- 1 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4041/2025 (MV-D) BETWEEN: 1. JAYANANDA S/O. BABU MUKHARI AGED ABOUT 60 YEARS, RESIDING AT NO. 1-120 (20), KUMDEL HOUSE, PADU POST AND VILLAGE FARANGIPETE, BANTWAL TALUK, D.K. DISTRICT PIN-574219. 2. VINAYA W/O. PREMANNANDA AGED ABOUT 42 YEARS, RESIDING AT NO. 5-89/2, SAI KRIPA HOUSE, KATIPALLA POST, KRISHNAPURA, MANGALORE TALUK, D.K. DISTRICT PIN-575016. 3. JAGADEESH K., S/O. JAYANANDA, AGED ABOUT 41 YEARS, RESIDING AT NO. 1-120 (20), KUMDEL HOUSE, PADU POST AND VILLAGE FARANGIPETE, BANTWAL TALUK, D.K. DISTRICT PIN-574219. …APPELLANTS (BY SRI. G. RAVISHANKAR SHASTRY., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 AND: 1. MR JANARDHANA K R S/O. RAMAYYA K.C., ADULT RESIDING AT NO. 5-142-3, SUNIL NIVAS, CHITHRAPURA, KULAI, MANGALORE, D.K. DISTRICT PIN-565019. 2. BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., SHREE VITTAL, MAIN ROAD, SURATHKAL, MANGALORE, D.K. DISTRICT PIN-575012. …RESPONDENTS (BY SRI. C. SHANKARA REDDY., ADVOCATE FOR R2, V/O/D 17.06.2025 NOTICE TO R1 IS D/W) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.02.2025 PASSED IN MVC NO.1442/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU, D.K, 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 ORAL JUDGMENT This appeal is filed against the judgment and award dated 12.02.2025 passed in MVC No.1442/2019 by the I Additional Senior Civil Judge and CJM, Mangaluru, Dakshina Kannada. One Avinash, aged about 27 years, met with an accident on - 3 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 09.06.2019. He was working as a painter and earning Rs.20,000/- per month. But, subsequently, he died on 20.02.2022 due to the injuries sustained in the accident. Initially, Avinash filed claim petition claiming compensation for the injuries sustained by him. After his death, his father, married sister and brother filed claim petition claiming compensation of Rs.60,00,000/- with interest. The Tribunal considering the evidence on record granted compensation of Rs.42,25,430/- with interest at 6% per annum from the date of petition till realization of entire claim. 2. Aggrieved by the said order, this appeal is filed by the claimants seeking enhancement in which it is contended that though the deceased was earning Rs.20,000/- per month and died in the year 2022, the Tribunal has taken his notional income as Rs.14,000/- per month, which is on lower side. Exhibit P14 is the bill issued by Om Sai Tours & Travels, Mangaluru, for an amount of Rs.81,250/- towards travelling expenses of deceased. But, the said amount is not granted by the Tribunal and the evidence of P.W.4 was not assessed properly. Petitioner incurred Rs.24,28,738/- as per Exhibits P12 - 4 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 and P13 towards medical expenses, But some of the bills to an extent of Rs.3,15,208/- were not considered. The amount granted under the head loss of love and affection is only Rs.10,000/-. The deceased lost control over all four limbs from 09.06.2019 to 20.02.2022 for nearly 33 months. He was treated as inpatient in Mangalore Hospital from 10.06.2019 to 05.08.2020 for a period of 14 months and the said aspects were not considered by the Tribunal while granting amount under the head pain and suffering. The deceased was hospitalised for a period of 421 days and engaged an attendant by paying Rs.15,000/- per month. The claimants examined P.W.2-proprietor of Home Care and also filed receipts under serial Nos.26 to 45 for an amount of Rs.2,62,500/-, but it was not granted by the Tribunal. Interest granted at the rate of 6% is on lesser side, and as the deceased incurred medical expenses, interest at 9% per annum is to be granted. Thus, requested for enhancement of the compensation. 3. Learned counsel for respondent/insurance company contended that the Tribunal, considering all the aspects, has - 5 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 rightly granted just compensation and it needs no interference and the interest granted is also just and proper. 4. Heard the arguments of learned counsel for both sides. 5. Admittedly, Avinash met with an accident on 09.06.2019 and died on 20.02.2022. Though it is stated that the deceased Avinash was a painter and earning Rs.20,000/- per month, no income proof has been filed. Learned counsel for the claimants stated that the deceased met with an accident in the year 2019 and was hospitalized for a period of 421 days and died in the year 2022, and therefore, his notional income is to be considered for the year 2022. Admittedly, the deceased met with an accident in the year 2019. So, as per the date of accident, his notional income is to be taken as Rs.14,000/- per month. He was aged 27 years and the multiplier is 17. He is entitled for 40% towards future prospects and 50% is to be deducted towards his personal expenses, as he is a bachelor. So, loss of dependency comes to Rs.19,99,200/- (14,000 + 40% - 50% x 12 x 17). - 6 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 6. The claimants filed medical bills under Exhibits P12 and P13 to an extent of Rs.24,91,738/-. Some of the medical bills from serial Nos.1 to 49 were not considered for the reason that the deceased was discharged from the hospital against medical advice, and serial No.62 was not considered as it is in the name of Anuradha, the sister of the deceased, and serial No.78 was also not considered as there was no name. Hence, medical bill Nos.62 and 78 mentioned in Ex.P12 are discarded and the Tribunal granted Rs.21,13,530/- under medical expenses. The deceased sustained grievous injuries and he was hospitalized for more than one and a half year and spent Rs.24,28,738/- towards medical expenses. Therefore, this Court finds it reasonable to grant said amount under the head medical expenses. 7. The deceased examined PW2-Propreitor of Home Care, who stated that the deceased engaged a nurse on payment of Rs.15,000/- per month for serving him and paid bills to an extent of Rs.2,62,500/-. Therefore, this Court finds it reasonable to grant an amount of Rs.2,62,500/- towards attendant charges. The deceased also examined PW4 and filed - 7 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 Exhibit P14-bills to show transport charges of the deceased. Considering the oral and documentary evidence, this Court finds it reasonable to grant an amount of Rs.81,250/- towards transport charges. 8. The first petitioner-father of deceased Avinash is entitled for Rs.48,400/- towards filial consortium. Petitioner Nos.2 and 3 are married sister and brother of the deceased respectively, and they are not entitled for any amount. The petitioners are also entitled for Rs.36,000/- under the conventional heads. Apart from that, the Tribunal granted Rs.8,000/- for ambulance charges and it is confirmed. Thus, the total compensation comes to Rs.48,84,088/-. 9. In all, the claimants are entitled for the compensation of Rs.48,84,088/- with interest at 6% per annum as against Rs.42,25,430/- awarded by the Tribunal. 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 19,99,200/- - 8 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 2. Loss of Consortium 48,400/- 3. Towards conventional heads 36,000/- 4. Medical expenses 24,28,738/- 5. Attendant charges 2,62,500/- 6. Transport charges 81,250/- 7. Ambulance charges 8,000/- 8. Love and affection 20,000/- Total 48,84,088/- 11. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimants are entitled for the total compensation of Rs.48,84,088/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.6,58,658/- with interest at 6% per annum within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:3493 MFA No. 4041 of 2025 (v) On such deposit, the 1st petitioner-father of the deceased alone is 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.: 95