- 1 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4959 OF 2021(MV-D) BETWEEN: 1. SMT. LAXMI POOJARTHY, W/O LATE MUTHA POOJARY, AGED ABOUT 61 YEARS 2. SMT. RENUKA R., D/O LATE MUTHA POOJARY, AGED ABOUT 35 YEARS, 3. SRI. GANESH BILLAVA, S/O LATE MUTHA POOJARY, AGED ABOUT 25 YEARS, ALL ARE RESIDING AT D/NO.1-246, GUNDHU HITHLU, RAMPAI MATA ROAD, GANGAOLLI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT. …APPELLANTS (BY SRI. NAGARAJA HEGDE., ADVOCATE) AND: 1. SRI. HARISH POOJARY, S/O MANJUNATHA POOJARY @ CHENDU, AGED ABOUT 54 YEARS, R/O D NO.4/76, SIDDANAMANE BIJOORU, BIJOORU VILLAGE AND POST, BYNDOORU TALUK UDUPI DISTRICT – 576 216. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 2. M/S. NATIONAL INSURANCE CO., LTD., BRANCH OFFICE KUNDAPURA, 2ND FLOOR, SAI CENTRE, MAIN ROAD, KUNDAPURA, OPP. LAXMI NARAYANA TEMPLE, KUNDAPURA KASABA VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT. REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.RAVI SAMPRATHI, ADVOCATE FOR R2, VIDE ORDER DATED 18.06.2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:22.12.2020 PASSED IN MVC NO.111/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal by claimants seeking enhancement of compensation, arising out of Judgment and award dated 22.12.2020 passed by the Senior Civil Judge and Addl. - 3 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 Motor Accident Claims Tribunal, Kundapura1 in M.V.C No.111/2019. 2. The Tribunal vide impugned Judgment and award, partly allowed the claim petition and awarded compensation of Rs.27,75,668/- with 6% interest per annum from the date of petition till the date of deposit. 3. The parties are referred to as per their ranking before the Tribunal. 4. Heard, Sri.Nagaraja Hegde, learned counsel appearing for the appellants-claimants and Sri.Ravi Samprathi, learned counsel appearing for respondent No.2 – Insurer. Notice to respondent No.1 is dispensed with vide order dated 18.06.2026. 5. The date of accident, involvement of vehicle, death of Guruprasad and liability to pay the compensation are not in dispute. The only dispute is with respect to quantum of compensation. 1 The Tribunal, for short - 4 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 6. Mr.Nagaraja Hegde, argued on two points. Firstly, the deceased has completed his S.S.L.C as per marks card at Ex.P12 and he was working as Steward in a hotel belonging to PW.3 and was earning Rs.16,910/- per month as on the date of his death, however the Tribunal has considered the notional income fixed under the chart prepared by the Karnataka State Legal Services Authority at Rs.14,000/- per month, in view of the fact that accident occurred in the year 2019. Secondly, that the Tribunal has failed to award appropriate compensation in terms of settled position of law by the Hon’ble Supreme Court granting 10% escalation on the compensation award under the Conventional Heads, so also the Tribunal has failed to award any compensation to one of the claimant under ‘Loss of Filial Consortium’. Accordingly, he sought to allow the appeal and enhance the compensation. 7. Learned counsel Sri.Ravi Samprathi, in contrast, submits that the Tribunal after having considered the case of the claimants, despite the fact that the - 5 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 deceased was a bachelor, considered deduction towards personal expenses as 1/3rd on the ground that father pre- deceased him. In that view of the matter, the compensation awarded under each head taking the salary at the rate of Rs.14,000/- per month, does not call for any interference at the hands of this Court as the same is just and proper. 8. Having considered the rival submissions, this Court is of the considered opinion that a person who has completed S.S.L.C, cannot be equated with an unskilled laborer for whom notional income is fixed under the chart supra. Though learned counsel Sri.Nagaraja Hegde, submits that salary certificate indicates that the deceased was earning Rs.16,910/-, but the salary certificate is in respect of salary paid in the year 2017. However the fact remains that the deceased had completed his S.S.L.C (as per Ex.P12 Marks card). In that view of the matter, if the salary is considered at Rs.500/- per day, which comes to - 6 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 Rs.15,000/- per month, the same would meet the ends of justice. 9. A perusal of the award clearly indicates that under the head ‘Loss of Consortium’, the Tribunal has granted Rs.80,000/-. There are three claimants and each are entitled for compensation of Rs.40,000/- under the head ‘Loss of Consortium’. In that view of the matter, the claimants are entitled for loss of consortium another sum of Rs.40,000/-. 10. Further, this Court finds force in the argument of learned counsel Sri.Nagaraja Hegde, that claimants are also entitled for 10% escalation on each completed 03 years since 2017. In the case on hand there are two completed terms of 03 years. Accordingly, the claimants are entitled for 20% escalation of compensation awarded under Conventional heads. 11. Having considered the higher income, consortium as well as escalation at 20%, the - 7 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 compensation awarded by the Tribunal requires reconsideration and re-assessment, which is as follows: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of Dependency 26,65,668-00 28,56,000-00 (15,000+40%x12x17x2/3) 2. Loss of Consortium 80,000-00 1,20,000-00 3. Loss of estate 15,000-00 15,000-00 4. Funeral, obsequies expenses and transportation of body 15,000-00 15,000-00 5. 10% escalation on two terms of three completed years. - 30,000-00 TOTAL Rs.27,75,668-00 Rs.30,36,000-00 12. Accordingly, the claimants are entitled for reassessed compensation of Rs.30,36,000/-, as against Rs.27,75,668/- as awarded by the Tribunal. The enhanced compensation would be Rs.2,60,332/- (30,36,000 – 27,75,668) rounded off at Rs.2,61,000/-, which shall carry interest @ 6% per annum from the date of petition till realization. 13. For the foregoing reasons, this Court proceeds to pass the following: - 8 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 ORDER (i) The appeal is allowed in part. (ii) The Judgment and Award dated 22.12.2020 passed by the Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Kundapura in M.V.C No.111/2019 is modified and the compensation is reassessed. (iii) The Claimants are entitled for enhanced compensation of Rs.2,61,000/- with interest @ 6% per annum from the date of petition till realization. (iv) Respondent No.2 - Insurer shall deposit the entire enhanced compensation along with interest supra before the concerned Tribunal within six weeks from the date of receipt of certified copy of this order. - 9 - HC-KAR NC: 2026:KHC:29910 MFA No. 4959 of 2021 (v) Upon deposit, entire amount be released as per the apportionment order passed by the Tribunal. (vi) The Trial Court Record secured if any, shall be transmitted forthwith to the concerned Tribunal. (vii) No order as to costs. Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 2 ct-vn