- 1 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6313 OF 2023(MV-D) BETWEEN: 1. SRI. VICTOR ALFRED. S SON OF M. SAMUEL, AGED ABOUT 54 YEARS, 2. SMT SUJANI .R WIFE OF S. VICTOR ALFRED, AGED ABOUT 48 YEARS, 3. SRI. PRAJWAL V SON OF VICTOR ALFRED, AGED ABOUT 19 YEARS, ALL ARE RESIDING AT NO.71, WARD NO.8, T.G TANK ROAD, BEHIND K.V. PHARMACY COLLEGE, CHICKBALAPUR-562 101 …APPELLANTS (BY SRI. MURALIDHARA P, ADVOCATE) AND: 1. SRI. K. RATHINAM SON OF D. KRISHNAN, AGED ABOUT MAJOR, RESIDING AT OLD NO.2/48, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 NEW NO.2/50, ARASAMARA STREET, V.C. MOTTUR, T.K DISTRICT, VELLORE, TAMIL NADU-632 513 (R.C. OWNER OF THE LORRY BEARING REGISTRATION NUMBER TN 23 AZ 4330) 2. M/S UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE AT KRISHI BHAVAN, 6TH FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001 REPRESENTED BY ITS REGIONAL MANAGER (INSURER OF LORRY BEARING REGISTRATION NUMBER TN 23 AZ 4330 VIDE POLICY NO 2804033121P105741213 VALID FROM 16/19/2021 TO 15/09/2022) …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, VIDE COURT ORDER DATED 29/07/2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED IN MVC NO. 4326/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) The claimants, being dissatisfied with the compensation awarded in M.V.C.No.4326/2022 dated 01.07.2023 by the Court of I Addl. Small Cause Judge & Motor Vehicles Accident Claim Tribunal, Bengaluru, (SCCH-11), (for short “the Tribunal”), are before this Court seeking enhancement of compensation. 2. The factual matrix of the case are, on 29.06.2022 at 7.20 a.m. when one Ebenizer Alfred V., son of appellant Nos.1 and 2 and brother of appellant No.3 was traveling from Mallur towards Devanahalli International Airport in Suzuki Scooter bearing registration No.KA04-KC-9623 as a pillion rider, the lorry bearing registration No.TN-23/AZ-4330 came in a rash and negligent manner and dashed the motorcycle. Due to the impact, Ebenizer Alfred sustained grievous injuries and thereafter he succumbed to the same. Later, the jurisdictional Police registered the FIR and laid charge sheet against the driver of the offending vehicle. Subsequently, the legal representatives of the deceased filed claim petition before the Tribunal. - 4 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 3. The Tribunal, on assessment of oral and documentary evidence, has partly allowed the claim petition filed by the claimants and awarded a compensation of Rs.28,06,456/- along with interest at the rate of 6% per annum. Being dissatisfied with the same, the claimants are before this Court. 4. We have heard learned counsel Sri Muralidhara P., for the appellants and learned counsel Sri. S.V. Hegde Mulkhand for respondent No.2. Perused the evidence and documents placed before us. 5. Apart from urging several contentions, learned counsel for the appellants submits that the Tribunal has grossly erred in assessing the income of the deceased at Rs.18,805/-, despite placing salary certificate - Ex.P15 of the deceased, which clearly establishes that the deceased was earning salary of Rs.28,129/-. He also contended that to prove Ex.P15, the co- employee of the deceased was examined as PW.2. In such circumstance, he prays to allow the appeal. - 5 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 6. Per contra, learned counsel for the respondent- Insurance Company contended that the Tribunal has exorbitantly awarded compensation under all the heads especially by considering the income of the deceased at Rs.18,805/- without deducting the other allowances. In such circumstances, he prays to dismiss the appeal. 7. We have given our anxious consideration to the submissions made by the learned counsel for the parties. Perused the impugned judgment and award and other documents placed before us. 8. As could be gathered from records, the accident in question and coverage of insurance policy to the offending vehicle are not in dispute. 9. As far as compensation awarded by the Tribunal is concerned, the accident in question was of the year 2022 and according to the claimant the deceased was working in Baptist Hospital, Bangalore and was drawing a salary of Rs.28,129/-. To prove the same, the claimants placed the identity card- Ex.P14 and salary certificate-Ex.P15 of the deceased. These - 6 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 two documents were supported by the oral evidence of PW.2, who categorically stated that the deceased was working at Baptist Hospital. Though a contention was raised by the learned counsel for the respondent that the deceased was a contractual employee, the documents indicates that he was working in Baptist Hospital for more than two years as on the date of accident. In such circumstance, the said contention of learned counsel cannot be considered. Hence, in our considered view the Tribunal has erred while assessing the income of the deceased at Rs.18,805/- instead Rs.28,129/- as per salary certificate-Ex.P15. As such, in view of the documentary evidence, we deem it just and appropriate to determine the income at Rs.28,129/- per month. However, after deducting Rs.200/- professional tax, the monthly income of the deceased would be Rs.27,929/- (Rs.28,129 - Rs.200). 10. Since the deceased was aged about 28 years, appropriate multiplier would be '17' and 40% future prospects requires to be added and as he was a bachelor, 50% requires to be deducted towards his personal expenses. Thus, the claimants would be entitled to Rs.39,88,200/- (Rs.27,929 + - 7 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 40% - 50% X 12 X 17) towards loss of dependency as against Rs.26,85,456/- awarded by the Tribunal. 11. The amount awarded by the Tribunal under other heads, being just and proper, are affirmed. 12. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: [ 13. Accoridngly, the claimant would be entitled to the total compensation of Rs.41,41,200/- as against Rs.28,06,456/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Loss of Dependency 26,85,456 39,88,200 2. Loss of estate and funeral expenses 33,000 33,000 3. Towards filial Consortium 88,000 1,20,000 Total 28,06,456 41,41,200 - 8 - HC-KAR NC: 2026:KHC:31165-DB MFA No. 6313 of 2023 15. The amount in deposit shall be transmitted to the Tribunal. The apportionment of the amount of compensation shall be in terms of the award of the Tribunal. 16. Accordingly, the appeal is allowed in part. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 38