- 1 - HC-KAR CNR: KAHC010536972022 NC: 2026:KHC:42607 MFA No. 7883 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7883 OF 2022(MV-D) BETWEEN: 1. SMT. SELIN D' SOUZA W/O LATE SEBASTIAN D SOUZA AGED ABOUT 58 YEARS 2. JOSHWIN D' SOUZA S/O LATE SEBASTIAN D' SOUZA AGED ABOUT 30 YEARS BOTH ARE RESIDENT OF D.NO. 4-27/42 KRISHNA NAGAR, KUNJATHBAIL MANGALURU …APPELLANTS (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., MUNICIPAL VEGETABLE MARKET SHOPPING COMPELX, AM RAOD, PERUMBAVOOR, ERNAKULAM KERALA-683 542 LCOAL OFFICE 2ND FLOOR RAMBHAVAN COMPLEX KODIAL BAIL, MANGALURU 575 003 REPRESENTED BY ITS MANAER 2. ELDHOSE K.V @ ELDHO K.V S/O VARKEY Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010536972022 NC: 2026:KHC:42607 MFA No. 7883 of 2022 AGE MAJOR R/O NO. 6/377 KANIYAMKUDY HOUSE VALAYNCHIRANGARA POST PERUMBAVOOR ERNAKULAM DIST KERALA-683 542 …RESPONDENTS (BY SRI. MOHAN KUMAR T, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.12.2021 PASSED IN MVC NO. 781/2018 ON THE FILE OF THE MEMBER MACT-III AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, 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 claimants, being the legal representatives of deceased-Roshwin Jakson D' Souza, are in appeal seeking for enhancement of compensation awarded by the Tribunal in MVC No.781/2018 dated 10.12.2021. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 29.05.2017, Sri Roshwin Jakson D' Souza, a 21 year old died. - 3 - HC-KAR CNR: KAHC010536972022 NC: 2026:KHC:42607 MFA No. 7883 of 2022 3. It is not in dispute that the Insurance Company is liable to pay the compensation, as the offending vehicle was insured. 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 Sri Roshwin Jakson D' Souza. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 22,68,000 2. Funeral expenses 15,000 3. Loss of consortium 40,000 4. Transportation of dead body 15,000 5. Medical expenses 4,000 Total 23,42,000 5. The sum awarded by the Tribunal under the head 'loss of dependency' at Rs.22,68,000/-, is just and proper. - 4 - HC-KAR CNR: KAHC010536972022 NC: 2026:KHC:42607 MFA No. 7883 of 2022 6. The sum of Rs.4,000/- awarded by the Tribunal towards 'medical expenses', being based on documentary evidence, is affirmed 7. The claimants, being the mother and brother of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.96,800/- ( 48,400 x 2) and they would also be entitled to a 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. Towards loss of dependency 22,68,000 2. Towards loss of consortium 96,800 3. Towards loss of estate 36,300 4. Medical expenses 4,000 Total 24,05,100 9. Thus, the claimants would be entitled for total compensation of Rs.24,05,100/- as against Rs.23,42,000/- along with interest at the rate of 6% per annum from the date of petition till its realization. The claimants-appellants are not - 5 - HC-KAR CNR: KAHC010536972022 NC: 2026:KHC:42607 MFA No. 7883 of 2022 entitled for interest for the delayed period of 163 days in filing this appeal. 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. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 24