- 1 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.815/2019 (MV-D) BETWEEN: 1. MRS. RAJESHWARI W/O LATE SANTHOSH KUMAR AGED ABOUT 37 YEARS. 2. BHAVISHYA S. POOJARY D/O LATE SANTHOSH KUMAR AGED ABOUT 13 YEARS MINOR REPRESENTED BY HER NATURAL GUARDIAN/MOTHER RAJESHWARI. 3. MRS. KALYANI POOJARTHI W/O LATE NARYANA KOTIAN AGED ABOUT 68 YEARS. ALL ARE R/AT SANA THOTA HOUSE PADU YENEGUDDE VILLAGE POST: KATAPADY-574 105 UDUPI TALUK AND DISTRICT. …APPELLANTS (BY SRI. K. SHASHIKANTH PRASAD, ADV.,) AND: 1. MR. MOHAMMED SHARAFATHULLA KHAN RESIDING AT GROUND FLOOR ROOM NO.2, YASHODA APARTMENT NEAR SNM SCHOOL Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 SHIBLI NAGARA, SHEEL ROAD THANA-400 601 MAHARASHTRA STATE. 2. THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY BRANCH MANAGER SRI RAM ARCADE UDUPI TALUK-576 329. …RESPONDENTS (BY SRI. K.S. LAKSHMINARASAPPA, ADV., FOR SRI. A.M. VENKATESH, ADV., FOR R2 V/O/DTD:09.11.2023, NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2018 PASSED IN MVC NO.582/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 07.08.2018 passed in MVC.No.582/2016 by the Principal Senior Civil Judge and Additional MACT, Udupi (for short 'the Tribunal'). 2. Sri.K.Shashikanth Prasad, learned counsel appearing for the appellants submits that the Tribunal has - 3 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 committed a grave error in assessing the income of the deceased at Rs.16,071/- per month by ignoring the oral evidence of the claimants as well as Ex.P13 on record. It is submitted that Ex.P13 is the passbook which clearly indicates that the deceased was earning a pigmy commission of more than Rs.18,000/- per month by Auto Nirvahakara Credit Co-operative Society Ltd., Brahmagiri, Udupi. It is further submitted that the award of compensation under other heads is also on the lower side. Hence, he seeks to reassess the same by allowing the appeal. 3. Per contra, Sri.K.S.Lakshminarasappa, learned counsel for Sri.A.M.Venkatesh, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the passbook produced by the appellants at Ex.P13 has been duly considered by the Tribunal and after considering the oral and documentary evidence has rightly assessed the income of the deceased at Rs.16,071/- per month and - 4 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 there is no scope for reassessing the income. It is submitted that the deceased was working as a temporary employee in MESCOM and thereafter he was working as a pigmy collector; therefore, the income which is claimed in the claim petition cannot be accepted as a gospel truth and there is no merit in the appeal. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments on both the sides and meticulously perused the material available on record. 5. The claimants filed a claim petition seeking compensation for the death of Sri.Santhosh Kumar in a road accident dated 05.02.2016. In order to substantiate their claim, the claimants examined four witnesses as PW1 to PW4 and got marked Ex.P1 to Ex.P14. The respondent did not adduce any oral evidence; however, with consent got marked Ex.R1 and Ex.R2. The Tribunal, considering the oral and documentary evidence on record, assessed - 5 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 the income of the deceased at Rs.16,071/- and awarded a total completion of Rs.24,80,650. 6. It is to be noticed that the Tribunal considered the income drawn by the deceased from MESCOM at Rs.8,521/- and added Rs.7,550/-, the income drawn by the another Co-operative Society, and thereby assessed the income of the appellant at Rs.16,071/-. It is also to be noticed that the claimants produced Ex.P13, the passbook which indicates that the deceased was working as a pigmy agent in Auto Nirvahakara Credit Co-operative Society Ltd., Brahmagiri, Udupi and was earning substantial commission every month in addition to his employment with MESCOM and also worked as pigmy agent for another Co-operative Society. In order to substantiate the income shown in Ex.P13, the claimants examined PW3, Sri.Sridhar Devadiga, who has clearly deposed that the deceased was working as a pigmy agent in their bank and was receiving commission as shown in Ex.P13. In my considered view, the said documentary evidence at Ex.P13 and oral - 6 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 testimony of PW3 is required to be considered and the income of the appellant is required to be reassessed. 7. It is further to be noticed that if the incomes from all three sources are taken into account, the deceased would have been liable to file income tax returns. However, no income tax returns have been placed before the Court. Therefore, instead of actual amount mentioned, in my considered view the ends of justice would be met if the earnings of the deceased in MESCOM, another Co-operative Society and Auto Nirvahakara Credit Co-operative Society Ltd., Brahmagiri, Udupi is calculated and the income is reassessed at Rs.25,000/- per month. Having reassessed the income of the deceased at Rs.25,000/- per month and considering the age of the deceased as 40 years 11 months, the appellants-claimants are further entitled to an addition of 25% of the assessed income under the head of loss of future prospects. The appropriate multiplier would be 15 and 1/3rd is deducted towards the personal expenses of the deceased, which is - 7 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 rightly considered by the Tribunal. Hence, the appellants- claimants are entitled to compensation towards loss of dependency as under: Rs.25,000 + 25% X 12 X 15 - 1/3rd = Rs.37,50,000/- 8. The appellants-claimants are entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and Rs.16,500/- under the head of ‘funeral expenses & transportation of dead body’ including 10% escalation. The appellants-claimants being the mother, wife and daughter of the deceased are also entitled to a sum of Rs.44,000/- each towards loss of consortium including 10% escalation. 9. Thus, in all, the appellants-claimants shall be entitled to modified compensation under the following heads: - 8 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 Thus, the claimants shall be entitled to a total compensation of Rs.39,15,000/- as against Rs.24,80,650/- awarded by the Tribunal. 10. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.39,15,000/- as against Rs.24,80,650/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Loss of dependency 37,50,000/- Loss of consortium (Rs.44,000 X 3) 1,32,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 39,15,000/- - 9 - HC-KAR NC: 2026:KHC:23416 M.F.A. No.815/2019 c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) The Registry is directed to transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20