- 1 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3984 OF 2020 (MV-D) BETWEEN: MRS. SULOCHANA SUVARNA W/O LATE DEVENDRA BANGERA AGED ABOUT 62 YEARS R/AT 7-29, KAMALA NIVASA TANNIRUBHAVI ROAD BOCKPATNA, BENGRE MANGALURU TALUK, D.K-575 007. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE) AND: 1. MISS SHWETHA A.K., D/O ASHOK KUMAR ADULT R/AT NO.19-10-643 OLD KENT ROAD, PANDESHWAR MANGALURU TALUK D.K DISTRICT-575 001. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO LTD., OPP. POPULAR BUILDING HAMPANAKATTA, MANGALURU TALUK D.K DISTRICT-575 001. …RESPONDENTS (BY SRI. K. SURESH.,ADVOCATE FOR R2; VIDE ORDER DATED 13.04.2023 NOTICE TO R1 IS D/W) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.02.2020 PASSED IN MVC NO.634/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU, 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 UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 11.02.2020 in M.V.C No.634/2018 passed by the IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru (hereinafter referred to as 'the Tribunal') seeking enhancement of compensation. Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal. 2. Brief facts of the case are that, on 04.10.2017, at about 07.30 p.m, the deceased Anil Kumar who was the son of claimant met with an accident near Kuduremukha Junction, on Thannirbavi to Kuduremukha road, due to rash and negligent driving of a car bearing registration No. KA19-MD-5031 by its driver. Due to impact the said Anil Kumar sustained grievous - 3 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 injuries and succumbed to the same. With these reasons the claimant being the mother of deceased filed the petition praying to award compensation. 3. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle. Both the respondents have appeared and filed their respective written statements denying the averments of the claim petition. Respondent No.2 also denied its liability to pay the compensation. With these reasons, respondents prayed to dismiss the claim petition. 4. The Tribunal framed the necessary issues; recorded the evidence of the parties to the proceedings and after hearing the arguments held that the accident occurred due to rash and negligent driving of the car by its driver. The Tribunal assessed the age of the claimant as 39 years, applied multiplier as 15, monthly income as Rs.10,000/- per month, considered future prospect as '40%' and deducted '50%' of his income towards personal expenses and awarded following amount of compensation: Head of compensation Amount Funeral expenses Rs.16,500/- - 4 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 Loss of consortium Rs.44,000/- Loss of estate Rs.16,500/- Loss of dependency Rs.9,00,000/- Future prospects Rs.3,60,000/- Total Rs.13,37,000/- 5. Being dissatisfied by the amount of compensation awarded by the Tribunal, the claimant preferred this appeal. 6. Learned counsel for the appellant vehemently contended that deceased was a fisherman; he has produced certificate given by Mangalore Hadinaru Patna Minugarika Souharda Vividoddesha Sahakari Niyamita, as per Ex.P18. Deceased was a qualified person and his school records are placed on record at Ex.P19 to Ex.P21. Considering these facts, Tribunal ought to have assessed his income at Rs.30,000/- per month as noted in the pleading and evidence. The Tribunal has failed to consider the same and has not properly appreciated the evidence. Therefore, prayed to consider the same and assess the income of the deceased at Rs.30,000/- per month and award the compensation accordingly. - 5 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 7. Learned counsel for the respondent No.2 supports the impugned judgment and submits that there are no reasons to interfere in the findings of the Tribunal and prays to dismiss the present appeal. 8. I have heard the arguments. 9. The accident occurred in the year 2017, Ex.P18 do not reveal anything about his income. It only discloses that he was a fisherman and member of the said Society. There are no other materials to substantiate the contention of appellant. Therefore, the Tribunal assessed the notional income of the claimant as Rs.10,000/- per month. If we consider the chart of notional income prepared by the Karnataka State Legal Services Authority, then the income of the deceased can be considered as Rs.11,000/- per month. The remaining calculation made by the Tribunal is not challenged or disputed by the respondent-Insurer. 10. On the basis of the said income, the compensation under the heard loss of dependency is to be recalculated. Accordingly the following amount of compensation is awarded: - 6 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 Head of compensation Amount Funeral expenses Rs.16,500/- Loss of consortium Rs.44,000/- Loss of estate Rs.16,500/- Loss of dependency (Rs.11,000/- + 40%X12X15X50%=Rs.13,86,000/-) Rs.13,86,000/- Total Rs.14,63,000/- Amount awarded by the Tribunal Rs.13,37,000/- Enhancement- Rs.1,26,000/- 11.The claimant is entitled to interest at the rate of 6% per annum on the enhanced amount from the date of claim petition till its realization. Undisputedly respondents are liable to pay the same. 12. Accordingly, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 11.02.2020, passed in M.V.C No.634/2018 by the IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru stands modified. iii) The claimant is entitled for enhanced compensation of Rs.1,26,000/-, with interest at the - 7 - HC-KAR NC: 2025:KHC:40042 MFA No. 3984 of 2020 rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The claimant is aged about 62 years at the time of filing of the present appeal. Therefore entire enhanced amount with interest shall be released in favour of claimant on due identification. Vi) Send back TCR with copy of judgment to trial Court. Sd/- (UMESH M ADIGA) JUDGE RL List No.: 1 Sl No.: 10