- 1 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3707 OF 2020(MV-D) BETWEEN: 1. ZULEKHA BANU @ JULEKHA BANU, W/O LATE NAVEB KHAN, AGED ABOUT 29 YEARS, 2. KUMARI RUHEENA, D/O LATE NAVAB KHAN, AGED ABOUT 11 YEARS, 3. KUMARI SANIYA, D/O LATE NAVAB KHAN, AGED ABOUT 8 YEARS, 4. SRI. HUSSAIN KHAN @ HUSEN KHAN, S/O LATE PAKRUDIN @ PRAKKRUDEEN KHAN, AGED ABOUT 75 YEARS, 5. SMT. AJEEMA BI @ AJIMA BI, W/O HUSSAIN KHAN @ HUSEN KHAN, AGED ABOUT 71 YEARS, (SINCE THE APPELLANTS' NO.2 AND 3 ARE MINORS THEY ARE REP. BY THEIR MOTHER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 SMT.ZULEKHA BHANU) ALL ARE R/AT UMAR SAB PALYA KORAMANGALA, LAKKENAHALLI, MAGADI TALUK, RAMANAGARA DISTRICT. …APPELLANTS (BY SMT.APEKSHA G.M., ADVOCATE) AND: 1. THE UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, NEXT TO MAGISTRATE COURT, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS MANAGER. 2. MR. MANJUNATH R., S/O KAPANI GOWDA, MOOGAPPA VATRA, 5TH CROSS, NYANAPANAHLLI MAIN ROAD, CHOWDESHWARINAGAR, BENGALURU - 560 068. …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 15.06.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.11.2019 IN MVC NO.7492/2018 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE, MACT, ACMM, (SCCH-26), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is by the claimants challenging the judgment and award dated 19.11.2019 passed in M.V.C.No.7492/2018 by the XXIV Additional Small Causes Judge and M.A.C.T and A.C.M.M. (SCCH-26), Bengaluru (for short 'the Tribunal'). 2. Heard Smt.Apeksha G.M, learned counsel appearing for the appellants and Sri.B.C.Shivanne Gowda, learned counsel appearing for respondent No.1. 3. Learned counsel appearing for the appellants submits that the deceased was aged about 30 years and he met with a road accident on 12.11.2018, sustained grievous injuries and later, he succumbed to those injuries. It is submitted that the deceased was stone slab seller and he used to earn ₹ 25,000/- per month. However, the Tribunal has incorrectly considered his income as ₹ 9,000/- per month. It is submitted that the Tribunal ought to have - 4 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 followed the law laid down by the Hon'ble Supreme Court in the case of another Magma General Insurance Company Ltd., v. Nanu Ram @ Chuhru Ram and Other1 and awarded compensation under the head of consortium to each of the appellants with 10% escalation. 4. Learned counsel for respondent No.1 supports the impugned judgment and award of the Tribunal and submits that the claimants failed to produce any evidence with regard to income of the deceased. Hence, the Tribunal has rightly assessed the income and awarded just compensation. There is no scope for enhancement. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments on both sides. Perused the material available on record. 6. It is averred that the deceased was aged about 30 years and used to earn ₹ 25,000/- per month from his business. However, no evidence is placed to substantiate 1 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 the same. Hence, his income is notionally re-assessed at ₹12,500/- placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. The appellants would be entitled to addition of 40% of the assessed income under the head 'loss of future prospects' and appropriate multiplier would be '17' and deduction would be 1/4th. The appellants are the wife, children and parents of the deceased. Hence, each would be entitled to compensation under the head of 'loss of consortium' at ₹ 40,000/- with 10% escalation. The appellants would be entitled to compensation under the head 'loss of estate' at `15,000/- with 10% escalation and 'funeral expenses' at ₹15,000/- with 10% escalation. Hence, the compensation is re-assessed as under; Heads Amount in rupees Loss of dependency (`12,500 + 40% x 12 x 17 - 1/4) 26,77,500.00 Loss of consortium (`40,000 +10% escalation x 5) 2,20,000.00 Loss of estate (`15,000 +10%) 16,500.00 Funeral expenses 16,500.00 - 6 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 (`15,000 +10%) TOTAL 29,30,500.00 7. Thus, the appellant-claimant shall be entitled to a total compensation of ````29,30,500/- as against ` 21,58,000/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 19.11.2019 passed by the Tribunal in M.V.C.No.7492/2018 is modified to an extent that the appellants-claimants would be entitled to total compensation of ` ` ` ` 29,30,500/- as against ` 21,58,000/- awarded by the Tribunal. (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. - 7 - HC-KAR NC: 2026:KHC:22434 MFA No. 3707 of 2020 (iv) The respondent-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 the certified copy of this judgment. (v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. (vi) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 1 Sl No.: 12