- 1 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.7303 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.7224 OF 2024 (MV-D) IN MFA No.7303/2024 BETWEEN: 1. C. RUDRESH, S/O LATE CHOUDAPPA, AGED ABOUT 61 YEARS, 2. SMT. NARASAMMA W/O C. RUDRESH, AGED ABOUT 55 YEARS, BOTH ARE R/O #94/23, VRL ROAD, BAMBOO BAZAR, DAVANAGERE - 577 001. &APPELLANTS (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. MAHANTHESHA @ MANTESHA BHARAMAGOUDRA S/O HANUMANTAGOUDRA, AGED ABOUT 27 YEARS, R/O YALAGACHHA VILLAGE, HAVERI DISTRICT - 581 110. Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 2. JAFARSAB KWATI, S/O MEHABOOBSAB, AGED ABOUT 28 YEARS, R/O YALAGACHHA VILLAGE, HAVERI DISTRICT - 581 110. 3. THE MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., POLICY ISSUING OFFICE, 1ST FLOOR, VIRUPKSHA KRUPA, OPP: KIMS MAIN GATE, PB ROAD VIDYA NAGAR, HUBLI - 580 021. &RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R3; NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.05.2024 PASSED IN MVC NO. 269/2022 ON THE FILE OF THE PRINCIPLE SENIOR CIVIL JUDGE AND CJM, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7224/2024 BETWEEN: 1. THAMMANNA, S/O DYAMAPPA, AGED ABOUT 71 YEARS, 2. SMT. YALLAMMA, W/O THAMMANNA AGED ABOUT 66 YEARS, BOTH ARE R/O VINOBHANAGAR, NYAMATI POSTS, - 3 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 HONNALLI TALUK, DAVANAGERE DISTRICT. 3. SMT. GANGAMMA.R, W/O DECEASED SHIVARAJU, AGED ABOUT 36 YEARS, 4. SANJANA.S, D/O DECEASED SHIVARAJU, AGED ABOUT 16 YEARS, 5. PRATHIKSHA.S, D/O DECEASED SHIVARAJU, AGED ABOUT 14 YEARS, 6. ISHWARYA.S, D/O DECEASED SHIVARAJU, AGED ABOUT 11 YEARS, 7. TEJASHREE.S, D/O DECEASED SHIVARAJU, AGED ABOUT 9 YEARS, APPELLANTS NO.4 TO 7 ARE MINORS HENCE, REP. THROUGH THEIR NATURAL GUARDIAN MOTHER i.e., APPELLANT NO.3, ALL R/O DODDABATHI VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT. ...APPELLANTS (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. MAHANTHESHA @ MANTESHA BHARAMAGOUDRA, S/O HANUMANTAGOUDRA, - 4 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 AGED ABOUT 27 YEARS, R/O YALAGACHHA VILLAGE, HAVERI DISTRICT - 581 110. 2. JAFARSAB KWATI, S/O MEHABOOBSAB, AGED ABOUT 28 YEARS, R/O YALAGACHHA VILLAGE, HAVERI DISTRICT - 581 110. 3. THE MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., POLICY ISSUING OFFICER, 1ST FLOOR, VIRUPAKSHA KRUPA, OPP: KIMS MAIN GATE, P.B. ROAD VIDYA NAGAR, HUBLI - 580 021. ...RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R3; NOTICE TO R1 AND R2 IS DISPOSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DT.22.05.2024 PASSED IN MVC NO.270/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS ARE COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF - 5 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These two appeals arising out of the same accident but are in different MVC Nos.269/2022 and 270/2022, with similar date 22.05.2024, passed by the Principal Senior Civil Judge and CJM, Davanagere, (8the Tribunal9 for short), are on quantum of compensation. 2. Though these appeals are on different claim petitions, but arising out of same accident, taken up together and disposed of by this common judgment. 3. The date of the accident, the death of Pramod and Shivaraju, involvement of the vehicle and the liability to pay compensation are not in dispute. The only dispute raised by the claimants in both appeals is with respect to the monthly income considered at Rs.15,000/- per month, for the accident occurred in the year 2022. - 6 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 4. Heard Sri.Hanumanthappa.A., learned counsel for the appellants and Sri.H.S.Lingaraju, learned counsel for the third respondent-Insurer, in both the appeals. Notice of these appeals to first and second respondents is dispensed with. 5. Sri.Hanumanthappa, taking us through the judgment and award passed by the Tribunal, as well as the documents placed on record submits that the deceased Pramod and Shivaraju were working as Carpenters prior to the accident. Both the deceased had completed their SSLC, which is evident from Marks card produced at Ex.P11 (in MVC No.269/2022), Exs.P17 to 20 (MVC No.270/2022). The Karnataka State Legal Services Authority has prepared a chart fixing the income of Rs.15,500/- per month for the year 2022 for an unskilled labor, for settling the claims before the Lok Adalat. As the deceased were working as Carpenters, the Tribunal must have considered their income as per salary certificate at Ex.P12. - 7 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 6. Learned counsel further submits that the claimants are also entitled to 10% escalation on the compensation awarded under the conventional heads in both the appeals. 7. So far as MFA No.7224/2024 is concerned, Sri.Hanumanthappa submits that there are totally 7 claimants survived the deceased. They are parents, wife and children of deceased Shivaraju. The Tribunal has awarded only a sum of Rs.80,000/- under the head loss of consortium. In view of the settled position of law, each claimant is entitled to a sum of Rs.40,000/- under the loss of consortium (spousal/filial/parental). In these circumstances, the compensation awarded under the head loss of consortium must be enhanced. 8. Conversely, Sri.H.S.Lingaraju, supporting the judgment and award, submits that though the SSLC marks card are produced to show that the deceased had completed SSLC, but they are - 8 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 photocopies of the originals. He further submits that, the author of Ex.P12 - Salary certificate has not been examined to prove the document. In these circumstances, the Tribunal, in the absence of any proof of income, considered the income at Rs.15,000/-. However, Sri Lingaraju, submits that the income fixed under the chart may be considered which is at Rs.15,500/- per month i.e., Rs.500/- over and above. 9. So far as escalation of 10% on conventional heads is concerned, Sri.Lingaraju, with all fairness, submits that the issue has been settled by the Hon9ble Apex Court. 10. Considering the submissions of learned counsel appearing for the parties, perused the entire appeal papers along with trial Court record, the only point that would arise for our consideration is as under: - 9 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 Whether the claimants in both the appeals have made out any case for enhancement of compensation awarded by the Tribunal? 11. Our answer to the above point is partly in affirmative for the following: REASONS 12. Admittedly, though the photocopies of the SSLC marks cards were produced by the claimants before the Tribunal, they were marked and taken on record without any objection. However, so far as salary certificate pertaining to the deceased, indicating that they were being paid Rs.1,200/- to Rs.1,500/- per day, has not been substantiated by the evidence of the author of the said document. In these circumstances, the salary certificate produced cannot be considered for determining the income of the deceased. - 10 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 13. However, the fact remains that both the deceased had completed their studies up to SSLC. This fact must not be ignored while considering the income. The income fixed under the chart is with respect to unskilled laborer. A person who has completed SSLC cannot be equated with an unskilled labor. In these circumstances, we are of the opinion that if the income at the rate of Rs.16,500/- per month is considered would meet the ends of justice. 14. The claimants are also entitled to escalation of 10% on the conventional heads, in terms of law laid down by the Hon'ble Apex Court in NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI AND OTHERS1. 15. So far as appeal in MFA No.7242/2024 is concerned, the Tribunal has awarded compensation under the 8Loss of Filial Consortium9 only in favour of 1 (2017) 16 SCC 680 - 11 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 the parents and wife, to the exclusion of the children, which in terms of the settled position of law is unsustainable and requires interference. There are seven claimants who survived the deceased each entitled for Rs.40,000/- towards 8Loss of Consortium9 (spousal/ parental/ filial). Accordingly, the compensation awarded under the head 8Loss of Consortium9 required to be enhanced. 16. In view of large number of dependents, the deduction towards personal expenses is at 1/5th. Considering the higher income and 1/5th towards personal expenses, the compensation awarded under the head loss of dependency requires re- determination. 17. For the foregoing reasons, the compensation awarded by the Tribunal in both claim petitions requires to be re-determined and reassessed as under: - 12 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 In MFA No.7303/2024: Sl. No. Particulars Amount In Rs. 1. Loss of Dependency (Rs.16,500 + 40%) x 12 x 16 x 50% 22,17,600/- 2. Loss of Estate 15,000/- 3. Funeral Expenses 15,000/- 4. Filial Consortium (Rs.40,000 x 2) 80,000/- 5. 10% Escalation for one term of completed three years (1,10,000x10%) 11,000/- TOTAL 23,38,600/- 18. Accordingly, the claimants are entitled to a sum of Rs.23,38,600/- as against Rs.21,26,000/-. The enhanced compensation would be Rs.2,12,600/-, which shall carry interest at the rate of 6% per annum from the date of the petition till realization. - 13 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 In MFA No.7224/2024: Sl. No. Particulars Amount In Rs. 1. Loss of Dependency (Rs.16,500 + 40% x 12 x 16 x 4/5) 35,48,160/- 2. Loss of Estate 15,000/- 3. Funeral Expenses 15,000/- 4. Filial Consortium (Rs.40,000 x 7) 2,80,000/- 5. 10% escalation for one term of completed three years (3,10,000x10%) 31,000/- TOTAL 38,89,160/- Rounded off 38,89,200/- 19. Accordingly, the claimants are entitled for a sum of Rs.38,89,200/- as against Rs.33,75,600/-. The enhanced compensation would be Rs.5,13,600/-, which shall carry interest at the rate of 6% per annum from the date of the petition till realization. - 14 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 20. For the foregoing reasons, we proceed to pass following: ORDER i. Both the appeals are allowed-in-part. ii. The judgment and award dated 02.05.2022 passed in MVC No.269/2022 and MVC No.270/2022, by the Principal Senior Civil Judge and CJM, Davangere, are modified and enhanced. iii. The claimants in MVC.No.269/2022 (in MFA.No.7303/2022) are entitled to enhanced compensation of Rs.2,12,600/-, which shall carry interest at the rate of 6% per annum from the date of the petition till realization. iv. The claimants in MVC.No.270/2022 (in MFA.No.7224/2024) are entitled to enhanced compensation of Rs.5,13,600/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization. v. The third respondent-Insurer in both the appeals shall deposit the enhanced compensation, along with the aforesaid interest before the concerned Tribunal - 15 - HC-KAR NC: 2025:KHC:48517-DB MFA No. 7303 of 2024 C/W MFA No. 7224 of 2024 within eight weeks from the date of receipt of copy of this order. vi. Upon deposit, the entire amount in MVC No.269/2022 shall be released in favour of the claimants as per the apportionment directed by the Tribunal on proper identification. vii. After deposit of the amount stated supra in MVC.No.270/2022, apportionment and disbursement shall be as per the directions of the Tribunal. viii. No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE TMP List No.: 1 Sl No.: 10