- 1 - HC-KAR NC: 2026:KHC:32364 MFA No. 3165 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3165 OF 2023 (MV-D) BETWEEN: 1. SHABEEN TAJ ALIAS SHABREEN TAJ W/O LATE MAKTHIYAR ALIAS MUKTHIYAR NOW AGED ABOUT 33 YEARS 2. BEEBEE SHAZIA D/O LATE MAKTHIYAR ALIAS MUKTHIYAR NOW AGED ABOUT 9 YEARS 3. BEEBEE MYNAZ D/O LATE MAKTHIYAR ALIAS MUKTHIYAR NOW AGED ABOUT 7 YEARS APPELLANTS No.2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN i.e., APPELLANT No.1 ALL ARE R/AT A K COLONY, 4TH MAIN ROAD, (SOUTH) TIPTUR TOWN TUMAKURU DISTRICT 572 214. ALSO AT ARASUNAGARA, 3RD CROSS RANGAPURA ROAD, TIPTUR TOWN TUMKURU DISTRICT. …APPELLANTS (BY SRI MANJE GOWDA, ADVOCATE SRI CHANDRASHEKARA K A, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32364 MFA No. 3165 of 2023 AND: 1. UNITED INDIA INSURANCE COMPANY BRANCH OFFICE RAGHAVENDRA COLANY, B H ROAD TIPTUR TUMAKURU DISTRICT – 572 214. REPRESENTED BY ITS MANAGER. SAYED BAKAR SAAB S/O SAYED MOHAMMED SAB GANDHINAGAR, 3RD CROSS MAJOR IN AGE TIPTUR TOWN TUMAKURU DISTRICT – 572 214. DEAD BY HIS LRS. 2. FAYA ALIAS FAYA AHAMED S/O LATE BAKAR SAB NOW AGED ABOUT 54 YEARS. 3. BABU S/O LATE BAKAR SAB NOW AGED ABOUT 53 YEARS. 4. MUNNI D/O LATE BAKAR SAB NOW AGED ABOUT 50 YEARS. 5. SIRAJ S/O LATE BAKAR SAB NOW AGED ABOUT 48 YEARS. 6. JABINA D/O LATE BAKAR SAB NOW AGED ABOUT 46 YEARS. 7. FATHIMA D/O LATE BAKAR SAB NOW AGED ABOUT 44 YEARS. R-3 TO 8 ARE - 3 - HC-KAR NC: 2026:KHC:32364 MFA No. 3165 of 2023 R/AT GANDHINAGAR, 3RD CROSS TIPTUR TOWN TUMAKURU DISTRICT – 572 214. …RESPONDENTS (BY SRI S KRISHNA KISHORE, ADVOCATE FOR R1- (VK NOT FILED) V/O DTD. 29.01.2025, NOTICE TO R2 TO R7 DISPENSED WITH ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.20.02.2023 PASSED IN MVC No.898/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR, 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 The appeal is filed by claimants seeking enhancement of compensation awarded in the Judgment and Award dated 20.02.2023 passed in MVC No.898/2019 by IV Additional District and Sessions Judge, Tiptur. - 4 - HC-KAR NC: 2026:KHC:32364 MFA No. 3165 of 2023 2. Heard the learned counsel for appellants on admission. 3. The appellants have filed a claim petition seeking award of compensation for the death of Makthiyar alias Mukthiya in a road traffic accident occurred on 06.02.2017 contending that the accident occurred due to rash and negligent driving of the driver of the tractor bearing registration No.KA-06/A-2635 - 2626. The Tribunal recorded the evidence and appreciating the evidence, assessed compensation under different heads as under: 1 Loss of dependency Rs.22,17,600/- 2 Conventional heads Rs.1,50,000/- Total Rs.23,67,600/- 4. The Tribunal has also awarded interest at the rate of 7% per annum from the date of petition till realization. The claimants have filed the present appeal seeking enhancement of compensation. - 5 - HC-KAR NC: 2026:KHC:32364 MFA No. 3165 of 2023 5. Learned counsel for appellants would contend that the deceased was doing welding work. The Tribunal has erred in taking the notional income at Rs.11,000/-. 6. The deceased was aged about 29 as on the date of accident i.e., 06.06.2017. As claimants have not established the income of the deceased, the Tribunal has rightly taken the notional income of the deceased as per chart prepared by the Karnataka State Legal Services Authority in a sum of Rs.11,000/- per month. As the accident has taken place in the year 2017, the Tribunal has also added 40% towards future prospects and applied multiplier 18. The Tribunal has rightly assessed the loss of dependency in a sum of Rs.22,17,600/-. The Tribunal has also awarded consortium in a sum of Rs.40,000/- each to all the three claimants. The Tribunal has rightly awarded compensation under the head of funeral expenses in a sum of Rs.15,000/- and loss of estate in a sum of Rs.15,000. - 6 - HC-KAR NC: 2026:KHC:32364 MFA No. 3165 of 2023 7. Considering the above aspects, there are no grounds for enhancement of compensation. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 44