ENHANCE THE COMPENSATION AS PRAYED IN THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

Though the matter is posted for admission, with the consent of learned counsels appearing for both side, the matter is taken up for final disposal.

2. The Claimants in MVC No.270/2008 on the file of the Principal Senior Civil Judge & CJM & Additional MACT, Dharwad have come up with this appeal praying for enhancement of the compensation by awarding compensation as prayed in the claim petition.

3. The Claimants have maintained the petition in MVC. No.270/2008 praying for compensation for the death of their minor child in a Road Traffic Accident occurred on 04.05.2008 at 5.00 p.m., near Savadatti Bus Stand, on account of actionable negligence on the part of the driver of NWKRTC Bus bearing Reg.No.KA-22-F-1224. The learned tribunal relying on the decisions reported in 2008 Karnataka MAC 364 and 2009 ACJ 1924, awarded compensation of Rs.1,80,000/- to the Claimants along with interest thereon at the rate of 6% p.a. from the date of petition till the date of realization.

4. There is no dispute regarding the occurrence of the accident or the actionable negligence on the part of the driver of the offending vehicle. The Claimants have approached this Court praying for enhancement of the compensation on the ground that the Tribunal has awarded meager global compensation in the case without considering material facts, documents and the evidence on record. They have further stated that the Tribunal has even failed to award compensation under some particular heads such as transpiration on dead body, funeral expenses, loss of love and affection, loss of estate, etc.

5. During the course of argument, learned Counsel for the Claimants relied upon the decision of this High Court in Sadashiv Aihole & Mang and Another Vs Basappa S/o Shankarappa Mang and Others, in MFA No.

24140/2011. This was a case wherein compensation was claimed for the death of about 4 years old boy in a road traffic accident. This Court relying on a decision of the Hon’ble Apex Court in Kishan Gopal vs. Lala, LAW (SC) 2013 8 57, determined quantum of compensation under the head of loss of income as Rs.4,50,000/- and compensation under conventional heads as Rs.50,000/- and awarded a total compensation of ₹5,00,000/- to the Claimants therein together with interest at the rate of 6% p.a.

6. Perusal of the case papers reveal that the case on hand is of similar circumstances as in the above referred decisions. The deceased is a boy aged about 3 years. He said to have met with an accident while in the company of his grand mother. It is the definite case of the Claimants that the deceased had succumbed to the injuries at the spot.

7. Per contra, learned Counsel for Respondents tried to justify the compensation aw