- 1 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2858 OF 2023 (MV-D) BETWEEN: 1. SMT. GEETHA W/O. LATE RAVINDRA R AMIN @ RAVINDRA AGED ABOUT 48 YEARS D/O. LATE TANIYAPPA. 2. KUMARI LAVANYA D/O. LATE RAVINDRA R AMIN @ RAVINDRA AGED ABOUT 24 YEARS. BOTH ARE RESIDING AT D No. 1-295/A BELLAIRU, HALEYANGADY D.K. DISTRICT, PIN-574 146. …APPELLANTS (BY SMT. POOJA PARVATHI U, ADVOCATE SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. MR. VIJAY KUMAR S/O. T. P. ANTHONY AGED ABOUT 41 YEARS R/AT KALMAKKI BYNDOOR, KUNDAPURA TALUK UDUPI DISTRICT PIN-576 214. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 RASIK CHAMBERS OPP: CENTRAL MARKET MANGALURU, D.K. DISTRICT PIN-575 001. 3. JAIRAM S/O. NARASIMHA AGED ABOUT 42 YEARS R/AT HOUSE No. 1-138A KASANA KATTE GULAVADI POST AND VILLAGE KUNDAPURA TALUK UDUPI DISTRICT PIN-576 283. 4. THE DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE CO.LTD., E-8, EPIP, SITAPURA INDUSTRIAL AREA JAIPUR, RAJASTHAN, PIN-302 022. …RESPONDENTS (BY SRI ANUP SEETHARAMA RAO, ADVOCATE FOR R4 SRI ASHOK KUMAR V, ADVOCATE FOR R2 V/O DTD. 24.4.2025, NOTICE TO R1 & R3 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2022 PASSED IN MVC No.1802/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MACT, MANGALURU D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 ORAL JUDGMENT This appeal is filed by claimants seeking enhancement of compensation awarded in the judgment and ward dated 02.09.2022 passed in MVC No.1802/2018 by Principal Senior Civil Judge and CJM and MACT, Mangaluru D.K. 2. Claimants made a claim petition claiming award of compensation for the death of Ravindra R. Amin alias Ravindra in a road traffic accident which occurred on 04.08.2018, contending that the accident occurred due to the rash and negligent driving of the driver of Sumo Grand GX bearing registration No.KA-20/B-7311 and driver of the truck bearing registration No.KA-20/C-5076 which was parked on the road. The Tribunal recorded the evidence, appreciating the evidence on record, assessed the compensation and awarded the compensation under different heads as under: 1 Towards dependency Rs.17,50,000-00 2 Loss of consortium a. Spousal consortium b. Parental consortium Rs.40,000-00 Rs.40,000-00 - 4 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 3 Towards Loss of Estate & Funeral Expenses Rs.30,000-00 Total Compensation RS.18,60,000-00 3. The Tribunal has also awarded interest at the rate of 6% per annum from the date of the petition till realisation and held that respondent No.2 -Insurer of Sumo Grand GX is liable to pay 70% of the compensation and respondent No. 4 -Insurer of the truck is liable to pay 30% of the compensation. The claimants filed petition seeking enhancement of the compensation. 4. Heard learned counsel for appellants –claimants and learned counsel for respondent Nos.2 and 4. 5. Learned counsel for appellants would contend that the deceased was working as Security Guard in Karnataka Security Services and he was getting net salary of Rs.16,163/- as per Ex.P13 –salary certificate. His appointment letter is at Ex.P15 and the license of the said agency is at Ex.P16. The author of Ex.P13 and 15 has been examined as P.W.2 who has given evidence with regard to employment of the deceased as Security Guard - 5 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 and the salary certificate issued. The Tribunal has disbelieved the evidence of P.W.2 only on the ground that the bank statement has not been produced in order to show credit of the salary to the account of the deceased by the employer. She placed reliance on the decision of the Hon’ble Apex Court in the case of Rajwati @ Rajjo and Ors Vs United India Insurance Company Ltd and Ors1 wherein the Hon’ble Apex Court has placed reliance on the salary certificate and pay slip even though the author is not examined. She further submitted that the Division Bench of this Court has placed reliance on the said judgment of the Apex Court in MFA No.4996/2020 and considered the income based on the salary certificate. With these, he prays to allow the appeal and enhancement of compensation. 6. Learned counsel for respondent Nos.2 and 4 both submits that author of salary certificate and appointment letter who has been examined as P.W.2 has not produced any bank statement of the agency and of the 1 In 2022 SCC Online SC 1699 - 6 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 deceased to show that the amount stated in Ex.P13 salary has been credited to the account of the deceased. The Tribunal rightly considered the said aspect and held that the said income has not been proved and taken the notional income as per the chart for the year 2018 prepared by Legal Services Authority for settlement of disputes in Lok Adalath. There are no grounds for enhancement of the compensation. With these, he prays to dismiss the appeal. 7. Having heard learned counsels, this Court has perused impugned judgment, award and trial Court records. 8. It is specific case of claimants that the deceased was working as Security Guard in Karnataka Security Services and was getting the monthly income of Rs.18,000/-. Ex.P15 is appointment letter of the deceased issued by Karnataka Security Services dated 15.02.2015 wherein he has been appointed as Security Guard on contract basis. Ex.P16 is license of the Karnataka Security - 7 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 Services issued by Office of the Assistant Labour Commissioner and licensing officer. Ex.P13 is salary certificate issued by Karnataka Security Services, wherein it is mentioned that the deceased was getting gross salary of Rs.18,972/-and getting net salary of Rs.16,163/- after deductions of Rs.2,809/-.The author of Ex.P15 and Ex.P13 has been examined as P.W.2. P.W.2 has given evidence regarding the appointing the deceased as Security Guard in his Karnataka Security Services and he was getting the net salary of Rs.16,163/-. P.W.2 was working in the said Karnataka Security Services, Mangaluru as Senior Manager Operations and the license of the said Karnataka Security Services is at Ex.P16. The salary certificate – Ex.P13 and evidence of P.W.2 has not been considered by the Tribunal only on the ground that the document namely bank account statement of the Karnataka Security Services and the deceased are not produced to show the credit of the salary to the deceased. Hon'ble Apex Court in - 8 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 the case of Rajwati @ Rajjo and Ors (supra) has observed as under: “20. In view of the above, we do not agree with the view taken by the High Court while rejecting the salary certificate (Exhibit 19) and pay slip (Exhibit 20) of the deceased merely on the ground that the person issuing the two aforementioned documents was not examined before the Learned Tribunal. The 5 (2011) 3 SCC 646 said documents are conclusive proof of the income of the deceased and were also corroborated by the statements of the deceased’s wife (Appellant No. 1 herein) and his co-workers. As such, the High Court was not justified in assessing the income of the deceased at Rs.4,836/- per month on the basis of minimum wages fixed by the State at the relevant time. Resultantly, we affirm the findings of the Learned Tribunal so far as they relate to assessing the deceased’s income at Rs.11,225/- per month on the basis of aforementioned two documents. Annual income of the deceased, therefore, amounts to, Rs.11,225/- x 12 = Rs.1,34,700/-.“ The Hon'ble Apex Court in the said case has accepted salary certificate even though the author has not been - 9 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 examined. In the said case, the Hon’ble Apex Court has relied upon salary certificate and pay slip even though no supporting documents are produced to indicate credit of the salary to the account of the deceased. In the case on hand, the author is examined in order to prove the salary of the deceased. Therefore, the Tribunal has erred in considering the evidence of P.W.2 and salary certificate – Ex.P13. As per Ex.P13, the deceased was getting the net salary of Rs.16,163/-. Therefore, the income of the deceased is to be taken at Rs.16,163/- rounded off to Rs.16,200/-. The Tribunal has rightly considered future prospects at 25% and applied multiplier 14 and deducted 1/3rd towards personal expenses. In view of the above, claimants are entitled to loss of dependency as under Rs.16,200/- + 25% (Rs.4050/-) = Rs.20,250/- minus 1/3rd =Rs.13,500/- x12x14 =Rs.22,68,000/- 9. The Tribunal has rightly awarded compensation under the conventional heads. In view of the above, - 10 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 claimants are entitled to total compensation under different heads as under: 1 Towards dependency Rs.22,68,000/- 2 Loss of consortium Rs.80,000/- 3 Towards Loss of Estate & Funeral Expenses Rs.30,000/- Total Compensation RS.23,78,000/- 10. The claimants are entitled to total compensation of Rs.23,78,000/- as against Rs.18,60,000/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. Consequently, claimants are entitled to enhanced compensation of Rs.5,18,000/- (Rs.23,78,000/- minus Rs.18,60,000/-) with interest at the rate of 6% per annum from the date of petition till realisation. Respondent Nos.2 and 4 -insurers are liable to pay the said enhanced compensation in the ratio of 70:30 as held by the Tribunal. 11. In view of the above, the following ORDER i) The appeal is allowed in part. - 11 - HC-KAR NC: 2026:KHC:31710 MFA No. 2858 of 2023 ii) Appellants -claimants are entitled to enhanced compensation of Rs.5,18,000/- interest at the rate of 6% per annum from the date of petition till realization. iii) Respondent Nos.2 and 4 -insurers shall deposit their respective share in the ratio of 70:30 before the Tribunal within a period of 06 weeks from this day, failing which they are liable to pay interest at the rate of 9% per annum from this date till payment of compensation. iv) The share of compensation among claimants as held by the Tribunal remained unaltered. v) Claimants are entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 30