- 1 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3641 OF 2024 (MV-D) BETWEEN: 1. RESHMA W/O LATE DADAPEER, AGED ABOUT 36 YEARS, 2. MOHAMMED SYED D. S/O LATE DADAPEER, AGED 18 YEARS, 3. SUMAIAY D/O LATE DADAPEER, AGED ABOUT 16 YEARS, APPELLANT NO.3 IS MINOR REPPRESENTED BY HER NATURAL GUARDIAN MOTHER, APPELLANT NO.1, 4. SANAULLASAB S/O LATE TIPPU SAB, AGED ABOUT 67 YEARS, R/AT 1ST MAIN, 1ST CROSS, NITTUVALLI ROAD, KTJ NAGARA, BEHIND POLICE STATION, LENIN NAGARA, DAVANAGERE - 577 004. …APPELLANTS (BY SRI. R. SHASHIDHARA, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 AND: 1. MAHESH M. KANKOLLI S/O MALLESHAPPA V. KANKOLLI, AGED ABOUT 45 YEARS, R/O. NO.48, 7TH CROSS, 4TH MAIN, FREEDOM FIGHTERS COLONY, LAGGERE, BENGALURU - 560 058, DRIVER OF MARTHI ERITIGA CRA BEARING NO.KA-02/ML-9049. 2. LOKESH M. KANKOLLI S/O M.V. KANKOLLI, AGED ABOUT 46 YEARS, R/O. HONGANASU, NO.48, 3RD FLOOR, 7TH CROSS, 17TH MAIN ROAD, FREEDOM FIGHTERS COLONY, LAGGERE, BENGALURU - 560 058, OWNER OF MARUTHI ERITIGA CAR BEARING NO.KA-02/ML-9049. 3. THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE COMAPNY LTD., BRANCH OFFICE: 2A, SECOND FLOOR, 84-RAMSAN COMPLEX, P.B. ROAD, HOSURU, HUBBALLI - 580 021. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R3; VIDE ORDER DATED 09.09.2025 NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.02.2024 PASSED IN MVC NO.382/2022 ON THE FILE OF THE PRINCIPAL SENIOR - 3 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 CIVIL JUDGE AND CJM, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 19.02.2024 passed in MVC No.382/2022 by Principal Senior Civil Judge and CJM and MACT, Davanagere. 2. Even though the matter is listed today for further hearing, with the consent of both the learned counsel for appellant and learned counsel for respondent No.3/insurer, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Dadapeer in a road traffic accident occurred on - 4 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 25.05.2022 contending that the accident occurred due to rash and negligent driving by the driver of Maruti Ertiga vehicle bearing registration No.KA-02/ML-9049. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Towards Loss of dependency Rs. 18,90,000/- 2. Towards funeral expenses Rs. 15,000/- 3. Loss of spousal consortium Rs. 40,000/- 4. Loss of estate Rs. 15,000/- Total Rs. 19,60,000/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.3/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. - 5 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 6. Heard the learned counsel for appellants and learned counsel for respondent No.3/insurer. 7. Learned counsel for the appellants would contend that, the date of accident is 25.05.2022 and as per the chart prepared by Karnataka State Legal Services Authority, the notional income for the said year is Rs.15,500/- and the Tribunal has erred in taking the income at Rs.14,000/-. He further submits that, the deceased was aged forty (40) years, therefore future prospects are to be taken at 40% for consideration. The compensation awarded for spousal consortium is at Rs.40,000/-. Since the claimants are wife, two children and father of deceased, they are entitled to consortium in a sum of Rs.40,000/- each with 10% escalation. The Tribunal has also not considered the escalation under heads of funeral expenses and loss of estate. With these, he prayed to allow the appeal. - 6 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 8. Learned counsel for respondent No.3/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. 9. Having heard both the learned counsel for appellants and learned counsel for respondent No.3/insurer, the Court has perused the Judgment and Award. 10. The date of accident is 25.05.2022. The Tribunal has taken the notional income of the deceased at Rs.14,000/- per month. As per the chart prepared by Karnataka State Legal Services Authority, the notional income for the year 2022 is Rs.15,500/-. Therefore, the said income is to be taken. The date of birth of the deceased as per Ex.P9 - Aadhar Card is 01.01.1982. The accident occurred on 25.05.2022. As on the date of accident, the deceased was aged forty (40) years four (04) months. Considering the said aspect, the multiplier - 7 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 applicable is '15' since the completed age is to be taken into consideration. The Tribunal has rightly applied the multiplier as '15'. 11. Learned counsel for the appellants would contend that, as the deceased was aged forty (40) years, future prospects are to be taken at 40%. As per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157, where the deceased was aged below forty (40) years, future prospects are to be taken at 40% and where the deceased was between forty (40) to fifty (50) years, future prospects are to be taken at 25%. Since the deceased was aged forty (40) years, future prospects are to be taken at 25%. The Tribunal has rightly deducted 1/4th towards personal expenses. In view of the above, loss of dependency is calculated as under: 15,500 + 25% (3,875) = 19,375 - 1/4th = 14,531 X 12 X 15 = 26,15,580. - 8 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 12. The Tribunal has awarded only loss of spousal consortium in a sum of Rs.40,000/-. The claimants are wife, two children and father of the deceased. Therefore, the claimants are entitled to consortium in a sum of Rs.40,000/- each with 10% escalation i.e., 1,76,000/- (44,000 X 4). 13. The Tribunal has not considered the escalation at 10% as per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157 on funeral expenses and loss of estate. Therefore, the claimants are entitled to funeral expenses of Rs.16,500/- and loss of estate of Rs.16,500/-. 14. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: - 9 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 Sl. No. Compensation Heads Amount 1. Loss of dependency Rs. 26,15,580/- 2. Loss of consortium Rs. 1,76,000/- 3. Loss of estate Rs. 16,500/- 4. Funeral expenses Rs. 16,500/- Total Rs. 28,24,580/- 15. The claimants are entitled to total compensation of Rs.28,24,580/- as against Rs.19,60,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 16. Consequently, the claimants are entitled to enhanced compensation of Rs.8,64,580/- (28,24,580 - 19,60,000) with interest at the rate of 6% per annum from the date of petition till realisation. 17. Respondent No.3/insurer is liable to pay enhanced compensation amount with interest. 18. The Tribunal has held that the share of the claimants in the compensation amount is 50:20:20:10 and the same remains unaltered. - 10 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 19. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.8,64,580/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.3/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The share among the claimants as determined by the Tribunal remains unaltered. v) The share of compensation of claimant Nos.2 and 3 are minors, is ordered to be kept in Fixed Deposit till they attain the age of majority. The other claimants are - 11 - HC-KAR CNR: KAHC010312192024 NC: 2026:KHC:37137 MFA No. 3641 of 2024 entitled to release of their share in enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 31