- 1 - HC-KAR NC: 2026:KHC:1276 MFA No. 3302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3302/2025 (MV-D) BETWEEN: 1. SMT. HAJARAMMA, W/O. LATE. ABBUBAKKAR MOHD. ASHRAF AGED ABOUT 45 YEARS, 2. MAHAMMED ASHIK M S/O. LATE. ABBUBAKKAR, AGED ABOUT 21 YEARS, 3. ASHIFA FATHIMA D/O. LATE. ABBUBAKKAR AGED ABOUT 17 YEARS, APPELLANT NO.3 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN THE APPELLANT NO. 1 ALL ARE RESIDING AT D. NO. 2-111, ABIDA MANZIL, MARODI VILLAGE, VENOOR, BELTHANGADY TALUK, PRESENTLY RESIDING AT WAL-IN- ARCADE, KADRI, KAMBLA, 1ST FLOOR, MANGALURU, D.K. DISTRICT. PIN-575 003 …APPELLANTS (BY MS. POOJAPARVATHI. U, ADVOCATE FOR SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1276 MFA No. 3302 of 2025 AND: 1. MR. NAGAPRASAD S/O. RAMESH ACHARYA, BEARY, ADULT RESIDING AT D. NO. 2-89, MANNURU HOUSE, IRVATHUR VILLAGE, NAYANADU POST, BANTWAL TALUK, D.K. DISTRICT PIN-574 219. 2. NATIONAL INSURANCE COMPANY LTD., MIDDLETON STREET, POST BOX NO. 9229 KOLKATA, LOCAL OFFICE BHARATH BUILDING, 3RD FLOOR, P.M. RAO ROAD, MANGALURU, D.K. DISTRICT, REPRESENTED BY ITS MANAGER PIN-575 001. …RESPONDENTS (SRI. B.C. SEETHARAM RAO, ADVOCATE FOR R2, V/O DTD:09.06.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.09.2024 PASSED IN MVC NO. 546/2022 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-IV, DAKSHINA KANNADA, 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:1276 MFA No. 3302 of 2025 ORAL JUDGMENT This appeal is filed against the judgment and award dated 27.09.2024 passed in MVC No.546 of 2022 by the III Additional Senior Civil Judge and Member, MACT-IV, D.K., Mangaluru. The deceased Abbubakkar, aged about 48 years, met with an accident on 15.10.2021. The wife, children and mother of deceased filed claim petition claiming compensation of Rs.1,00,00,000/-. The Tribunal considering the evidence on record granted compensation of Rs. 66,37,044/- with interest at 6% per annum from the date of petition till realization. 2. Aggrieved by the said order, this appeal is filed seeking enhancement in which it is contended that Abbubakkar was aged 48 years, working as a head constable in Punjalkatte police station and getting a salary of Rs.54,051/- per month. But, the Tribunal erred in taking his income as Rs.41,574/- and by deducting HRA and professional income tax as mandatory income, the net monthly income was to be assessed as Rs.52,997/- instead of Rs.49,889/-. It is further contended that the deceased was a permanent employee and as such, 30% is - 4 - HC-KAR NC: 2026:KHC:1276 MFA No. 3302 of 2025 to be added towards his future prospects instead of 25%. There are 4 dependants and therefore, one fourth is to be deducted towards personal expenses instead of one third. The Tribunal has not granted 10% escalation while granting consortium and funeral expenses, and interest granted is also on lower side. Thus, requested for enhancement of the compensation. 3. Learned counsel for respondent insurance company has stated that the Tribunal has rightly considered all the aspects and granted reasonable amount and this Court finds no need to interfere with the said order. 4. Heard the arguments of both sides. 5. The claimants filed salary certificate of Abbubakkar under Exhibit P10 and as per the salary certificate, he was getting a gross salary of Rs.54,051/-. After deducing the compulsory directions i.e. professional tax of Rs.200/-, EGIS of Rs.240/- and KGID of Rs.2,350/-, his net salary comes to Rs.51,261/- per month. As the deceased was aged 48 years, the multiplier is to be taken as 13 and as he was a permanent employee, he is entitled for 30% towards future prospects as - 5 - HC-KAR NC: 2026:KHC:1276 MFA No. 3302 of 2025 per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi1. Though the mother of the deceased was also shown as dependent, she died on 13.07.2022 and hence, it was informed to the Tribunal and her name was deleted. Therefore, considering the number of dependants as 3, one third is to be deducted towards personal expenses as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation2. Thus, the loss of dependency comes to Rs.69,30,456/- (51,261/- + 30% - 1/3 x 12 x 13). Further, as per the guidelines of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, the first petitioner is wife and she is entitled for Rs.44,000/- towards spousal consortium. Petitioners 2 and 3 are entitled for an amount of Rs.44,000/- each towards parental consortium. Rs.33,000/- is 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 6 - HC-KAR NC: 2026:KHC:1276 MFA No. 3302 of 2025 awarded under conventional heads, as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi5. Thus, the total compensation comes to Rs.70,95,456/-. 6. In all, the claimants are entitled for the compensation of Rs.70,95,456/- with interest at 6% per annum as against Rs.66,37,044/- awarded by the Tribunal. 7. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 69,30,456/- 2. Loss of Consortium 1,32,000/- 3. Towards conventional heads 33,000/- Total 70,95,456/- 8. In the result, the following order is passed: (i) Appeal is allowed in part. 5 (2017) 16 SCC 680 - 7 - HC-KAR NC: 2026:KHC:1276 MFA No. 3302 of 2025 (ii) The claimants are entitled for the total compensation of Rs.70,95,456/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent-Insurance company is directed to deposit the entire compensation amount along with interest at the rate of 6% within one month from the date of this order. (iii) All the petitioners are permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 92