- 1 - HC-KAR CNR: KAHC010277672022 NC: 2026:KHC:36355 MFA No. 4514 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4514 OF 2022(MV-D) BETWEEN: 1. MR. SHEKHARA @ SHEKARAPPA S/O YELLAPPA AGED ABOUT 63 YEARS 2. GANGAMMA W/O SHEKHARA @ SHEKARAPPA AGED ABOUT 49 YEARS BOTH ARE RESIDING AT # 3-475/7 EAAMANAGARA, KUNJATHBAIL MANGALURU TALUK, D.K DISTRICT PIN - 575 012 …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. MR. REGINALD WILLIAM MASCARNHAS S/O FELIX MASCARNHAS MAJOR R/AT 2-176/1 'RISHA'L KOPPALA, KARAMBAR MALAVOOR VILLAGE BAJPE POST MANGALURU TALUK, D.K PIN-575 018 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010277672022 NC: 2026:KHC:36355 MFA No. 4514 of 2022 2. BRANCH MANAGER UNITED INDIA INSURANCE CO LTD., SREE VITTAL, MAIN ROAD, SURATHKAL MANGALURU TALUK, D.K.DISTRICT PIN - 575 014 …RESPONDENTS (BY SMT. GEEHTA RAJ, ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2022 PASSED IN MVC NO.711/2020 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-I, D.K.MANGALURU, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimants, being the legal representatives of deceased-Manju @ Manjunath S., are before this Court seeking for enhancement of compensation. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 05.03.2020, Sri Manju @ Manjunath S., a 28 year old died. 3. It is not in dispute that the Insurance Company is liable to pay the compensation. - 3 - HC-KAR CNR: KAHC010277672022 NC: 2026:KHC:36355 MFA No. 4514 of 2022 4. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Manju @ Manjunath S. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 20,70,600 2. Loss of love and affection 50,000 3. Loss of filial consortium 20,000 4. Towards funeral expenses 15,000 5. Loss of estate 15,000 Total 21,70,600 5. The Tribunal has rightly awarded Rs.20,70,600/- towards 'loss of dependency' and the same does not call for any interference. 7. The claimants, being the parents of deceased, each would be entitled to Rs.48,400/- i.e., in all Rs.96,800/- (48,400 x 2) towards ‘loss of consortium’. The claimants would - 4 - HC-KAR CNR: KAHC010277672022 NC: 2026:KHC:36355 MFA No. 4514 of 2022 also be entitled to sum of Rs.36,300/- under the ‘conventional heads’. 8. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 20,70,600 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 Total 22,03,700 9. Thus, the claimants would be entitled for compensation of Rs.22,03,700/- as against Rs.21,70,600/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 10. The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. 11. The apportionment of compensation amount shall be in terms of the award of the Tribunal. - 5 - HC-KAR CNR: KAHC010277672022 NC: 2026:KHC:36355 MFA No. 4514 of 2022 The amount, if any, deposited shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 52