- 1 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2800 OF 2023 (MV-D) BETWEEN: 1. SALMA BANU W/O LATE SUHAIL A, AGED ABOUT 29 YEARS, 2. MD. HUSSAIN S/O LATE SUHAIL.A. AGED ABOUT 6 YEARS, 3. MD.HUSEN S/O LATE SUHAIL.A. AGED ABOUT 6 YEARS, 4. SYED SULEMAN SO LATE SUHAIL A, AGED ABOUT 8 YEARS, APPELLANTS 2 TO 4 ARE MINORS AND ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE FIRST APPELLANT SALMA BANU. 5. AMANULLA S/O DASTAGIR SAB, AGED ABOUT 57 YEARS, 6. RAZIYA KHANUM WO AMANULLA, AGED ABOUT 54 YEARS, APPELLANTS ARE RESIDENTS OF GOWDARA STREET, ANAVERI VILLAGE, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 BHADRAVATHI TALUK - 577 301, SHIVAMOGGA DISTRICT. …APPELLANTS (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: 1. BASAVAN GOWDA S/O MANJAPPA.B.H. AGED ABOUT 32 YEARS, DRIVER OF MARUTI OMNI BEARING REG NO. KA-17/N-7663. R/O BOGEVADI VILLAGE, HONNALI TALUK -577 217, DVANAGERE DISTRICT. 2. B.H. MALLIKARJUNA S/O HALESHAPPA, AGED ABOUT 50 YEARS, OWNER OF MARUTI OMNI BEARING REG NO.KA-17N-7663. R/O BOGEVADI VILLAGE, HONNALI TALUK - 577 217, DAVANAGERE DISTRICT. 3. IFFCO TOKIO GENERAL INSURANCE CO. LTD., 35, 1ST FLOOR, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR, MYSURU - 570 023, BY ITS MANAGER POLICEY NO. 12150155, VALID FROM 05.10.2020 TO 04.10.2021. …RESPONDENTS (BY SRI. GOPAL K.B, ADVOCATE FOR R1 AND R2; SRI. P.S. JAGADISH, ADVOCATE FOR R3) - 3 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.06.2022 PASSED IN MVC NO.517/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI AND ADDITIONAL MACT-IV, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in Judgment and Award dated 14.06.2022 passed in MVC No.517/2021 by IV Additional District and Sessions Judge and Additional MACT-IV, Shivamogga, sitting at Bhadravathi. 2. Ever though the matter is listed today for admission, with the consent of both the learned counsel for appellants and learned counsel for respondent No.3, the matter is taken up for disposal. - 4 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 3. The claimants who are wife, children and parents of deceased Suhail A., who died in a road traffic accident which took place on 19.08.2021, have filed a claim petition seeking award of compensation, contending that the accident occurred due to rash and negligent driving by the driver of Maruthi Omni vehicle bearing registration No.KA-17-N-7663. 4. The Tribunal recorded the evidence. The Tribunal appreciating the evidence and assessing the compensation has awarded the compensation under different heads as under: For loss of Estate Rs. 15,000/- For Loss of consortium Rs. 75,000/- For Funeral expenses Rs. 15,000/- For loss of dependency Rs. 22,95,000/- Total Rs. 24,00,000/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.3 - Insurer to pay the compensation amount with interest. The claimants - 5 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellants had learned counsel for respondent No.3 - Insurer. 7. Learned counsel for appellant would contend that, the Tribunal has not taken into consideration future prospects while calculating loss of dependency. The Tribunal has not awarded 10% escalation on loss of estate and funeral expenses. The claimants being six persons who are wife, sons and parents of the deceased are entitled to consortium in a sum of Rs.44,000/- each and the Tribunal has awarded only Rs.75,000/-. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.3 - Insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. - 6 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 9. Having heard both the learned counsel for appellants and learned counsel for respondent No.3 - Insurer, the Court has perused the judgment and award. 10. The deceased was aged thirty years as on the date of accident, which took place on 19.08.2021. The Tribunal has taken the notional income of the deceased at Rs.15,000/- and deducted 1/4th towards personal expenses and applied multiplier '17' and calculated loss of dependency. The Tribunal while calculating the loss of dependency has not taken into consideration future prospects. As the claimant is aged thirty years, he is entitled to future prospects at 40% as per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. 11. Considering the said aspect, the loss of dependency is calculated as under: - 7 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 15,000 - 1/4 = 11,250 + 40% (4,500) = 15,750 X 12 = 1,89,000 X 17 = 32,13,000 12. Claimant No.1 is a wife. claimant Nos.2 to 4 are sons and claimant Nos.5 and 6 are parents of the deceased. Each of the claimants are entitled to consortium in a sum of Rs.40,000/- with 10% escalation i.e., Rs.44,000/- each. The claimants are entitled to consortium of Rs.2,64,000/- (44,000 X 6). 13. The Tribunal has awarded the loss of estate and funeral expenses in a sum of Rs.15,000/- each. The Tribunal has not considered 10% escalation. Considering 10% escalation, the claimants are entitled to loss of estate in a sum of Rs.16,500/- and funeral expenses in a sum of Rs.16,500/-. 14. Considering the above aspects, the claimants are entitled to total compensation under different heads as under: - 8 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 1 Loss of dependency Rs. 32,13,000-00 2 Loss of Estate Rs. 16,500-00 3 Loss of consortium Rs. 2,64,000-00 4 Funeral expenses Rs. 16,500-00 Total Rs. 35,10,000-00 15. The claimants are entitled to total compensation of Rs.35,10,000 /- with interest at the rate of 6% per annum from the date of petition till realisation. 16. The claimants are entitled to enhanced compensation of Rs.11,10,000/- (35,10,000 - 24,00,000) with interest at the rate of 6% per annum from the date of petition till realisation. 17. In view of the above, the following: ORDER i) The Miscellaneous First Appeal is allowed in part. ii) The claimants are entitled to enhanced compensation of Rs.11,10,000/- with interest at the rate of 6% per annum from the date of petition till realisation. - 9 - HC-KAR NC: 2026:KHC:29849 MFA No. 2800 of 2023 iii) Respondent No.3 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. Failing which, it is liable to pay interest at the rate of 9% per annum from this day till payment. iv) The claimants are entitled to share in the compensation in a ratio of 25 : 15 : 15 : 15 : 15 : 15. v) Claimant Nos.1, 5 and 6 are entitled to release of their share in the enhanced compensation. vi) The amount of share on the compensation of Claimant Nos.2 to 4 shall be kept in a 'Fixed Deposit' in their respective names till they attain majority. vii) The claimants are not entitled to the interest for delay period of 218 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 42