- 1 - HC-KAR NC: 2026:KHC:3029 MFA No. 6118 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6118/2015 (MV-D) BETWEEN: 1. MR. ASHOK KUMAR V S/O.VASUDEV PANIKAR, AGED 55 YEARS 2. SREERAJ ASHOK S/O.ASHOK KUMAR V, AGED 24 YEARS, 3. SREEPRIYA ASHOK D/O.ASHOK KUMAR V, AGED 20 YEARS, ALL ARE RESIDING AT ASHOK BHAVAN, MON COMPU POST, ALLEPPY DISTRICT, KERALA-688502 PRESENTLY RESIDING AT QUARTER NO.4, TYPE-III, KENDRIYA VIDYALA NO 1, PANAMBUR, MANGALORE, D.K. PIN-575010 …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. SMT. MEENA S ALVA C/O.SREE MOOKAMBIKA GAS AGENCY, HARADI, PUTTUR TALUK, D.K. PIN-574 201. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3029 MFA No. 6118 of 2015 2. ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD., OFFICE AT III FLOOR, EMKAY’S SHALIMAR COMPLEX, KANKANADY, MANGALORE, D.K. PIN-575001 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. O MAHESH., ADVOCATE FOR R2, R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.03.2015 PASSED IN MVC NO.1892/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT II, D.K., MANGALORE, 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 02.03.2015 passed in MVC No.1892/2012 on the file of the I Additional District and Sessions Judge, MACT II, D.K., Mangalore, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:3029 MFA No. 6118 of 2015 2. Heard the arguments of the learned counsel for the appellants and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One Jayalaxmi, wife of Ashok, met with an accident on 10.10.2012 and died subsequently. Her husband and children filed claim petition claiming compensation of Rs.40,00,000/-. The Tribunal considering the entire evidence on record, granted Rs.13,86,000/- along with interest at the rate of 6% p.a. from date of petition till deposit. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for appellants mainly contended that she was aged 46 years working as a teacher and was drawing Rs.17,000 per month, but the Tribunal has not considered the future prospects and also erred in deducting 50% of the income towards personal expenses and the amount granted under other heads are meager. Therefore, requested for enhancement of the compensation. 5. The claimants filed the salary certificate under Ex.P12 and also the petitioners examined PW2, the Principal of the School and also filed Ex.P.22/Attendance register and - 4 - HC-KAR NC: 2026:KHC:3029 MFA No. 6118 of 2015 Ex.P23/Salary register. Hence, she was getting gross salary of Rs.19,040/-, but after compulsory deductions getting a salary of Rs.17,080/- and she was aged 46 years and the multiplier taken is ‘13’. Also, She is a permanent employee, therefore future prospects is to be taken at the rate of 30%. She is married and is having husband and children. Therefore 1/3rd is to be deducted towards her personal expenses. Hence, loss of dependency comes to Rs.17,080 + 30% = Rs.22,204 X 12 X 13 - 1/3rd X = Rs.23,09,216/- (34,63,824 – 11,54,608). As accident occurred in the year 2012 the claimants are entitled for 30% escalation on the consortium. As such, the petitioner No.1 is entitled for Rs.52,000/- towards spousal consortium, and petitioner Nos.2 and 3 are entitled for Rs.52000/- parental consortium, each. They are also entitled for an amount of Rs.39,000/- under the other conventional head. The tribunal granted Rs.5,000/- towards medical expenses and it is confirmed. 6. Thus in all, components awarded by this court are as below, - 5 - HC-KAR NC: 2026:KHC:3029 MFA No. 6118 of 2015 Hence, the compensation granted by tribunal is enhanced from Rs.13,86,000/- to Rs.25,09,216/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 02.03.2015 passed in MVC No.1892/2012 on the file of the I Additional District and Sessions Judge, MACT II, D.K., Mangalore, is modified. iii. The claimants are entitled to a sum of Rs. 25,09,216/- along with interest at 6% Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,09,216 2 Towards loss of consortium (3 claimants) 1,56,000 3 Conventional heads 39,000 4 Medical expense 5,000 Total 25,09,216 - 6 - HC-KAR NC: 2026:KHC:3029 MFA No. 6118 of 2015 p.a., from the date of petition till the date of realization, instead of Rs.13,86,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.11,23,216/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1/husband of the deceased alone is permitted to withdraw the entire amount along with interest accrued on the same, as per the apportionment of the Tribunal. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR_ List No.: 1 Sl No.: 0