- 1 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 6071 OF 2023 (MV-D) BETWEEN: 1. SAVITHA AGED ABOUT 32 YEARS, W/OLATE HARISH POOJARY 2. MASTER RITHWIK AGED ABOUT 6 YEARS, S/O LATE HARISH POOJARY 3. DEVU POOJARY AGED ABOUT 82 YEARS, S/O LATE GUMADA POOJARY 4. DEEKAMMA AGED ABOUT 73 YEARS, W/O DEVU POOJARY ALL ARE RESIDING AT 2-46C, SHRI LAKSHMI HOUSE, URIYALA, VALPADY VILLAGE AND POST, MOODABIDRI TALUK, PRESENTLY RESIDING AT RENTED HOUSE OF BHOJA POOJARY, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 S/O APPU POOJARY, R/AT KARIYALUR MANE, NALLUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT. APPELLANT NO.2 MINOR, REP. BY GUARDIAN/MOTHER SMT. SAVITHA …APPELLANTS (BY MS. PAYAL DECHAMMA C. V, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE) AND: 1. SHRIKANTHA @ DEJAPPA, AGED ABOUT 45 YEARS, S/O RAJU POOJARY, R/AT SRI AMBIKA, NELLIKARU VILLAGE, NELLIKAR POST, KARKALA TALUK, UDUPI DISTRICT 2. THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD MANGALORE BRANCH, 4TH FLOOR, LALBAGH TOWERS, 5-4-169/29, M.G.ROAD, BALLALBAGH, MANGALORE - 575 003 …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2 V/O. DATED 07.09.2023 NOTICE TO R1 IS D/W) - 3 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.03.2023 PASSED IN MVC NO.209/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The claimants in M.V.C.No.209/2022 on the file of the Senior Civil Judge and ACJM, Karkala, Udupi [for short, 'the Tribunal'] are in appeal, and they seek enhancement in the compensation awarded by the Tribunal. The Tribunal has awarded to the claimants a total sum of Rs.28,40,760/- along with interest at 7% per annum. The Tribunal has awarded this amount under the following heads with the corresponding apportionment. - 4 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 1 Loss of Estate Rs.16,500/- 2 Transportation and funeral expenses Rs.16,500/- 3 Loss of spousal consortium, parental consortium Rs.1,76,000/- 4 Loss of Dependency Rs.26,01,900/- 5 Medical expenses of deceased prior to his death Rs.29,862/- Total Rs.28,40,762/- Rounded of to Rs.28,40,760/- 2. The learned counsels for the parties are categorical that there is no dispute that the claimants are the wife, child and parents of the deceased Mr. Harish Poojary who has died in a road accident on 26.08.2021 when he was on the pillion of a two- wheeler and that the accident was because of the involvement of another two-wheeler. The learned counsels also do not dispute that the accident as found by the Tribunal was because the rider of the other two-wheeler was negligent. 3. The only question presented for consideration is whether there must be an - 5 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 enhancement in the compensation towards loss of dependency with the learned counsel for the appellants contending that the Tribunal has taken notional income at Rs.14,750/- per month when according to the schedule evolved for settlement in cases arising out of accidents in the year 2021, the notional income must be taken at Rs.15,000/- per month. 4. The claimants have not established the vocation of the deceased though they have contended that he was working as a bar-tender. Therefore, the loss of dependency must be computed based on the notional income, and if the notional income in the cases arising out of accidents in the year 2021 is taken at Rs.15,000/- per month, that should not be taken in the present case as well. When such notional income is taken, there would be a marginal enhancement in a sum of Rs.44,100/, which is computed thus. - 6 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 Details for Computation of Loss of Dependency Monthly Income 15,000 Addition towards Future Prospects 40% 6,000 Monthly Income + Future Prospects 21,000 Annual Income 2,52,000 Deduction Towards personal expenses 1/4 63,000 Multiplicand [After Deduction towards personal Expenses] 1,89,000 Multiplier 14 Loss of Dependency 26,46,000 This amount of Rs.26,46,000/- will be as against Rs.26,01,900/- awarded by the Tribunal, and in the circumstances, the claimants are allowed a global sum of Rs.50,000/- as enhancement in the compensation. In the light of the afore, the following: ORDER [a] The appeal is allowed and the impugned Judgment and Award dated 06.03.2023 in M.V.C.No.209/2022 on the file of the Senior Civil Judge and ACJM, Karkala, Udupi is modified granting - 7 - HC-KAR NC: 2025:KHC:47290-DB MFA No. 6071 of 2023 to the claimants a further compensation in a global sum of Rs.50,000/-. [b] The second respondent - Insurer shall deposit the global sum of Rs.50,000/- with the Tribunal within eight [8] weeks from today. If there is any failure, the second respondent shall pay the interest on the aforesaid amount at 6% per annum for the delayed period. [c] The claimants shall be entitled to this global sum equally. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE RB