- 1 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1928 OF 2013 (MV- D) BETWEEN: 1. NUZHADA KHATOON W/O LATE MOHAMED KHASEEM AGED 40 YEARS 2. MOHAMMED IMRAN S/O LATE MOHAMED KHASEEM AGED 22 YEARS 3. MOHAMMED WASEEM S/O LATE MOHAMED KHASEEM AGED 18 YEARS 4. MOHAMMED NAYEEM S/O LATE MOHAMED KHASEEM AGED 16 YEARS 5. SAHAREEN TAZ D/O LATE MOHAMED KHASIM AGED 13 YEARS 6. MOHAMMED NAWAZ S/O LATE MOHAMED KHASEEM AGED 10 YEARS APPELLANTS 3 TO 6 ARE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER SMT. NUZHADA KHATOON ALL ARE R/A D.NO. 3320, MOHAMMED SAIT BLACK LASKAR MOHALLA MYSORE …APPELLANTS (BY SRI. S RUPESH KUMAR., ADVOCATE) AND: 1. IBRAHIM S/O LATE FAMEER JOHN AGED 40 YEARS R/A KODIYALA GRAMA NEAR WATER TANK SRIRANGAPATNA TALUK MANDYA DISTRICT- 574104. 2. SRI ASRAF S/O ABUBEKAR AGED 52 YEARS R/A VAKKETHUR GRAMA VITLA POST BANTWALA TALUK D.K. DISTRICT- 575002. 3. ICICI LAMBORD GENARAL INSURANCE CO LTD MAXIMUS COMMERCIAL COMPLEX SECOND FLOOR, OFFICE, C-22 LIGHT HOUSE, HILLL ROAD HAMPANA KATTE - 3 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 MANGALORE- 575001. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R3; V/O DTD 22.1.2026, APPEAL AGAINST R1 AND R2 STANDS ABATED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2012 PASSED IN MVC NO.943/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-2, MEMBER, ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 21.10.2012 passed by the Fast Track Court-II and Additional MACT at Mysore (henceforth referred to as 'Tribunal') in MVC No.943/2011. 3. One Mohammed Khaseem met with an accident on 26.09.2008 and died subsequently. His wife and children have filed a claim petition claiming compensation of Rs.16,50,000/-. The Tribunal after considering the entire evidence on record, - 4 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 has awarded the compensation of Rs.4,50,000/- along with interest at the rate of 6% per annum from 30.04.2012 (from the date of evidence) till the date of realization. 4. Aggrieved by the said judgment and award of the Tribunal, the wife and children have preferred this appeal contending that income of the Mohammed Khaseem was considered as Rs.3,000/- per month. In fact he was earning Rs.450/- per day and there is evidence on record to show that the family was paying Rs.3,500/- per month towards rent and residential premises. Further, no compensation was awarded under the head medical expenses, despite the fact that he was treated in the hospital immediately after the accident. Hence, he prays for enhancement of compensation of the Tribunal. 5. It is stated that the Mohammed Khaseem was running a butcher shop and earning Rs.450/- per day. But he has not filed any proof of income. The accident had occurred in the year 2008. As such, the notional income is to be taken as Rs.4,500/- per month, as per the guidelines given by Karnataka State Legal Services Authority. Mohammed Khaseem was aged 40 years at the time of the accident. Therefore, 25% is to be - 5 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 added towards his future prospectus, as per the decision of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi. Thus, the amount would become Rs.5625 [4500 + 1125 (25% + 4500)]. 6. As per the guidelines of Hon’ble Apex Court in case of Sarla Verma Vs. Delhi Transport Corporation, 1/4th of income of the deceased has to be deducted towards his personal expenses as there are 6 dependents. As the deceased was aged 40 years, the multiplier of '15' is to be taken. Therefore, 'loss of dependency' would come to Rs.7,59,375/- (5625 x 12 x 15 x ¾). 7. This Court finds it just and reasonable to award Rs.40,000/- towards 'spousal consortium' for claimant No.1, Rs.40,000/- each towards 'parental consortium' for claimant Nos.2 to 6. The claimants are also entitled for Rs.30,000/- towards conventional heads. 8. Thus in all, the claimants are entitled for the following compensation:- - 6 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 9. The Tribunal has awarded the compensation of Rs.4,50,000/- but the claimants are entitled to total compensation of Rs.10,29,375/-. Therefore, the claimants are entitled to enhanced compensation of Rs.5,79,375/- (Rs.10,29,375- Rs.4,50,000). 10. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 21.10.2012 passed by the Fast Track Court-II and Additional MACT at Mysore (henceforth referred to as 'Tribunal') in MVC No.943/2011 hereby modified holding that the claimants are entitled for enhanced compensation of Rs.5,79,375/- along Particulars Amount in Rs. Loss of dependency 7,59,375/- Spousal consortium 40,000/- Parental consortium (40,000 x 5) 2,00,000/- Conventional Heads 30,000/- Total 10,29,375/- - 7 - HC-KAR NC: 2026:KHC:6657 MFA No. 1928 of 2013 with interest at the rate of 6% per annum from 30.04.2012 till the date of realization. However, the claimants are not entitled for the interest for the delayed period of 1327 days in filing this appeal since the delay is already condoned. iii. Respondents are directed to deposit the compensation amount along with interest at the rate of 6% per annum from 30.04.2012 till the date of deposit, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, claimant 2 to 6 have already attained the age of majority and they are not dependents. This Court finds it just and reasonable to permit claimant No.1/wife of the deceased alone to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 47