- 1 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1992 OF 2024 (MV-D) BETWEEN: 1. MR. ADRAM BYARI S/O BAAPA KUNHI, AGED ABOUT 68 YEARS, R/AT D NO.4-168, KAYYUR HOUSE, MANCHI POST, MANCHI, BANTWAL, PRESENTLY R/AT ZOHARA MANZIL, ASAIGOLI, KONAJE, MANGALURU. 2. SMT. AVVAMMA W/O ADRAM BYARI, AGED ABOUT 58 YEARS, R/AT D NO.4-168, KAYYUR HOUSE, MANCHI POST, MANCHI, BANTWAL, PRESENTLY R/AT ZOHARA MANZIL, ASAIGOLI, KONAJE, MANGALURU. 3. MR. MOHAMMED MUSTHAFA K S/O ADRAM BYARI, AGED ABOUT 34 YEARS, R/AT D NO.4-168, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 KAYYUR HOUSE, MANCHI POST, MANCHI, BANTWAL, PRESENTLY R/AT ZOHARA MANZIL, ASAIGOLI, KONAJE, MANGALURU. 4. MR. USMAN AFFAN K S/O ADRAM BYARI, AGED ABOUT 30 YEARS, R/AT D NO.4-168, KAYYUR HOUSE, MANCHI POST, MANCHI, BANTWAL, PRESENTLY R/AT ZOHARA MANZIL, ASAIGOLI, KONAJE, MANGALURU. 5. AYSHA D/O ADRAM BYARI, AGED ABOUT 28 YEARS, R/AT D NO.4-168, KAYYUR HOUSE, MANCHI POST, MANCHI, BANTWAL, PRESENTLY R/AT ZOHARA MANZIL, ASAIGOLI, KONAJE, MANGALURU. …APPELLANTS (BY SRI. GURUPRASAD B R.,ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LTD MAXIMUS COMMERCIAL COMPLEX, 4TH FLOOR, - 3 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 LIGHT HOUSE HILL ROAD, OPP TO KMC COLLEGE, MANGALURU-575001 REPRESENTED BY ITS MANAGER. 2. MR. UMMAR KUNCHI S/O SEEDI KUNCHI, AGED ABOUT 45 YEARS, R/AT NADIGUTTU HOUSE, BALEPUNI POST AND VILLAGE, BANTWAL TALUK-574153 3. MR. RENJITH GEORGE S/O GEORGE, AGED MAJOR, R/AT MANGALY HOUSE, VADAKKUMBHAGAM, MANJAPPA ANGAMALY, ALUVA, ERNAKULAM, KERALA-683581 …RESPONDENTS (BY SRI. LINGARAJ H S.,ADVOCATE FOR R1) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.06.2023 PASSED IN MVC NO.970/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MACT, MANGALURU, D.K, 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: - 4 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the claimants being dissatisfied by the inadequate compensation awarded by the I Additional Senior Civil Judge and CJM and M.A.C.T., Mangaluru, D.K. 2. The short point for consideration in this appeal is whether the income of the deceased is to be taken at Rs.14,000/- as against Rs.10,000/- awarded by the Tribunal. Secondly, whether the consortium awarded by the tribunal is to be enhanced. 3. The facts of the case with regard to occurrence of accident, involvement of the vehicle on 25/04/2019 leading to the death of Sri.Ahamad Sinan @ Mohammed Sinan has been proved and established by production of Ex.P1 to Ex.P12. Income is taken by the tribunal at Rs.10,000/- whereas the legal Services Authority chart prior 2019 prescribes Rs.14,000/- per month. The tribunal has added future prospects at 40% and deducted personal - 5 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 and living expenses at 50% which does not call for interference same is retained. Therefore, in view of this court modifying the income to Rs.14,000/- per month, the loss of dependency would stand enhanced as follows Rs.14,000/- + 40% = Rs.19,600/- X 50% would be Rs.9800/- X 12 X 18 = Rs.21,16,800/- as against Rs.15,12,000/- 4. The tribunal awarded Rs.80,000/- towards loss of consortium and the same requires to be modified. As there are five dependents, each would be entitled to a sum of Rs.40,000/- per head as per the judgment of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680. Therefore, under the head loss of consortium, the claimants are entitled for Rs.2,00,000/- (Rs.40,000/- x 5) along with 10% escalation towards one block period, which would be Rs.2,20,000/- (Rs.2,00,000/- + 10%). - 6 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 5. The tribunal awarded Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, which also do not call for interference. In all, the claimants would be entitled to Rs.30,000/- under these heads. However, 10% escalation on the same to be awarded, which would come to Rs.33,000/- (Rs.30,000/- + 10%). 6. In view of the above discussions, appellants would be entitled for a total compensation of Rs.23,69,800/- as against Rs.16,22,000/- as mentioned in the table below: Heads Amount in Rs. Loss of dependency 21,16,800.00 Loss of Consortium 2,20,000.00 Loss of estate and funeral expenses 33,000.00 TOTAL 23,69,800-00 7. Accordingly I pass the following order. ORDER i) Appeal is allowed in part. - 7 - NC: 2025:KHC:4172 MFA No. 1992 of 2024 ii) Judgement and award of the tribunal is modified iii) Appellants shall be entitled to total compensation of Rs.23,69,800/- along with interest at 6% per annum. iv) Balance compensation shall be paid within a period of 4 weeks from the date of receipt of copy of the order. v) All other terms and conditions stipulated by the tribunal stands retained. vi) Appellants shall not be entitled to interest for the delay period. vii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 11