- 1 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7123/2019 (MV-D) BETWEEN: 1. VANAMALA W/O SUBRAMANI AGED ABOUT 52 YEARS. 2. NADIYA AGED ABOUT 25 YEARS S/O SUBRAMANI. BOTH ARE R/AT INDIRA NAGAR RANGENAHALLI POST TARIKERE TALUK CHIKMANGALORE DIST. …APPELLANTS (BY SRI. NAGARAJA HEGDE, ADV.,) AND: 1. MANJUNATH B. THALWARS R/AT NEAR RACHOTESHWARA TEMPLE KERUR VILLAGE, BADAMI TALUK BAGALKOTE DIST. 2. THE CHOLAMANDALAM MS GENERAL INSURANCE CO., LTD. H.O. DARE HOUSE, 2ND FLOOR NO.2 N.S.C BASE ROAD CHENNAI 600 001 REP. BY ITS AUTHORISED OFFICER. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 3. THE PRESIDENT NERALU CHARITABLE TRUST GIDMAVINAKATTE YEDALLI SIRSI U.K. 4. UNITED INDIA INSURANCE CO. LTD KUNDAPURA BRANCH NH66, LAXMIVENKATESH COMPLEX VODERHOBLI, KUNDAPURA REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. P.B. RAJU, ADV., FOR R4 SRI. D. VIJAYAKUMAR, ADV., FOR R2 R1 AND R3 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2019 PASSED IN MVC NO.361/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 17.01.2019 passed in MVC.No.361/2017 by the Additional District Judge and Additional MACT, Udupi (Sitting at Kundapura), Kundapura (for short ‘the Tribunal’). - 3 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 2. Though this appeal is listed for admission, with the consent of the learned counsels for the parties, it is taken up for final disposal. 3. Heard Sri.Nagaraja Hegde, learned counsel appearing for the appellants, Sri.D.Vijaya Kumar, learned counsel for respondent No.2, Sri.P. B.Raju, learned counsel for respondent No.4 and meticulously perused the material available on record. 4. This appeal is by the claimants only to the limited extent with regard to the assessment of the income of the deceased. The Tribunal assessed the income at Rs.9,000/- per month by ignoring the oral and documentary evidence on record, more particularly Exs.P13 to P15. It is to be noticed that the deceased was aged about 24 years at the time of the accident and was employed as a mechanic at J.S. Fabricator, Bengaluru, earning Rs.15,000/- per month. The Tribunal, however, disbelieved the said evidence on the ground that the no - 4 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 corroborative material evidence was produced. The appellants/claimants had specifically contended that the deceased was working under Sri P.M. John, owner of J.S. Fabricator, Bengaluru. In support of this contention, PW3 – P.M. John was examined, who clearly deposed that the deceased was employed with him as a mechanic. 5. Considering the oral and documentary evidence on record, including the testimony of PW3, I am of the considered view that the deceased is required to be treated as a skilled labour and as the accident is of the year 2016, it would be appropriate to reassess the income of the deceased at Rs.13,000/- per month. Having reassessed the income and considering the age of the deceased as 24 years, the appellants-claimants are entitled to an addition of 40% of the assessed income under the head of loss of future prospects and the appropriate multiplier applicable would be 18, which has been rightly considered by the Tribunal. The Tribunal has erred in considering the deductions as 1/3rd. It is not in - 5 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 dispute that the deceased was a bachelor at the time of the accident; therefore, an appropriate deduction would be 50% of the assessed income towards the personal and living expenses of the deceased. Accordingly, the appellants-claimants are entitled to compensation under the head of loss of dependency as under: 13,000 + 40% X 12 X 18 - 50% = Rs.19,65,600/- 6. The appellants-claimants are also entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and Rs.16,500/- under the head of ‘funeral expenses & transportation of dead body’ including 10% escalation. Further, the appellants-claimants, being the mother and the unmarried sister of the deceased, are each entitled to a sum of Rs.44,000/- towards loss of consortium including 10% escalation. 7. Thus, in all, the appellants-claimants shall be entitled to modified compensation under the following heads: - 6 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 Thus, the claimants shall be entitled to a total compensation of Rs.20,86,600/- as against Rs.18,84,400/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.20,86,600/- as against Rs.18,84,400/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from HEADS AMOUNT (in Rs.) Loss of dependency 19,65,600/- Loss of consortium (Rs.44,000 X 2) 88,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 20,86,600/- - 7 - HC-KAR NC: 2026:KHC:19087 M.F.A. No.7123/2019 the date of petition till the date of payment. d) The Respondent Nos.2 and 4 are jointly and severally liable to pay 50% each compensation with costs and interest. Both the respondents shall deposit 50% of the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK/List No.: 1 Sl No.: 7