- 1 - HC-KAR NC: 2026:KHC:28802 MFA No. 8509 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8509 OF 2016 (MV-D) BETWEEN: 1. HUMBRE KHALI KASIM AGED ABOUT 47 YEARS S/O HUMBRE KHALI ALI, 2. HUMBRE KHALI HASEENA AGED ABOUT 38 YEARS W/O HUMBRE KHALI KASIM 3. HUMBRE KHALI FAWAZ AHAMED AGED ABOUT 14 YEARS S/O HUMBRE KHALI KASIM 4. HUMBRE KHALI HAYYAM QUAMAR AGED ABOUT 8 YEARS S/O HUMBRE KHALI KASIM APPELLANT NO.3 AND 4 ARE MINORS, REP: BY HIS GUARDIAN MOTHER, APPELLANT NO.2,HUMBRE KHALI HASEENA, W/O HUMBRE KHALI KASIM ALL ARE RESIDING AT H.NO.10-102, BAITUL AFRAH, NAKHUDA MOHALL, HADAVINA KONE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28802 MFA No. 8509 of 2016 SHIROOR VILLAGE, KUNDAPURA TALUK - 576 201 …APPELLANTS (BY SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE) AND: 1. MAHAMOOD DIWAN SAB BUCKATIGAR R/O NOORANIGALLI, MUDGOD (N.K) - 584 125 2. UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD., 2A, 2ND FLOOR, 84-RAMSON COMPLEX, P.B.ROAD HOSUR, HUBLI - 560 020 REP: BY ITS MANAGER …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N A., ADVOCATE FOR; SRI. PRADEEP B., ADVOCATE FOR R2; V/P DTD. 30/11/17D, NOTICETO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED25.05.2016 PASSED IN MVC NO.1083/13 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:28802 MFA No. 8509 of 2016 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of learned counsel for both side. 2. The Tribunal has passed a common award dated 25.05.2016 in MVC.No.1083/2013 and MVC.No.1095/2013. The present Miscellaneous First Appeal is filed against the award in MVC.No.1083/2013. 3. The one Mr. Humbre Khali Hurais Kmail met with an accident on 12.03.2013 and died subsequently. His parents, brother and sister filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.8,79,280/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, parents, brother and sister of deceased have preferred this appeal and mainly contented that, at the time of accident, Mr. Humbre Khali Hurais Kmail was aged about 16 years. He was studying II year PUC. They spent Rs.1,00,000/- for transportation of dead body - 4 - HC-KAR NC: 2026:KHC:28802 MFA No. 8509 of 2016 and funeral expenses, but the Tribunal granted only Rs.20,000/-. Thus, the appellants are requested for enhancement of compensation. 5. Mr. Humbre Khali Hurais Kmail was aged about 16 years and he met with an accident in the year 2013. Therefore, this Court finds that it is just and reasonable to take the notional income as Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. As he was aged 16 years, the relevant multiplier is '18' and he is entitled for 40% towards Future Prospects. As he was a bachelor, 50% is to be deducted towards personal expenses. Therefore, loss of dependency comes to Rs.8,000/- + 40% X 12 X 18 - 50% = Rs.12,09,600/-. Hence, appellant Nos.1 and 2 are parents, they are entitled for an amount of Rs.40,000/- by each of them towards Filial Consortium. Appellant Nos.3 and 4 are brother and sister, they are dependent on appellant No.1, and not on the deceased. Therefore, they are not entitled for consortium. All of them are entitled for Rs.30,000/- under conventional Heads. - 5 - HC-KAR NC: 2026:KHC:28802 MFA No. 8509 of 2016 6. Thus in all, compensation awarded by this Court is as below: 7. Therefore, the compensation is enhanced from Rs.8,79,280/- to Rs.13,19,600/- with interest at the rate of 6% per annum. 8. In the result, the following order is passed: ORDER i) The Miscellaneous First Appeal is partly allowed. ii) The judgment and award dated 25.05.2016 in MVC.No.1083/2013 passed by the Additional District and Session's Judge Additional Motor Vehicle Accident Claims Tribunal, Kundapura, is modified. Particulars Amount in Rs. Loss of dependency 12,09,600.00 Filial Consortium (40,000 X 2) 80,000.00 Conventional Head 30,000.00 Total 13,19,600.00 - 6 - HC-KAR NC: 2026:KHC:28802 MFA No. 8509 of 2016 iii) Appellant Nos.1 and 2 are entitled for Rs.13,19,600/- as against Rs.8,79,280/- awarded by the Tribunal with interest at the rate of 6% per annum, from the date of petition till realization. iv) As the Insurance company has already deposited the awarded amount before the Tribunal, respondent No.2 is directed to deposit the enhanced compensation of Rs.4,40,320/- with interest at the rate of 6% per annum within a period of one month from the date of this order. v) On such deposit, appellant Nos.1 and 2 are permitted to withdraw the enhanced amount equally. Sd/- (P SREE SUDHA) JUDGE PHM List No.: 1 Sl No.: 10