- 1 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.168 OF 2025 (MV-D) BETWEEN: 1. SMT. BOODEVI W/O RAVINDRA @ S RAVINDRA PRABHU AGED ABOUT 64 YEARS 2. GANESH PRASAD S/O RAVINDRA @ S RAVINDRA PRABHU AGED ABOUT 28 YEARS 3. SHIVA PRASAD S/O RAVINDRA @ S RAVINDRA PRABHU AGED ABOUT 24 YEARS ALL THE APPELLANTS ARE RESIDING AT BOMMETTI HOUSE SONANGERI POST JALSOOR VILLAGE SULLIA TALUK D K DISTRICT – 574 239. …APPELLANTS (BY SRI. RAJARAM SOORYAMBAIL, ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 AND: THE DIVISIONAL CONTROLLER K S R T C DIVISIONAL OFFICE MUKRUMPADY, DARBE POST PUTTUR TALUK D K DISTRICT – 574202. …RESPONDENT (BY SRI. F. S. DABALI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 19.07.2022 PASSED IN MVC NO.8/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PUTTUR, DAKSHINA KANNADA, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE AFORESAID MVC CASE AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FURTHER ORDERS 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 - 3 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by the claimants seeking enhancement of the compensation arising out of judgment and award dated 19.07.2022 in MVC No.8/2019 passed by the Principal Senior Civil Judge & JMFC in Motor Accident Compensation Tribunal, Puttur, D.K., (‘Tribunal’, for short), partly allowing the claim petition awarding compensation of Rs.5,64,000/- with interest at the rate of 9% p.a. as against Rs.25,00,000/- claimed with respect to death of one Ravindra @ S.Ravindra Prabhu. 2. The parties shall be referred to as per their rankings before the Tribunal for easy reference. 3. The date of accident, involvement of the vehicle, death of Ravindra @ S.Ravindra Prabhu and the liability are not in dispute. The only dispute in - 4 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 this appeal is inadequate compensation awarded by the Tribunal in the impugned judgment. 4. Heard Sri.Rajaram Sooryambail, learned counsel appearing for the appellants and Sri.F.S.Dabali, learned counsel appearing for the respondent – Corporation. 5. Sri.Rajaram Sooryambail, with all vehemence submitted that the Tribunal has awarded compensation taking the income of the deceased at Rs.9,000/- p.m. and applied multiplier of ‘7’ and awarded compensation towards loss of dependency. Insofar as loss of consortium is concerned, the Tribunal has awarded Rs.40,000/- each with respect to petitioner Nos.1 and 3 as he is specially abled person. However, the same was not extended to petitioner No.2, only on the count that he is major and earning. Further, the Tribunal has not considered the case to award 10% escalation/enhancement on the compensation - 5 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 awarded under the conventional heads. He further submits that as per the chart prepared by the Karnataka State Legal Services Authority, for the accident of the year ‘2018’, the income of the deceased ought to have been taken at Rs.12,500/- by the Tribunal. Hence, he sought to allow the appeal and enhance the compensation. 6. Refuting the submissions of learned counsel appearing for the appellant, Sri.F.S.Dabali with all vehemence submitted that the deceased was aged 63 years at the time of death and in the absence of any income proof, the Tribunal appropriately considered the income at Rs.9,000/- per month and awarded appropriate compensation. As petitioner No.2 was aged 28 years as on the date of filing petition, he was not considered for awarding any compensation. Further submits that the Corporation has paid interim compensation of Rs.50,000/- which is not in dispute and the Tribunal considering the entire - 6 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 materials available before it, awarded compensation deducting Rs.50,000/- which is just and proper and does not call for any interference at the hands of this Court. 7. Heard the learned counsel for the parties and perused the material on record. The only point that arises for consideration in this appeal is as follows: “Whether the compensation awarded by the Tribunal befit within the expression ‘just compensation’? 8. Our answer to the above point is partly in Affirmative for the following reasons: It is not in dispute that the accident has occurred on 25.10.2018. The deceased was aged 63 years. Accordingly, the multiplier applicable is ‘7’. As per the chart stated supra, income of the deceased required to be taken at Rs.12,500/-. The petitioner No.2 being the son is entitled for filial/parental - 7 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 consortium, the Tribunal has erred in not awarding compensation under the said head. Further, the petitioners are entitled for 10% enhancement on the compensation awarded under the conventional heads i.e., loss of filial consortium, loss of estate and funeral expenses. Since there are three dependants, 1/3rd of the income has to be deducted towards personal expenses. Accordingly, on re-determination of the loss of dependency, the same works out to be: Details for Computation of Loss of Dependency Monthly Income 12,500 Addition towards Future Prospects - Monthly Income + Future Prospects - Annual Income 1,50,000 Deduction towards personal expenses 1/3 50,000 Multiplicand (after deduction towards personal expenses) 1,00,000 Multiplier 7 Loss of Dependency 7,00,000 9. The Tribunal has erred in not awarding compensation towards ‘parental consortium’ to the petitioner No.2. Hence, a sum of Rs.40,000/- each is - 8 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 awarded along with 10% (1 term of three years) in terms of law declared by the Hon’ble Apex Court in the case of Rasmita Biswal & Others vs. Divisional Manager, National Insurance Company Limited And Another1. Therefore, the appellants/claimants are entitled for a sum of Rs.1,32,000/- (Rs.40,000 x 3 + 10%) under the said head. 10. The compensation awarded by the Tribunal under conventional heads such as ‘funeral expenses’ and ‘loss of estate’ does not require any interference. However, in view of the judgment of the Hon’ble Apex Court supra there shall be an escalation of 10% on the conventional heads for three years. Taking into consideration of the same, the compensation awarded by the Tribunal towards ‘loss of estate’, ‘funeral expenses’ being Rs.30,000/-, 10% escalation works out to Rs.3,000/-. The 1 (2022) 2 SC 767 - 9 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 appellants/claimants are entitled for a sum of Rs.33,000/-. 11. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Loss of Dependency : Rs. 7,00,000/- 2. Loss of Consortium : Rs. 1,32,000/- 3. Loss of Estate : Rs. 16,500/- 4. Funeral expenses : Rs. 16,500/- 5. Less Interim compensation paid : Rs. 50,000/- TOTAL : Rs. *8,15,000/- 12. The total compensation re-determined by this Court works out to *Rs.8,15,000/- as against Rs.5,64,000/- awarded by the Tribunal. The appellants – claimants are entitled for an additional compensation of *Rs.2,51,000/- (*Rs.8,15,000 – Rs.5,64,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. * Retyped and Replaced vide Court Order dated 19.12.2025. - 10 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 Respondent – Corporation is directed to deposit the enhanced compensation within eight weeks from today. 13. Accordingly, for the foregoing reasons, we proceed to pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award passed by the Tribunal in MVC.No.8/2019, dated 19.07.2022, passed by the Principal Senior Civil Judge & JMFC and Motor Accident Compensation Tribunal at Puttur, D.K., is modified; iii) The appellants – claimants are entitled for an additional compensation of *Rs.2,51,000/- (*Rs.8,15,000 – Rs.5,64,000) along with interest at 6% * Retyped and Replaced vide Court Order dated 19.12.2025. - 11 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 per annum from the date of filing of the petition till realization; iv) The enhanced compensation amount along with accrued interest shall be deposited by the respondent – Corporation, within eight weeks from today before the concerned Tribunal; v) The appellant Nos.1 to 3 are entitled for compensation in the ratio of 60:10:30. vi) Upon deposit, the entire share of appellant Nos.1 and 2 be released in their favour on proper identification. vii) Upon deposit, the entire share of appellant No.3 shall be invested in any interest bearing fixed deposit of any Nationalized Bank for a period of 5 years renewable by another period of 5 years reserving liberty to appellant No.3 to withdraw the interest amount. - 12 - HC-KAR NC: 2025:KHC:40418-DB MFA No. 168 of 2025 viii) No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 46