- 1 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4930 OF 2016 (MV-D) BETWEEN: 1. K.P. RANI W/O K. PRAVEEN AGED 48 YEARS, HOUSE WIFE RESIDENT OF KIRGANDOOR VILLAGE KIRGANDOOR POST SOMWARPET HOBLI & TALUK KODAGU DISTRICT - 571 201. 2. K.P. KARTHIK S/O K.A. PRAVEENA AGED ABOUT 23 YEARS RESIDENT OF KIRGANDOOR VILLAGE KIRGANDOOR POST SOMWARPET HOBLI AND TALUK KODAGU DISTRICT - 571 201. …APPELLANTS (BY SRI. ABDULLA T.I, ADVOCATE) AND: 1. VENKATESH GOWDA K.G. S/O GOWDE GOWDA MAJOR BY AGE, AGRICULTURIST R/O BYAGADAHALLI VILLAGE ONGOOR KUDURASTHE SAKLESHPURA TALUK Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 HASSAN DISTRICT - 573 201. 2. THE MANAGER NATIONAL INSURANCE COMPANY LTD., HASSAN DIVISION OFFICE MANJUNATHA COMPLEX BUS STAND ROAD HASSAN DISTRICT - 573 201. 3. RANJAN K.V. S/O VENKATESH K.G. @ VENKATESH GOWDA MAJOR BY AGE AGRICULTURIST AND DRIVER R/O BYAGADAHALLI VILLAGE ONGOOR KUDURASTHE SAKLESHPURA TALUK HASSAN DISTRICT - 573 201. 4. K.A. PRAVEENA S/O LATE K.B. APPAIAH AGED ABOUT 50 YEARS AGRICULTURIST R/O KIRGANDOOR VILLAGE KIRGANDOOR POST - 571 236 SOMWARPET HOBLI AND TALUK KODAGU DISTRICT. 5. THE BRANCH MANAGER ORIENTAL INSURANCE COMPANY LTD., OPPOSITE TOWN HALL, MADIKERI - 571 201. …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R5; SRI. O MAHESH, ADVOCATE FOR R2, R1, R3 AND R4 ARE SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.08.2015 PASSED IN MVC NO.18/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 26.08.2015 passed in MVC No.18/2014 on the file of the Senior Civil Judge & MACT, Madikeri, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 4 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 3. Brief facts of the case are that, one Abhishek, met with an accident on 04.10.2013 and died subsequently. His mother and brother filed claim petition claiming compensation of Rs.24,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.11,74,000/- with interest at the rate of 9% per annum from the date of petition till the date of deposit. Being aggrieved by the said order, the appellants preferred this appeal and mainly contended that the Abhishek/deceased was aged 22 years at the time of accident and was working as a Estate Supervisor, earning a sum of Rs.18,000/- per month. But the Tribunal has erred in taking the salary as Rs.7,000/- per month without any basis. It is further contended that even ordinary estate worker earns Rs.400/- per day and therefore, at least his income is to be taken as Rs.600/- per day. Therefore, requested for enhancement of the compensation. - 5 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 4. Learned counsel for the appellants stated that the claimants examined PW.3, the employer of the deceased/Abhishek and filed Ex.P.5, the salary certificate. The claimants have also produced Exs.P.14 to P.16 relating to the educational qualifications of the deceased. But the Tribunal observed that PW.3 had not filed any attendance register to show that the deceased was working with him at the time of the accident and not believed his evidence and has taken the income as Rs.7,000/- per month. It is for the claimants to prove the income of the deceased as on the date of the accident. Though the claimants have examined the owner, he has not filed relevant documents to show that deceased/Abhishek was working with him at the time of the accident. As such, this Court finds that it is just and reasonable to take his notional income as Rs.8,000/- per month, as he met with an accident in the year 2013, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 22 years and - 6 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 the relevant multiplier is '18'. Since the deceased was aged 22 years and was a bachelor, he is entitled for 40% towards future prospects and 50% of the income is to be deducted towards his personal expenses. Accordingly, loss of dependency comes to Rs.12,09,600/- (8,000 + 40% x 12 x 18 - 50%). The petitioner No.1 is entitled for Rs.40,000/- towards filial consortium and they are also entitled for Rs.30,000/- under the conventional heads. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellants-claimants are entitled for a total compensation of Rs.12,79,600/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 12,09,600/- 2 Towards loss of filial consortium 40,000/- 3 Towards conventional heads 30,000/- Total 12,79,600/- - 7 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 7. Learned counsel for respondent No.5 is present and stated that the claim petition against respondent No.5 has been dismissed by the Tribunal. The Tribunal has held respondent Nos.1 to 3 liable to pay the compensation. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.1,05,600/- along with the interest at the rate of 6% p.a. within one month from the date of this order. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 26.08.2015 passed in MVC No.18/2014 on the file of the Senior Civil Judge & MACT, Madikeri, is modified. iii. The claimants are entitled to a sum of Rs.12,79,600/- along with interest at 6% p.a., from the date of petition till the date - 8 - HC-KAR NC: 2026:KHC:34585 MFA No. 4930 of 2016 of realization, instead of Rs.11,74,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,05,600/- along with the interest at the rate of 6% p.a., within one month from the date of this order. v. On such deposit, petitioner No.1/mother is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 42