- 1 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5113 OF 2022(MV-D) BETWEEN: SMT SWARNALATHA W/O LT MANOHAR @ MANOHARAN AGED 55 YEARS R/A D.NO 1-S-23-1842/7 LAWRNALIA, SEQUIREA LANE URWA MARKET ROAD NEAR SUVARNA CATERERS ASHOKNAGARA, DEREBAIL MANGALURU …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD LOCAL OFFICE, 2ND FLOOR RAM BHAVAN COMPLEX, KODIABAIL MANGALURU-575 002 REPRESENTED BY ITS MANAGER 2. SMT. R. ABIRAMI W/O P.R ARJUN AGED ABOUT 32 YEARS R/AT NO 1/17./13E EBENEZER COLONY SANKARI TQ Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 SALEM DIST TAMILNADU-637 301 …RESPONDENTS (BY SRI. SREEKANTA RAO L, ADVOCATE FOR R1, VIDE ORDER DATED 17/03/2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.23.08.2021 IN MVC NO.1537/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND III ADDITIONAL MACT, MANGALURU, (D.K), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The appeal is filed seeking enhancement of compensation awarded by the Tribunal in MVC.No.1537/2017 vide judgment and awarded dated 23.08.2021. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 16.06.2017, Deepak M.S, a 26 year old died. 3. It is not in dispute that the insurer is liable to pay the compensation as the offending vehicle was insured. - 3 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 4. The Tribunal, on assessment of 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 Deepak M.S. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 11,22,000 2. Loss of Consortium 40,000 3. Funeral Expenses 15,000 4. Loss of Estate 15,000 5. Addition of 10% of the compensation awarded under conventional heads 7,000 Total: Rounded off: 11,99,000 12,00,000 5. Learned counsel for the claimant would contend that the Tribunal has erred in assessing the monthly income of the deceased at Rs.11,000/- although the documents had been produced to substantiate the income of the deceased. He would further contend that the Tribunal has erred in awarding meager - 4 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 compensation under all the heads. Accordingly, he would pray for enhancement of compensation. 6. Per contra, learned counsel for the insurer would contend that the Tribunal has awarded exorbitant compensation under all the heads and the same requires to be reduced. Accordingly, he would pray for dismissal of the appeal. 7. I have given my anxious consideration to the submissions made by learned counsel for both the parties and perused the material on record. 8. In order to arrive at the loss of dependency, the Tribunal has assessed the monthly income, notionally at Rs.11,000/-. The claimant had produced Ex.P9 - Salary Certificate, Exs.P17 to P.21 - salary/pay slips and further the income tax returns - Ex.P22 to P24 to substantiate the income of the deceased. Further, PW.3 - employer of the deceased has also been examined, who deposed that the deceased was working under him. Ex.P.12 depicts that the deceased was a bachelor degree holder and Ex.P9 - Salary certificate depicts that the deceased was earning Rs.27,000/- per month. Since the income tax - 5 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 returns pertained to the employer - PW.3 and that PW.3 deposed that he was paying the salary by cash and that the claimant had not produced any bank statement of the deceased to substantiate that the deceased was earning Rs.27,000/- per month, I deem it just and appropriate to assess the monthly income of the deceased at Rs.15,000/-. 9. Since the deceased was aged 26 years and was self- employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.21,000/-. As the deceased was a bachelor, 50% of his income requires to be deducted towards his personal expenses. Thus, the income of the deceased for the purpose of determining the loss of dependency would be Rs.10,500/-. (Rs.15,000 + 40% - 50%). 10. As the deceased was aged 26 years, a multiplier of '17' would have to be applied. 11. Consequently, the claimant would be entitled to a sum of Rs.21,42,000/- (10,500 x 12 x 17) towards “loss of dependency”. - 6 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 12. The claimant, being the mother of the deceased, would be entitled to a sum of Rs.48,400/- towards “loss of consortium”, and would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 13. Thus, the claimant, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 21,42,000 2. Loss of Consortium 48,400 3. Conventional Heads 36,300 Total 22,26,700 14. Accordingly, the claimant would be entitled for total compensation of Rs.22,26,700/- as against Rs.12,00,000/- awarded by the Tribunal along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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. - 7 - HC-KAR CNR: KAHC010325132022 NC: 2026:KHC:38568 MFA No. 5113 of 2022 16. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 35