- 1 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4692 OF 2023 (MV-D) BETWEEN: 1. SMT ATHIKA BANU @ ATHIKA W/O. LATE ABDUL HAMEED @HAMEED KASIM AGED ABOUT 46 YEARS. 2. MR. ANWEEZ KASIM S/O. LATE ABDUL HAMEED @ HAMEED KASIM AGED ABOUT 25 YEARS BOTH ARE RESIDING AT D NO 19-90-3, MELANGADY, ULLAL, MANGALURU, D.K. DISTRICT, pin - 575020. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. MRS MANASA RAI W/O. SATHISH RAI, ADULT, R/AT D NO. 1-167, GIRIJA ADAPA COMPOUND, PAKKALADKA, BAJAL, MANGALURU, D.K. DISTRICT. PIN- 575007. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 2. NEW INDIA ASSURANCE COMPANY LTD., 3RD FLOOR, ESSEL CHAMBERS, KARANGALPADY, MANGALRU D.K. DISTRICT REPRESENTED BY ITS MANAGER PIN-575003 …RESPONDENTS (BY SRI. P B RAJU, ADVOCATE FOR R2, V/O DATED 14.07.2026 NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.09.2022 PASSED IN MVC NO. 927/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MACT, MANGALURU D.K., 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 20.09.2022 passed in MVC No.927/2018 by the learned Principal Senior Civil Judge and CJM and Member, MACT, Mangaluru. - 3 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 2. Even though this appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/Insurer. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Abdul Hameed alias Hameed Kasim in a road traffic accident occurred on 14.11.2017 contending that the accident occurred due to rash and negligent driving of driver of Tempo Traveler bearing Regn. No.KA-19-D-8939. The claimants are wife and son of the deceased. 4. The Tribunal after recording evidence of parties, appreciating evidence on record, assessed the compensation and awarded compensation under various heads as under: 1 Towards dependency Rs.10,89,000.00 2 Loss of consortium a. Spousal consortium Rs. 40,000.00 - 4 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 b. Parental consortium Rs. 40,000.00 3 Towards loss of estate & funeral expenses Rs. 30,000.00 Total compensation Rs.11,99,000.00 5. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realization and directed the respondent No.2/Insurer to pay the award amount with interest. The claimants seeking enhancement of compensation awarded have filed the present appeal. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2/Insurer. 7. The learned counsel for appellants would contend that the deceased was aged 52 years as on the date of accident, and he was running sticker cutter business in the name of Fami Arts at Ullal, Mangaluru. Even though the three years income tax returns are filed, the Tribunal has not taken the income shown in the - 5 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 income tax returns. As the income tax returns for three years are filed, the average income has to be taken into consideration. But the Tribunal has taken the notional income at Rs.15,000/-. The claimants are wife and son of the deceased, and therefore, deductions towards personal expenses of the deceased to be taken at one third as against 50% taken by the Tribunal. The Tribunal has rightly taken future prospects at 10% and applied multiplier 11. He further submits that the compensation awarded under conventional head is just and proper. With this, he prayed to allow the appeal. 8. The learned counsel for respondent No.2/Insurer would contend that the Tribunal has rightly taken the income and the compensation awarded under all heads is just and proper, and there are no grounds for enhancement. 9. Having heard the learned counsel for parties, the Court has perused the judgment and award. - 6 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 10. The deceased was aged 52 years and he was running sticker cutter business in the name of Fami Arts at Ullal, Mangaluru. The deceased has filed income tax returns for three years as per Exs.P21, 22 and 167. The Tribunal ought to have taken average of the said three years income as shown in the three years income tax returns. The income shown in those three income tax returns are Rs.2,87,076/-, Rs.3,47,174 and Rs.2,66,174/-. The average of those three year income is Rs.3,00,141/- and monthly income comes to Rs.25,011/-. Therefore monthly income of the deceased is to be taken at Rs.25,000/- as against Rs.15,000/- taken by the Tribunal. The claimants are wife and son of the deceased. Therefore, deductions are to be taken at one third as against 50% taken by the Tribunal. The Tribunal has rightly applied multiplier `11' and taken 10% towards future prospects. 11. Considering the above aspect, the loss of dependency is calculated as under: - 7 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 Rs.25,000/- + 2,500 (10%) = Rs.27,500/- - 1/3rd = Rs.18,333/- x 12 x 11 = 24,19,956/-. 12. The claimants are entitled to loss of dependency of Rs.24,19,956/- as against Rs.10,89,000/- as awarded by the Tribunal. Consequently the claimants are entitled to enhanced compensation of Rs.13,30,956/- with interest at the rate of 6% per annum from the date of petition till realization. 13. The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.13,30,956/- with interest at the rate of 6% per annum from the date of petition till realization. iii) The respondent No.2/Insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of six weeks from this day, failing - 8 - HC-KAR CNR: KAHC010349062023 NC: 2026:KHC:38734 MFA No. 4692 of 2023 which, it is liable to pay interest at the rate of 9% per annum from this day till payment. iv) The claimant No.1 is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 36