- 1 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 1696 OF 2021 (MV-D) BETWEEN: 1. MRS HEMAVATHI NAIK W/O. LATE. UMESH NAIK @ UMESH NAIK, AGED ABOUT 35 YEARS 2. PREETHAM NAIK @ PREETHAM NAIKA S/O. LATE. UMESH NAIK @ UMESH NAIK, AGED ABOUT 5 YEARS, SINCE MINOR REP BY HIS NEXT FRIEND NATURAL GUARDIAN AND MOTHER APPELLANT NO. 1 MRS. HEMAVATHI NAIK, 3. MRS. GULABI W/O. LATE. RAGHU NAIK, AGED ABOUT 64 YEARS R/AT D.No.1-246(1) KORDEL, KOPPALA, TENKAYEDAPADAVU, SHIBRIKERE POST, MANGALURU TALUK, D.K.DISTRICT-575007 4. MISS. AKSHATHA Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 D/O. LATE. RAGHU NAIK @ RAGHAVA NAIK, AGED ABOUT 30 YEARS APPELLANT No.1, 2 AND 4 ARE RESIDING AT NO. 2-246(2), KORDEL TENKAYEDAPADAVU, SHIBRIKERE POST, MANGALURU TALUK, DK DISTRICT-575007. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR A BONA ALWARIES S/O. JOSEPH ALWARIES, ADULT, R/AT THARIPADPU HOUSE, HOSABETTU POST AND VILLAGE, MODDABIDRI, MANGALURU TALUK, DK DISTRICT 574227 2. UNITED INDIA INSURANCE CO LTD PRABHU BUILDING, ARUNA TALKIES MAIN ROAD, PUTTUR TALUK, DK, REP BY ITS DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO LTD, SALDANA BUILDING, BRIDGE ROAD, BALMATTA, MANGALURU TALUK, DK DISTRICT-575001. 3. MR. ZANU VALIYA PEEDIKAYIL S/O. ASSAINAR PARAMMAL, MAJOR, R/AT THOTTOLU HOUSE, - 3 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 THURUTHI POST, KASARAGOD DISTRICT, KERALA STATE 671121 …RESPONDENTS (BY SRI. A.N.KRISHNA SWAMY, FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 21.08.2020 PASSED IN MVC NO.106/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-IV, D.K, 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 D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 173 (1) of the Motor Vehicles Act, 1988 has been preferred by the appellants assailing the judgment and award dated 21.08.2020 passed in MVC No.106/2018, whereby the learned Motor Accident Claims Tribunal has awarded compensation in respect of the death of - 4 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 Mr. Umesh Naik in a road traffic accident which occurred on 21.07.2017. 2. The appellants had claimed compensation of Rs.50,00,000/- on account of the death of the deceased. However, in the present appeal, the challenge is confined to the quantum of compensation awarded by the learned Tribunal. 3. The learned Tribunal, while assessing the loss of dependency, has taken the notional income of the deceased at Rs.10,000/- per month. It is not in dispute that the accident occurred in the year 2017. As per the notional income prescribed by the Karnataka State Legal Services Authority for the year 2017, the income of the deceased ought to have been taken at Rs.11,000/- per month. 4. Accordingly, the monthly income of the deceased is taken at Rs.11,000/- instead of Rs.10,000/- as assessed by the learned Tribunal. 5. The deceased was aged 33 years as on the date of the accident. Therefore, an addition of 40% towards future - 5 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 prospects is required to be made. After such addition, the monthly income works out to Rs.15,400/-. 6. Having regard to the age of the deceased, the multiplier applicable is 16. After deducting 1/4th of the income towards personal and living expenses, the loss of dependency is accordingly recalculated as under: Rs.11,000/- + 40% = Rs.15,400/- Rs.15,400/- × 12 × 16 × 3/4 = Rs.22,17,600/- Accordingly, the appellants are entitled to Rs.22,17,600/- towards loss of dependency as against Rs.20,16,000/- awarded by the Tribunal. 7. The other heads of compensation awarded by the learned Tribunal do not call for interference. Accordingly, the compensation is reassessed as follows: HEADS Rs. Loss of dependency 22,17,600 Medical expenses 1,46,654 Funeral expenses 15,000 Loss of estate 15,000 - 6 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 Loss of Consortium 1,20,000 TOTAL 25,14,254 Less: Compensation awarded by the Tribunal 23,12,654 ENHANCED COMPENSATION 2,01,600 8. Thus, the appellants are entitled to a total compensation of Rs.25,14,254/- as against Rs.23,12,654/- awarded by the Tribunal. 9. Accordingly, the appeal is partly allowed. The judgment and award dated 21.08.2020 passed in MVC No.106/2018 by the learned Motor Accident Claims Tribunal is modified to the aforesaid extent. 10. The enhanced compensation of Rs.2,01,600/- shall carry interest at 6% per annum from the date of petition till realization. 11. The apportionment, disbursement and deposit of the enhanced compensation shall be in terms of the directions issued by the Tribunal in the impugned judgment and award. - 7 - HC-KAR CNR: KAHC010321492020 NC: 2026:KHC:49362-DB MFA No. 1696 of 2021 12. The remaining terms and conditions of the judgment and award of the Tribunal shall remain unaltered. Ordered accordingly. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA CT:SN List No.: 2 Sl No.: 5