- 1 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7365 OF 2022 (MV-D) BETWEEN: 1. FELIX BONIFAS CRASTA @ FELIX BONIFAS CRASTO S/O ROBERT CRASTA, AGED 65 YEARS, 2. SMT. MARIA FELIX CRASTA @ MARIA FELIX CRASTO W/O FELIX BONIFAS CRASTA ALIAS FELIX BONIFAS CRASTO AGED 59 YEARS BOTH ARE R/AT HOUSE NO. 387A CEHAS MULLIKATTE HOSADU POST KUNDAPURA TALUK UDUPI DISTRICT - 576 247 …APPELLANTS (BY SMT. POOJA PARVATHI, ADVOCATE FOR SRI. RAVISHANKAR SHASTRY G.,ADVOCATE) AND: 1. LOLAKSHI HARISH W/O HARISH BANGERA AGED 45 YEARS R/AT DOOR NO.1-229/5 GEETHASHREE NEAR KRISHNAMURTHY TEMPLE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 KOTEKAR MANGALURU D.K.DISTRICT - 575 020. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD., RAMABHAVAN COMPLEX KODIALBAIL MANGALURU D.K.DISTRICT - 575 003. 3. FRUMA EVAN CRASTA @ FRUMA EVAN CRASTO D/O FELIX BONIFAS CRASTA ALIAS FELIX BONIFAS CRASTO AGED 34 YEARS 4. FLOYD MANOJ CRASTA @ FLOYD MAJOR CRASTO S/O FELIX BONIFAS CRASTA ALIAS FELIX BONIFAS CRASTO AGED 30 YEARS RESPONDENTS NO 3 AND 4 ARE ALL R/AT HOUSE NO. 387A CEHAS MULLIKATTE HOSADU POST KUNDAPURA TALUK UDUPI DISTRICT - 576 247. …RESPONDENTS (BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R2; R3 & R4 AND R1 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2021 PASSED IN MVC NO.673/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVI JUDGE AND MEMBER, MACT, MANGALURU, DAKSHINA KANNADA. - 3 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 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 for enhancement of compensation. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 06.02.2017, Fermi Priyank Crasto @ Fermi Priyank Crasta s/o of Felix Bonifas Crasta @ Felix Bonifas Crasto, a 23 years old died. 3. It is not in dispute that the Insurer 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 one Fermi Priyank Crasto @ Fermi Priyank Crasta s/o of Felix Bonifas Crasta @ Felix Bonifas Crasto. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 22,68,000 2. Funeral expenses 16,500 3. Loss of estate 16,500 4. Loss of filial consortium 88,000 Total 23,89,000 5. In order to arrive at the loss of dependency, the Tribunal has considered the income of the deceased at Rs.15,000/- by considering his education qualification. Admittedly the deceased was a BBA graduate and he was pursuing his First Year MBA at St.Aloysius College, Mangaluru, to substantiate the same the claimants produced Exs.P.15 to P17. Apart from that it is claimed by the claimants i.e., mother of the deceased that deceased was also doing part-time job in a Bar and Restaurant at Mangaluru and was earning sum of Rs.6,000/- to Rs.8,000/- per month. However, the claimants have not examined the employer of the deceased. Nevertheless they produced the salary certificate of the deceased at Ex.P12. On perusal of Exs.P16 and P17, undisputedly deceased was completed his - 5 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 degree and he was pursing his MBA First Year. If the deceased not met with the unfortunate accident, definitely he would have completed his MBA and have earned a salary of minimum Rs.20,000/- to Rs.25,000 in between 2017 to 2020. The claimants also produced the other educational certificates of the deceased at Ex..P13. The Hon'ble Apex Court in catena of judgments held that in an unfortunate accident the parents who lost their educated children, though cannot be compensated by terms of money, however by granting compensation, the mathematical calculation cannot be done and the Court has to consider the overall repercussions of the accident to the parents. 6. In the instant case due to the unfortunate accident, the claimants lost their son who was pursuing his MBA degree. In a similar fact and circumstance of the case, the Hon'ble Apex Court in the case of S.Vasanthi & Anr. vs. M/s. Adhiparasakthi Engg. College and Another reported in Civil Appeal No.7180/2022 arising out of SLP(C) No.10206/2020 considered the income of the deceased at Rs.30,000/- per month who was pursuing MBA degree. In the - 6 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 instant case the deceased was pursuing his first year MBA, the fact remains he completed his Bachelor degree in St.Aloysius College. Hence, I am of the considered view that the income of the deceased could be taken at Rs.22,000/- instead of Rs.15,000/- as taken by the Tribunal. 7. Since the deceased was aged about 18 years, 40% future prospectus has to be added for his income. Rs.22,000/- + 40% = Rs.30,800/- (Rs.30.800/- x 12 x 18 -50%) appropriate multiplier would be '18' 8. If 50% is deducted towards personal expenses, his monthly income would be Rs.15,400/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.15,400/- 9. As the deceased was aged 18 years, a multiplier of '18' would have to be applied. 10. Consequently, the claimants would be entitled to a sum of Rs.33,26,400/- (Rs.15,400 x 12 x 18) towards “loss of dependency”. - 7 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 11. The claimants being the dependents, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- (Rs.48,400/- x 4) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 12. 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 33,26,400 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 35,56,300 13. Thus, the claimant would be entitled for compensation of Rs.35,56,300/- as against Rs.23,89,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR CNR: KAHC010493652022 NC: 2026:KHC:47236 MFA No. 7365 of 2022 14. 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. 15. 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 GPG List No.: 1 Sl No.: 12