- 1 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.10108/2018 (MV-D) BETWEEN: 1. SRI. BABY ALIAS CHACKO S/O MICHAL AGED ABOUT 58 YEARS. 2. SMT. MOLI W/O P. BABY ALIAS CHACKO AGED ABOUT 52 YEARS. BOTH ARE RESIDING AT KOTHALAHAL HOUSE MUDOOR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT. …APPELLANTS (BY SRI. KISHAN G.M. ADV., FOR SRI. VINOD KUMAR M, ADV.,) AND: 1. NATIONAL INSURANCE CO., LTD., REP. BY IT'S MANAGER BRANCH OFFICE, H.NO.12-10-97/57 1ST FLOOR, S.S. TOWER PARAS GARDEN, RAICHUR RAICHUR DISTRICT. 2. SRI. SURESH ANGADI S/O BASAVARAJA SWAMY AGED ABOUT 27 YEARS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 NEAR GRAMA PANCHAYAT HEROOR, HEROOR POST GANGAVATHI TALUK KOPPAL DISTRICT. …RESPONDENTS (BY SRI. SHANKAR REDDY C, ADV., FOR R1 R2 NOTICE D/W V/O/DTD:11.02.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.991/2016 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT KUNDAPURA. SET ASIDE THE JUDGMENT AND AWARD DATED 21.04.2018 PASSED IN MVC NO.991/2016 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT KUNDAPURA AND TO MODIFY THE SAME BY ENHANCING AND ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation being aggrieved by the judgment and award dated 21.04.2018 passed in MVC.No.991/2016 by the Senior Civil Judge and Additional Motor Vehicle Accident Claims Tribunal at Kundapura (for short, 'Tribunal'). - 3 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 2. Though this appeal is listed for orders, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Kishan G.M., learned counsel for the appellants-claimants submits that the appellants-claimants are the parents of the deceased-Sri.Sanoj. It is submitted that the Tribunal has committed a grave error in assessing the income of the deceased at Rs.7,000/- per month instead of Rs.8000 per month as per the notional income chart prepared by the KSLSA. It is further submitted that the Tribunal has failed to award any compensation under the head of loss of consortium. It is also submitted that the appellants-claimants are also entitled to an additional of 40% towards the loss of future prospects. It is contended that the Tribunal has also awarded meager compensation towards the loss of estate and funeral expenses. Hence, he seeks to enhance the compensation by allowing the appeal. - 4 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 4. Per contra, Sri.Shankar Reddy, learned counsel for the respondent-insurance company supports the impugned judgment and the award of the Tribunal and submits that the appellants-claimants have failed to substantiate the income by producing cogent and acceptable evidence before the Tribunal. It is submitted that the Tribunal on appreciation of the evidence has recorded a clear finding with regard to the income and awarded a just and fair compensation which does not call for any interference. Hence, he seeks to dismiss the appeal. 5. I have heard the learned counsel for the parties and meticulously perused the material available on record. 6. The point that arises for consideration in this appeal is "Whether the impugned judgment and award of the Tribunal calls for any interference?" 7. The parties to the proceedings do not dispute that in a road accident dated 09.11.2013, the son of the - 5 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 appellants-claimants sustained fatal injuries and succumbed to those injuries. The claimants have adduced oral as well as documentary evidence. The Tribunal considering the evidence on record awarded a total compensation of Rs.9,70,800/- along with interest @ 6% per annum. It is to be noticed that the claimants have failed to produce documentary evidence with regard to the income of the deceased. It is averred that the deceased was working as a coolie and was aged about 29 years at the time of accident. In the absence of acceptable evidence, this Court places reliance on the notional income chart prepared by KSLSA. Considering the same, the income of the deceased is reassessed at Rs.8,000/- per month. Having assessed the income of the deceased at Rs.8,000/- per month and considering the age of the deceased as 29 years and his avocation, the appellants- claimants are further entitled to an addition of 40% of the assessed income under the head of loss of future prospects in view of the law laid down by the Hon'ble - 6 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi and Others1. The Tribunal has also committed an error in not awarding any compensation under the head of loss of consortium, which the claimants are entitled at Rs.40,000/- each with 20% escalation considering the law laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Co.Ltd v Nanu Ram @ Chuhru Ram and Others2. It is not in dispute that the deceased was a bachelor at the time of the accident; hence, an appropriate deduction would be 50% of the assessed income towards the personal and living expenses of the deceased in view of the law laid down by the Hon'ble Supreme Court in the case of Smt.Sarla Verma and Others v Delhi Transport Corporation and Another3. The Tribunal has also erred in considering the multiplier as 16, which is required to be considered as 17. Hence, the appellants- 1 (2017) 16 SCC 680 2 (2018) 18 SCC 130 3 (2009) 6 SCC 121 - 7 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 claimants are entitled to compensation towards loss of dependency as under: Rs.8,000 + 40% - 50% X 12 X 17 = Rs.11,42,400/- 8. The appellants-claimants would also be entitled to a sum of Rs.18,000/- under the head of ‘loss of estate’ and Rs.18,000/- under the head of ‘funeral expenses & transportation of dead body’ including 20% escalation. The appellants-claimants are also entitled to a sum of Rs.48,000/- each towards loss of consortium including 20% escalation. 9. Thus, in all, the appellants-claimants shall be entitled to modified compensation under the following heads: HEADS AMOUNT (in Rs.) Loss of dependency 11,42,400/- Loss of consortium (Rs.48,000 X 2) 96,000/- Transportation of dead body & funeral expenses 18,000/- Loss of estate 18,000/- Total 12,74,400/- - 8 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 Thus, the claimants shall be entitled to a total compensation of Rs.12,74,400/- as against Rs.9,70,800/- awarded by the Tribunal. 10. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.12,74,400/- as against Rs.9,70,800/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. - 9 - HC-KAR NC: 2026:KHC:12497 M.F.A. No.10108/2018 d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 17