- 1 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5656 OF 2024(MV-D) BETWEEN: 1. SMT PADMINI W/O LATE LOKAYYA POOJARY, AGED ABOUT 38 YEARS, R/AT D NO.2-14/A, KUTTIKALA HOUSE, MALLUR POST, MANGALURU TALUK. 2. MASTER. VAISHNAV L POOJARY S/O LATE LOKAYYA POOJARY, AGED ABOUT 9 YEARS, MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER THE APPELLANT NO.1 HEREIN Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 R/AT D NO.2-14/A, KUTTIKALA HOUSE, MALLUR POST, MANGALURU TALUK. 3. BABY SAANVI L KARKERA S/O LATE LOKAYYA POOJARY, AGED ABOUT 7 YEARS, MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER THE APPELLANT NO.1 HEREIN R/AT D NO.2-14/A, KUTTIKALA HOUSE, MALLUR POST, MANGALURU TALUK. 4. SMT. KAMALA POOJARY W/O LATE SUDA POOJARY, AGED ABOUT 81 YEARS, R/AT D NO.2-14/A, - 3 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 KUTTIKALA HOUSE, MALLUR POST, MANGALURU TALUK. …APPELLANTS (BY SRI. GURUPRASAD B.R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD SALDANHA BUILDING, BRIGADE ROAD, BALMATTA, MANGALURU-575002 REPRESENTED BY ITS MANAGER. 2. MR. MAXIM CUTINHO S/O EUGINE CUTINHO, AGED MAJOR, R/AT D NO.3-101, PERMANKI PADAVI HOUSE, ULLAIBETTU, MANGALORE-574145. …RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 (BY SRI. LAKSHMINARASAPPA, ADVOCATE FOR SRI. A.M.VENKATESH., ADVOCATE FOR R1; R2-MAXIM CUTINHO-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.03.2024 PASSED IN MVC NO.364/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.364/2020 dated 05.03.2024 by the I Addl. Senior Civil Judge and CJM at Mangaluru, D.K., whereby the Tribunal had awarded the compensation of an amount of Rs.17,65,000/-, the claimants are before this Court seeking enhancement of the compensation. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of dependency Rs. 15,75,000/- 2. Loss of consortium Rs. 1,60,000/- 3. Loss of estate Rs. 15,000/- 4. Funeral expenses Rs. 15,000/- Total Rs. 17,65,000/- 2. Learned counsel appearing for the appellants/ claimants submits that the accident had taken place in the year 2019, but the Tribunal had taken the income at Rs.10,000/- per month and granted the compensation. It is submitted that under the conventional heads also the amount that is awarded by the Tribunal is not just and reasonable and same needs to be enhanced. - 6 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 3. Learned counsel appearing for respondent No.1/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 4. Having heard the learned counsels on either side, perused the material on record. There is no dispute about the fact that the accident had taken place in the year 2019 and as per the chart, the income is Rs.14,000/- per month. As the deceased was aged about 44 years, future prospects of 25% comes to an amount of Rs.3,500/- i.e., Rs.17,500/-. As there are four dependants, 1/4th has to be deducted towards personal expenses which comes to an amount of Rs.4,375/-. Then, the contribution to the family is Rs.13,125/-. Hence, this Court is granting an amount of (13125X12X14)=Rs.22,05,000/- towards loss of dependency. Towards loss of consortium this Court is granting an amount of (44000X4)=Rs.1,76,000/- . Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 5. In the light of the law laid down by the Hon'ble Supreme Court in the case of V. Mekala vs. M. Malathi and - 7 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 Another1, the claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 6. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of dependency Rs. 15,75,000/- 22,05,000/- 2. Loss of consortium Rs. 1,60,000/- 1,76,000/- 3. Loss of estate Rs. 15,000/- 00/- 4. Funeral expenses Rs. 15,000/- 36,000/- 5. Legal expenses Rs. 00/- 10,000/- Total Rs. 17,65,000/- 24,27,000/- 7. Altogether, the claimants are entitled for compensation of an amount of Rs.24,27,000/-. 8. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.17,65,000/- to Rs.24,27,000/- and the Insurance Company is liable to pay the compensation amount and as the Tribunal had already had applied the principle of pay and recover, the Insurance Company shall pay the compensation amount and recover the same from the owner of the vehicle. 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:46264 MFA No. 5656 of 2024 i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.1/Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. iv) Respondent No.1/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. v) The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 60