- 1 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 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.3092 OF 2024 (MV-D) BETWEEN: TANVEER D @ TANVEER AHAMED W/O DADAPEER, AGED ABOUT 36 YEARS, R/O KOTE POST, SANTHEBENNUR - 577 552 DAVANAGERE TQ & DIST …APPELLANT (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. GOPALA S/O SINKRA, AGED ABOUT 48 YEARS, R/O D.NO.63/2, MELLAHALLI DINNE HEBBASALE, SAKALESHAPURA TALUK, HASSAN DISTRICT - 573 127 2. THE MANAGER, TATA AIG GENERAL INSURANCE COMPANY LTD., SHOP NO.203, ESSEL TOWERS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 2ND FLOOR, BUNTS HOSTEL CIRCLE, DAKSHINA KANNADA MANGALORE - 575 003. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI., ADVOCATE FOR R2; VIDE ORDER DATED 10.09.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT AND INTEREST AGAINST THE INTEREST AWARDED UNDER THE JUDGMENT AND AWARD DATED 27.11.2023 PASSED IN MVC NO.369/2020 ON THE FILE OF THE COURT OF THE PRL. SENIOR CIVIL JUDGE & MACT-VI, DAVANAGERE AND PASS SUCH OTHER AND FURTHER APPROPRIATE ORDERS BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by the claimant seeking enhancement of compensation arising out of judgment and award dated 27.11.2023 in MVC No.369/2020 passed by the II Additional - 3 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 Senior Civil Judge and Additional MACT-VI at Davanagere, (‘Tribunal’, for short) whereby, the Tribunal partly allowing the claim petition awarded compensation of Rs.16,84,000/- with interest at the rate of 6% per annum as against Rs.58,25,000/- with interest at the rate 12% per annum in respect of death of deceased Rubiya Khanum, wife of appellant herein. 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 Rubiya Khanum and the liability to pay the compensation are not in dispute. The only dispute in this appeal is over the adequacy of the compensation awarded by the Tribunal. 4. Heard Sri.A.Hanumanthappa, learned counsel appearing for the appellant and Sri.Ravi S. Samprathi, learned counsel appearing for respondent No.2. Vide order dated 10.09.2024, notice of this appeal to respondent No.1 is dispensed with. - 4 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 5. Sri.A.Hanumanthappa, vehemently submitted that the Tribunal has failed to consider future prospects to the existing income of the deceased and so also failed to award proper compensation under the head ‘spousal consortium’. He further submits that the Tribunal has not awarded any compensation under the head ‘loss of estate’, so also not considered the case to award 10% escalation/enhancement on the compensation awarded under the conventional heads. He further submits that the Tribunal ought to have deducted 1/3rd of income instead of 50% towards personal expenses as she was married. Further, he has contended that the compensation awarded towards death of unborn baby at Rs.1,50,000/- is meager and requires enhancement. Accordingly, sought to allow the appeal and enhance the compensation. 6. Refuting the submissions of learned counsel appearing for the appellant, Sri.Ravi S. Samprathi, supports the judgment and award passed by the Tribunal. He submits that in the absence of any proof or income, the - 5 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 Tribunal has taken Rs.14,500/- per month, fixed under the chart prepared by the Karnataka Legal Service Authority, for the year 2020. Further states that, the Tribunal awarded appropriate compensation after deducting 50% of the income towards personal expenses. Hence, the award does not call for any interference at the hands of this Court. Accordingly, sought to dismiss the appeal. 7. Heard the learned counsel appearing for the parties, 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 the expression ‘just and reasonable compensation’? 8. Our answer to the above point is partly in Affirmative for the following reasons: It is not in dispute that the deceased was 27 years as on the date of death. Accordingly, the multiplier applicable is ‘17’. In the absence of any proof of income, Tribunal has correctly taken income at Rs.14,500/- per month, as per the chart supra. Since the appellant is the only claimant, the - 6 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 Tribunal deducted 50% of the income towards personal expenses, which is just and proper and does not require any interference. Insofar as compensation awarded towards death of unborn baby at Rs.1,50,000/-, the learned counsel for the appellant has not produced any material before us to seek enhancement of the same. In the absence of the materials so also the grounds, this Court is of the opinion that the Tribunal has appropriately considered the case and awarded Rs.1,50,000/- in respect of death of unborn baby, which is just and proper and does not call for any interference. 9. Insofar as ‘loss of dependency’ is concerned, we find force in the argument of learned counsel appearing for the appellant that the Tribunal having considered the age of the deceased ought to have added 40% towards future prospectus to the existing income and the compensation awarded under ‘spousal consortium’ ought to have been Rs.40,000/- instead of Rs.25,000/-. So also the Tribunal has failed to award any compensation under the head ‘loss - 7 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 of estate’ which requires re-consideration. Further, the petitioner is entitled for 10% enhancement on the compensation awarded under the conventional heads. On re-determination, the loss of dependency, works out to: Details for Computation of Loss of Dependency Monthly Income 14,500 Addition towards Future Prospects 40% 5,800 Monthly Income + Future Prospects 20,300 Annual Income 2,43,600 Deduction Towards personal expenses 50% 1,21,800 Multiplicand (After Deduction towards personal expenses) 1,21,800 Multiplier 17 Loss of Dependency 20,70,600 10. The Tribunal has erred in awarding meager compensation towards ‘spousal consortium’ to the appellant at Rs.25,000/-. Hence, a sum of Rs.40,000/- is awarded along with 10% escalation (1 term of three years). The accident is of the year 2020. The first three years must be between 2017-2020. Therefore, the appellant/claimant is entitled for a sum of Rs.44,000/- (Rs.40,000 + 10%). - 8 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 11. The Tribunal has erred in not awarding compensation under the head ‘loss of estate’. Hence, a sum of Rs.15,000/- is awarded. There shall be an escalation of 10% on the conventional heads for three years. Taking into consideration of the same, the compensation awarded by towards ‘loss of estate’, ‘funeral expenses’ being Rs.30,000/-, 10% escalation works out to Rs.3,000/-. The appellant/claimant is entitled for a sum of Rs.33,000/-. 12. The Tribunal has awarded a sum of Rs.14,908/- towards ‘Medical Expenses’, which is as per medical bills and does not call for any interference. 13. The Tribunal has awarded a sum of Rs.1,50,000/- towards ‘death of unborn baby’, does not call for any interference, in the absence of any material for higher compensation as contended. 14. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Loss of Dependency : Rs. 20,70,600/- - 9 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 2. Loss of spousal consortium : Rs. 44,000/- 3. Loss of Estate : Rs. 16,500/- 4. Funeral expenses : Rs. 16,500/- 5. Medical expenses : Rs. 14,908/- 6. Death of unborn baby : Rs. 1,50,000/- TOTAL : Rs. 23,12,508/- 15. The total compensation re-determined by this Court works out to Rs.23,12,508/- rounded off to Rs.23,13,000/- as against Rs.16,84,000/- awarded by the Tribunal. The appellant – claimant is entitled for an additional compensation of Rs.6,29,000/- (Rs.23,13,000 – Rs.16,84,000) along with interest at the rate of 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 – Insurance Company is directed to deposit the enhanced compensation within eight weeks from today. 16. Accordingly, for the foregoing reasons, we proceed to pass the following: - 10 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 ORDER i) The appeal is allowed-in-part; ii) The judgment and award passed by the Tribunal in MVC.No.369/2020, dated 27.11.2023, passed by the II Additional Senior Civil Judge and Additional MACT-VI at Davanagere, is modified; iii) The appellant – claimant is entitled for an additional compensation of Rs.6,29,000/- (Rs.23,13,000 – Rs.16,84,000) along with interest at the rate of 6% per annum from the date of filing of the petition till realization; iv) The enhanced compensation amount along with accrued interest supra shall be deposited by the respondent No.2 – Insurance Company, within eight weeks from today before the concerned Tribunal; - 11 - HC-KAR NC: 2025:KHC:40419-DB MFA No. 3092 of 2024 v) Release and deposit of the compensation amount shall be as per the impugned order of the Tribunal. vi) No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 41