- 1 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6156 OF 2023 (MV-D) BETWEEN: 1. RATHNAVATHI AGED ABOUT 48 YEARS, W/O LATE CHANDRASHEKAR MADIVALA, 2. KUMARI BHAVYA, AGED ABOUT 26 YEARS, 3. KUMARI DIVYA, AGED ABOUT 26 YEARS, APPELLANT NOS.2 AND 3 ARE CHILDREN OF LATE CHANDRASHEKAR MADIVALA, 4. JALAJA SALIAN, AGED ABOUT 83 YEARS, W/O LATE BHOJA MADIVALA, ALL ARE RESIDING AT MAMATHA NIVASA, BAJAGOLI POST, MUDARU VILLAGE, KARKALA TALUK …APPELLANTS (BY SRI. H PAVANA CHANDRA SHETTY., ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 AND: 1. VIJESH KUMAR AGED ABOUT 32 YEARS, S/O VAJRANABHA JAIN, R/AT MAHAVEERA NILAYA, HOSABETTU, NARAVI POST AND VILLAGE, BELTHANGADY TALUK 2. THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., MANGALORE BRANCH, 3RD FLOOR, LALBHAGH TOWER, M.G.TOWER, MANGALORE - 575 003. …RESPONDENTS (BY SRI. S.V HEGDE MULKHAND., ADVOCATE FOR R2; VIDE ORDER DATED 22.04.2024, NOTICE TO R1 IS DISPENSED WITH ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 08.02.2023 PASSED IN MVC NO.260/2022 BY THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, UDUPI, TO THE EXTENT OF DISALLOWED CLAIM AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION, IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) On a short point, this appeal is by the claimants calling in question the judgment and award dated 08.02.2023, in MVC No.260/2022, passed by the Senior Civil Judge and ACJM at Karkala, Udupi (for short ‘Tribunal’), seeking for enhancement. 2. The date of accident, involvement of the vehicle, death of one Sri.Chandrashekara Madivala and the liability to pay the compensation are not in dispute. The only dispute is with regard to non- consideration of correct income that has resulted in inadequate compensation under the head ‘loss of dependency’. 3. Heard Ms.Swathi, the learned counsel for Sri.H.Pavana Chandra Shetty, who is on record for - 4 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 the appellants, and Sri.S.V.Hegde Mulkand, learned counsel appearing for respondent No.2. Vide order dated 22.04.2024, Notice of this appeal on respondent No.1 is dispensed with. 4. Ms.Swathi Hegde, taking this Court through the impugned judgment and award passed by the Tribunal, would contend that the date of accident was 26.01.2022. As per the chart prepared by the Karnataka State Legal Services Authority, Bengaluru (for short ‘KSLSA’), income fixed insofar as the ‘unskilled laborers’ for the year 2022 is Rs.15,500/- p.m. The Tribunal has taken the monthly income at Rs.14,750/- which is against the income fixed in the Chart. In these circumstances, the compensation awarded by the Tribunal under the head ‘loss of dependency’ requires reconsideration. 5. Sri.S.V.Mulkand, is not in disagreement regarding the income under the chart, but contended that in view of failure to produce the proof of income, - 5 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 the Tribunal has considered the income at Rs.14,750/- considering the age of the deceased as on the date of the accident. In these circumstances, he submits that the compensation awarded by the Tribunal does not call for any interference. 6. Having heard the learned counsels for the parties, the point that arises for our consideration is: “Whether the compensation awarded by the Tribunal befits the expression ‘just compensation?” Our answer to the above point for consideration is ‘partly in the affirmative’ for the following reason: 7. It is not in dispute that as per the chart the income fixed for the year 2022 is Rs.15,500/- p.m., with respect to ‘unskilled labourer’. Admittedly, the accident has occurred on 26.01.2022, the Tribunal in the absence of proof of income must have considered the income fixed under the chart i.e., - 6 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 Rs.15,500/-. In the said circumstances, the monthly income considered by the Tribunal requires reconsideration. The Tribunal has considered appropriate multiplier, so also additional 10% towards ‘future prospects’ considering the age of the deceased being 59 years as on the date of accident, which is just and proper, taking 1/4th as deduction towards dependants. On re-determination, the loss of dependency, works out to: Monthly Income 15,500 Addition towards Future Prospects 10% 17,050 Monthly Income + Future Prospects 32,550 Annual Income 3,90,600 Deduction Towards personal expenses 3/4 2,92,950 Multiplier and [After Deduction towards personal Expenses] 2,92,950 Multiplier 9 Loss of Dependency 13,81,050/- 8. Thus, in all, the appellant/claimant is entitled for total compensation on re-determination under various heads as follows: - 7 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 Sl. No. Particulars By Tribunal Re-determined 1 Loss of Estate Rs. 16,500/- 16,500/- 2 Funeral and Transportation Expenses Rs. 16,500/- 16,500/- 3 Loss of Filial Consortium Rs. 1,76,000/- 1,76,000/- 4 Loss of Dependency (Rs.15,500 + 10 % x 12 x 9 x 3/4) Rs. 13,14,250/- 13,81,050/- TOTAL Rs. 15,23,250/- 15,90,050/- ROUNDED OFF 15,90,100/- ENHANCEMENT Rs. 66,850/- 9. The total compensation re-determined by this Court works out to Rs.15,90,050/- (rounded off to Rs.15,90,100/-) as against Rs.15,23,250/- awarded by the Tribunal. The appellants – claimants are entitled for an enhanced compensation of Rs.66,850/- (Rs.15,90,100/- – Rs.15,23,250/-) along with interest at the rate of 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 – Insurance Company is directed to deposit the enhanced compensation before the Tribunal within 8 weeks from today. - 8 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 10. Accordingly, for the foregoing reasons, we proceed to pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 08.02.2023, in MVC No.260/2022, passed by the Senior Civil Judge and ACJM at Karkala, Udupi is modified; iii) The appellants – claimants are entitled for an additional compensation of Rs.66,850/- (Rs.15,90,100/- – Rs.15,23,250/-) along with interest at the rate of 6% per annum from the date of filing of the petition till realization. iv) The enhanced compensation amount along with accrued interest supra shall be deposited by the respondent No.2 – Insurance Company, within 8 weeks - 9 - HC-KAR NC: 2025:KHC:42731-DB MFA No. 6156 of 2023 from the date of receipt of the copy of this order before the concerned Tribunal; v) Upon deposit, entire compensation amount shall be released in favour of wife of the deceased on proper identification. vi) No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 12