- 1 - HC-KAR NC: 2026:KHC:18191 MFA No. 5083 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5083 OF 2024 (MV-D) BETWEEN: 1. SMT. MOHINI RAI @ MOHINI W/O LATE . SOMASHEKHARA RAI AGED ABOUT 43 YEARS, 2. AJAY S. RAI S/O LATE B. SOMASHEKHARA RAI AGED ABOUT 21 YEARS 3. YAJNESH S. RAI S/O LATE B. SOMASHEKHARA RAI AGED ABOUT 17 YEARS 4. SMT. PADMAVATHI RAI W/O LATE KUNHANNA RAI AGED ABOUT 93 YEARS THE APPELLANT NO.3 IS MINOR AND REP. BY HIS NATURAL GUARDIAN MOTHER THE APPELLANT NO.1 HEREIN, ALL ARE R/AT D.NO. 1-76 BUDANADKA HOUSE PUNCHAPPADY VILALGE AND POST PUTTUR TQ., PRESENTLY R/AT MAHIMA NILAYA MOORUKATTE, KUMPALA MANGALURU. &APPELLANTS (BY SRI. GURUPRASAD B.R, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18191 MFA No. 5083 of 2024 AND: 1. NATIONAL INSURANCE COMPANY LTD., 2ND FLOOR, RASIK CHAMBERS OPP. TO CENTRAL MARKET, MARKET ROAD, MANGALURU - 575 001, REPRESENTED BY ITS MANAGER. 2. MR. JAISHANKAR H S/O GOVINDAYYA H, AGED ABOUT 48 YEARS, R/AT KARMAJE HOUSE, KUTHUKUNJA POST AND VILLAGE SULLIA TQ - 574 232. &RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. SHANKARA REDDY C, ADVOCATE FOR R1; VIDE ORDER DATED 11.08.2025, NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.11.2023 PASSED IN MVC NO.358/2022 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT-II, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:18191 MFA No. 5083 of 2024 ORAL JUDGMENT Heard the arguments of both the sides. 2. This appeal is filed against the award of the Tribunal in M.V.C.No.358/2022 dated 28.11.2023 by the Court of I Addl. District and Sessions Judge & MACT - II, Mangaluru. The deceased - Somashekhara met with an accident on 01.11.2021 and died subsequently. His wife, children and mother have filed claim petition claiming compensation of Rs.35,00,000/-. The Tribunal considering the entire evidence on record has granted an amount of Rs.23,83,750/- with interest at the rate of 6% per annum from date of petition till its realization. 3. Aggrieved by the said award, the appellants- claimants have preferred an appeal and mainly contented that the deceased - Somashekhara was aged 46 years, working as Coolie and earning Rs.800/- per day. But the Tribunal has taken his income as Rs.15,000/- per month and the Tribunal has awarded meager amount under the - 4 - HC-KAR NC: 2026:KHC:18191 MFA No. 5083 of 2024 other heads. Hence, he requested for enhancement of compensation. 4. Though the claimants stated that the deceased - Somashekhara was earning Rs.800/- per day, they have not filed any income proof. The accident occurred in the year 2021. Therefore, the Tribunal has rightly considered the notional income of the deceased as Rs.15,000/- per month. As the deceased was aged 46 years, the appropriate multiplier applicable is '13'. So he is entitled for 25% towards future prospects and 1/4th is to be deducted towards 'living and personal expenses'. The Tribunal has rightly granted compensation under the head 'loss of dependency' as Rs.15,000 + 25% x 12 x 13 - 1/4 = Rs.21,93,750/-. Petitioner No.1 is entitled for Rs.44,000/- towards 'spousal consortium', petitioner Nos.2 and 3 are entitled for Rs.44,000/- each towards 'parental consortium' and petitioner No.4 is entitled for Rs.44,000/- towards 'filial consortium'. The total compensation under the head 'loss of consortium' - 5 - HC-KAR NC: 2026:KHC:18191 MFA No. 5083 of 2024 comes to Rs.1,76,000/- (Rs.44,000 x 4). The claimants are also entitled for Rs.33,000/- under the 'conventional heads'. 5. Thus in all, the claimants are entitled for the following sums: 6. Therefore, the claimants are entitled for enhanced compensation of Rs.19,000/- (Rs.24,02,750 - Rs.23,83,750). 7. The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1 - Insurance Company is directed to deposit the enhanced compensation of Rs.19,000/- with Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 21,93,750 2 Towards loss of consortium (4 claimants) 1,76,000 3 Conventional heads 33,000 Total 24,02,750 - 6 - HC-KAR NC: 2026:KHC:18191 MFA No. 5083 of 2024 interest at the rate of 6% p.a. within a period of one month from the date of this order. On such deposit, the appellants/claimants are permitted withdraw the entire amount along with interest accrued on it. Accordingly, the appeal is allowed-in-part. Sd/- (P SREE SUDHA) JUDGE KA, List No.: 1 Sl No.: 52