- 1 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 411 OF 2025 (MV-D) BETWEEN: 1. PRAKASH REKHAPPA LAMANI S/O REKHAPPA AGED ABOUT 39 YEARS PERMANENTLY RESIDING AT SEVANAGAR GADAG, KARNATAKA PIN 582 112. 2. SMT. LAMBANI KAMALAVVA @ NETHRA W/O PRAKASH REKHAPPA LAMANI AGED ABOUT 41 YEARS PERMANENTLY RESIDING AT SEVANAGAR GADAG , KARNATAKA PIN 582 112. 3. GOUTAM PRAKASH LAMANI S/OPRAKASH REKHAPPA LAMANI AGED ABOUT 14 YEARS SINCE MINOR REPRESENTED BY HIS GUARDIAN AND FATHER PRAKSH REKHAPPA LAMANI ALL ARE NOW RESIDING AT K .C ROAD KOTEKAR, MANGALURU D .K DISTRICT – 575 022. …APPELLANTS (BY SRI RAVISHANKAR SHASTRY G, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 AND: 1. RABIYAT BEEBI W/O AMERALI S A ADULT RESIDING AT FATHIMA MANZIL KAYYAR, KUDALMERKALA KUDALMERKALA POST KASARGOD, KERALA PIN - 671 324. 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., NEAR ROOPA HOTEL BALMATTA HAMPANKATTA MANGALORE D K DISTRICT, PIN – 575 001. …RESPONDENTS (BY SRI SURESH, ADVOCATE FOR R2 NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.04.2024 PASSED IN MVC No.673/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 ORAL JUDGMENT 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated23.04.2024 passed in MVC No.673/2021 by VI Additional District and Sessions Judge, MACT, D.K Mangaluru. 2. Even though the matter is listed for orders/admission today, with the consent of the learned counsel appearing for appellants and learned appearing for respondent No. 2 – Insurer it is taken up for disposal. 3. Heard learned counsel for appellants – claimants and learned counsel for respondent No. 2 – Insurer. 4. Appellants – claimants made a claim petition praying to award compensation for the death of Master Vishnu (Son of claimant Nos.1 and 2 and elder brother of claimant No.3) in a road traffic accident that occurred on - 4 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 26.10.2020 due to the rash and negligent driving by the driver of car bearing registration No.KL-14/X-9328. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1. Medical expenses Rs.21,654/- 2. Loss of dependency Rs.4,50,000/- 3. Loss of filial consortium and love and affection Rs.80,000/- 4. Funeral expenses and expenses incurred for transportation of dead body. Rs.15,000/- 5. Loss of Estate Rs.15,000/- Total Rs.5,81,654/- 5. The Tribunal has also awarded interest at the rate of 9% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimants seeking enhancement of the compensation awarded, have filed the present appeal. 6. Heard learned counsel for appellants - claimants and learned counsel for respondent No.2 –insurer. - 5 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 7. The date of accident is 26.10.2020 and as on the date of accident the deceased was aged 13 years. Claimants are parents and younger brother of the deceased. 8. The Tribunal placing reliance on the decision of Hon’ble Apex Court in the case of Kishan Gopal Vs Lala and others1 has calculated the loss of dependency. Learned counsel for appellants placing reliance on the decision of Hon’ble Apex Court in the case of Gayatree Pattnaik for Shreejita Pattnaik Vs Arundhati Sahoo and Anr2 contended that the minimum wages is to be taken as income of the deceased (minor), future prospectus are to be added, multiplier to be applied and loss of dependency is to be calculated. The deceased was aged 13 years. As per decision of the Hon'ble Apex Court in the case of Reshma Kumari and Others Vs Madan Mohan and Anr3, the multiplier applicable is ‘15’ for age 1 In (2014) 1 SCC 244 2 In 2026 INSC 785 3 In (2013) SCC OnLine SC 284 - 6 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 group up to 15 years. The minimum wages for semi-skilled workers is Rs.14,041/- for the year 2020 and therefore, income of the deceased is taken as Rs.14,000/- per month. The future prospects are to be added at 40% and personal expenses at 50% are to be deducted. In view of the above, the loss of dependency is calculated as under: Rs.14,000/- + Rs.5,600/- (40%) =Rs.19,600/- less 50% =Rs.9,800/- x 12 x 15 = Rs.17,64,000/-. 9. Claimants are entitled to compensation under conventional heads with 10% escalation as per decision of Hon'ble Apex Court in the case of National Insurance Co. Ltd Vs Pranay Sethi and Others4. Claimants being parents of the deceased and younger brother of the deceased are entitled to consortium in a sum of Rs. Rs.1,32,000 (Rs.44,000/- x3). Claimants are entitled to loss of estate in a sum of Rs.16,500/- and funeral 4 In 2017 ACJ 2700 - 7 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 expenses in a sum of Rs.16,500/-. The Tribunal has rightly awarded medical expenses of Rs.21,654/-. 10. In view of the above, claimants are entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Medical expenses 21,654/- 02. Loss of dependency 17,64,000/- 03. Loss of consortium 1,32,000/- 04. Funeral expenses and expenses incurred for transportation of dead body. 16,500/- 05. Loss of Estate 16,500/- Total 19,50,654/- Considering the above aspects, claimants are entitled to total compensation of Rs.19,50,654/- as against Rs.5,81,654/- as awarded by the Tribunal with interest. Consequently, claimants are entitled to enhanced compensation of Rs.13,69,000/- with interest at the rate of 6% p.a. from the date of petition till realization. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest. - 8 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 11. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) Claimants are entitled to enhanced compensation of Rs.13,69,000/- with interest at the rate of 6% p.a. from the date of petition till realization. iii) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Claimant No.3 is entitled a sum of Rs.44,000/- in the enhanced compensation amount with interest. v) The Tribunal shall keep the above amount of claimant No.3 in fixed deposit in the name of claimant No.3 till he attains majority. - 9 - HC-KAR CNR: KAHC010026092025 NC: 2026:KHC:48824 MFA No. 411 of 2025 vi) Claimant Nos.1 and 2 are entitled to release of 50% each in remaining enhanced compensation amount of Rs.13,25,000/- (Rs.13,69,000/- less Rs.44,000/-) with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 24 Ct.sm