- 1 - HC-KAR NC: 2025:KHC-K:7780 MFA No. 201159 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE P SREE SUDHA MISCL. FIRST APPEAL NO. 201159 OF 2023 (MV-D) BETWEEN: 1. KUM. POOJA D/O LATE MAPANNA AGE: 19 YEARS, OCC: NIL, R/O VILLAGE PATTAN, TQ AND DIST KALABURAGI, PIN CODE NO.585102. 2. NAGARAJ S/O LATE MAPANNA AGE: 19 YEARS, OCC. NIL, R/O. VILLAGE PATTAN, TQ AND DIST KALABURAGI, PIN CODE 585102. 3. RANAPPA S/O LATE MAPANNA AGE: 43 YEARS, OCC: COOLIE, R/O VILLAGE PATTAN, TQ AND DIST KALABURAGI, PIN CODE 585102. …APPELLANTS (BY SRI. BABU H. METAGUDDA, ADVOCATE) AND: 1. YUSUF S/O DASTAGIR SAB, AGE MAJOR, OCC. BUSINESS, R/O REVANSIDDESHWAR COLONY, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7780 MFA No. 201159 of 2023 NEAR ALMEN SCHOOL, ALAND, DIST. KALABURAGI-585 223. 2. THE LEGAL MANAGER TATA AIG GENERAL INSURANCE HALL MARK BUILDING, 3RD FLOOR, DESAI CROSS HUBLI, PIN CODE 580029 …RESPONDENTS (SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO, (A) CALL FOR THE RECORDS IN MVC NO. 1347/2019 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM AT KALABURAGI, (B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 3.1.2022 PASSED IN MVC NO. 1347/2019 BY THE PRL SENIOR CIVIL JUDGE AND CJM AT KALABURAGI, AND ENHANCING THE COMPENSATION FROM RS.17,00,000/- WITH 6 PERCENT INTEREST TO RS, 30,00,000/- WITH 12 PERCENT INTEREST. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 03.01.2022 passed by the Principal Senior Civil Judge and CJM, Kalaburagi, in MVC No.1347 of 2019. 2. One Kumar S/o Late Mapanna met with an accident on 13.09.2019 and died. Therefore, his sister and - 3 - HC-KAR NC: 2025:KHC-K:7780 MFA No. 201159 of 2023 brothers filed a claim petition before the Tribunal, claiming compensation of Rs.30,00,000/-. The Tribunal, considering the entire evidence on record, granted compensation of Rs.17,00,000/- with interest at 6% p.a. from the date of petition till realisation and directed respondent No.2- Insurance Company to deposit the same. 3. Aggrieved by the said judgment and award, the claimants have preferred this appeal, in which it is contended that, the deceased was earning Rs.15,000/- per month, but the Tribunal has taken his income only at Rs.13,250/- per month; the amount granted for loss of estate and funeral expenses is on the lower side and the Tribunal has applied the multiplier of 15, which is incorrect and it is to be modified as 18. 6. Heard the arguments of both sides. 7. Learned counsel for the appellants, at this stage relied upon a citation reported in Ranjana Prakash and - 4 - HC-KAR NC: 2025:KHC-K:7780 MFA No. 201159 of 2023 Others Vs. Divisional Manager and Another, in which it was reiterated as follows: “8. Where an appeal is filed challenging the quantum of compensation, irrespective of who files the appeal, the appropriate course for the High Court is to examine the facts and by applying the relevant principles, determine the just compensation. If the compensation determined by it is higher than the compensation awarded by the Tribunal, the High Court will allow the appeal, if it is by the claimants and dismiss the appeal, if it is by the owner/insurer. Similarly, if the compensation determined by the High Court is lesser that the compensation awarded by the Tribunal, the High Court will dismiss any appeal by the claimants for enhancement, but allow any appeal by owner/insurer for reduction. The High Court cannot obviously increase the compensation in an appeal by owner/insurer for reducing the compensation, nor can it reduce the compensation in an appeal by the claimants seeking enhancement of compensation.” 8. Therefore, this Court finds it reasonable to confirm the judgment and award passed by the Tribunal. 9. In the result, the following order is passed: i) The appeal is dismissed and the judgment and award dated 03.01.2022 passed in MVC No.1347/2019 by the Court of Principal Senior - 5 - HC-KAR NC: 2025:KHC-K:7780 MFA No. 201159 of 2023 Civil Judge CJM at Kalaburagi is hereby confirmed. ii) The appellants are permitted to withdraw the amount as per the order of the Tribunal. SD/- (P SREE SUDHA) JUDGE LG/THM List No.: 1 Sl No.: 55