- 1 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3436 OF 2025 (MV-D) BETWEEN: JINISHA JOHN D’ SOUZA @ JUNISHA D’SOUZA D/O. LATE. JOHN D' SOUZA @ JOHN AGED ABOUT 25 YEARS, RESIDING AT D.NO.A-301, NANDALAY RESIDENCY, BEHIND MAHADEV TEMPLE, JASHODA NAGAR, BHATPORE CHORASI, SURAT, GUJARAT -394 510 PRESENTLY RESIDING AT DALIYA APARTMENT, NANTHUR MANGALURU, D.K DISTRICT- 575 006 …APPELLANT (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. MR. VALERIAN LOBO S/O LATE FELIX LOBO MAJOR, RESIDING AT D.NO.2-15/A, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 MADAMME HOUSE, MAVINAKATTE POST, BANTWAL TALUK, D.K DISTRICT- 574 219 2. NEW INDIA ASSURANCE COMPANY LTD., CITY BRANCH -II, RAM BHAVAN COMPLEX, KODIALABIL, MANGALURU, D.K. DISTRICT-575 003 …RESPONDENTS (BY SRI. KUMAR M.D., ADVOCATE FOR R1 SRI.C.R.RAVISHANKAR, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2025 PASSED IN MVC NO. 1532/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1532/2019 dated 20.02.2025 by the II Additional Senior Civil Judge and Member, MACT, Mangaluru, D.K., the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimant that on 13.05.2019, the deceased had gone to his office at St.Patrick School, Siddakatte which belongs to St.Patrick Church. Thereafter, he had attended the ordination function in the above said church followed by the lunch. When the deceased was standing on the edge of the approach road in St.Patrick Church Ground, Siddakatte, Kukkipady Village of Bantwal Taluk, at that juncture, pickup vehicle which came there to transport the articles of food caterer was taken in reverse direction in rash and negligent manner and dashed to the deceased at about 2.45 p.m. Due to the impact, the deceased had sustained multiple grievous injuries. - 4 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of Dependency : Rs. 10,16,400/- 2. Parental consortium : Rs. 48,400/- 3. Funeral expenses : Rs. 18,150/- 4. Medical expenses : Rs. 1,02,460/- 5. Conveyance/Traveling expenses : Rs. 10,000/- 6. Loss of Estate : Rs. 18,150/- TOTAL : Rs. 12,13,560/- 4. Learned counsel appearing for the appellant/claimant submits that the deceased was aged about 53 years at the time of the accident, he was working and drawing income of an amount of Rs.15,000/- per month, but the Tribunal had taken the notional income at an amount of Rs.14,000/- per month and 50% has been deducted towards personal expenses. It is submitted that the Tribunal ought to have deducted 1/3rd of the income towards personal expenses. It is submitted that on other conventional heads also, the amount that is awarded by the Tribunal needs to be enhanced. - 5 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 5. Learned counsel appearing for the respondent No.2/ Insurance Company submits that the Tribunal had rightly deducted 50% towards personal expenses and there are no grounds seeking enhancement of the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. As per the evidence on record, the deceased was working as Headmaster in St.Patrick English Medium High School, Siddakatte and earning income of an amount of Rs.15,000/- per month. The salary certificate was produced to show the income of the deceased. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income for the year 2019 is an amount of Rs.14,000/- per month. In these circumstances, as the deceased is an educated person, this Court is inclined to take the income at Rs.15,000/- and as the deceased was aged about 53 years old at the time of the accident, 10% future prospects would come to an amount of Rs.1,500/- and the income would come to an amount of Rs.16,500/- (Rs.15,000+Rs.1,500). This Court finds force in the argument of the learned counsel for the appellant that as on the date of accident, the claimant was aged 19 years - 6 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 old and this Court is inclined to deduct 1/3rd towards personal expenses i.e., Rs.5,500/-. Then the contribution to the family would be an amount of Rs.11,000/- (Rs.16,500-Rs.5,500). Hence, under the head of loss of dependency, this Court is granting an amount of Rs.14,52,000/- (Rs.11,000x11x12). Towards loss of consortium, this Court is granting an amount of Rs.44,000/-. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. The Tribunal had rightly granted an amount of Rs.1,02,460/- towards medical expenses and no interference is called for. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled for compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Dependency Rs. 10,16,400/- 14,52,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 2. Parental consortium Rs. 48,400/- 44,000/- 3. Funeral expenses Rs. 18,150/- 36,000/- 4. Medical expenses Rs. 1,02,460/- 1,02,460/- 5. Conveyance/Traveling expenses Rs. 10,000/- 00/ 6. Loss of Estate Rs. 18,150/- 00/ 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 12,13,560/- 16,44,460/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.16,44,460/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.12,13,560/- to Rs.16,44,460/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the amount as per the award. - 8 - HC-KAR NC: 2025:KHC:43561 MFA No. 3436 of 2025 iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 4 Sl No.: 59