- 1 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO.6580 OF 2024 (MV-D) BETWEEN: 1. SRI DEVANNA NAYAK S/O. CHANDRA NAYAK, AGED ABOUT 67 YEARS, 2. SMT. SUJATHA NAYAK, W/O. DEVANNA NAYAK, AGED ABOUT 60 YEARS, BOTH ARE RESIDING AT HOUSE NO.5-316, KUDENCHA BETTU, HIRGANA, KARKALA TALUK, UDUPI DISTRICT-574 104. …APPELLANTS (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: SRI CHANDRA SHEKAR (DEAD) S/O SHYAM POOJARY, AGED ABOUT 55 YEARS, R/O. D.NO.1/61, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 BANDUBETTU, 41 SHIRURU, BRAHMAVARA, UDUPI TALUK AND DISTRICT-573 213. (THE LEGAL REPRESENTATIVES OF THE RESPONDENT NO.1 DID NOT BRING ON RECORD BEFORE THE CLAIMS TRIBUNAL AND HENCE THE LR'S OF THE RESPONDENT NO.1 HAVE NOT MADE AS PARTY TO THIS APPEAL) 1. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SHRI VIDYA POORNA COMPLEX, NEAR HEAD POST OFFICE, UDUPI TALUK AND DISTRICT-573 213 REP. BY ITS DIVISIONAL MANAGER. …RESPONDENT (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR RESPONDENT NATIONAL INSURANCE CO. LTD.) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 28.11.2023, PASSED BY THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM., UDUPI IN MVC NO.226/2021 AND AWARD JUST AND REASONABLE COMPENSATION CONSIDERING THE GRAVITY AND OTHER SURROUNDING CIRCUMSTANCES, WHICH IS PRODUCED AT ANNEXURE-A, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The claimants who are parents of the deceased Santhosh Nayak are before this Court in this appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 28.11.2023 passed in MVC No.226/2021 on the file of the Additional Motor Accidents Claims Tribunal and the Principal Senior Civil Judge and CJM, Udupi, with a prayer to enhance the compensation. 2. The brief facts of the case are that, the parents of the deceased Santhosh Nayak filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the accidental death of their son in a road traffic accident that occurred on 24.03.2019 involving motorcycle bearing registration No.KA-20/ER-0100 and a Car bearing registration No.KA-10/Z-7810. It is stated that the deceased was aged 29 years as on the date of the accident and was working as - 4 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 Mechanic earning good salary in terms of Ex.P18 at United Arab Emirates. 3. On issuance of notice, the respondent-Insurance Company appeared and filed its written statement. The respondent- Insurance Company has denied the factum of accident and the negligence attributed to the insured vehicle. It has also denied the entire claim petition averments. It is further stated that the accident occurred solely due to the negligence of the rider of the motorcycle and as there has been violation of the policy conditions, the insurer is not liable. It is also stated that the deceased was not wearing helmet. The insurer also contended that there is no nexus between the accidental injuries and death as the accident had taken place on 24.03.2019 and the deceased died on 31.07.2020. With the above, the insurer prayed to dismiss the petition. 4. Before the Tribunal, the claimants to prove their case, claimant no.2/mother of the deceased examined herself as PW.1 and the Doctor was examined as PW.2, apart from marking Exhibits-P1 to P23. No evidence was let in on behalf of the respondent-Insurance Company. - 5 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 5. The Tribunal, on appreciation of the material on record, awarded a total compensation of Rs.21,64,000/- on the following heads: Sl. No. Heads of compensation Compensation amount Rs. 1. Loss of dependency Rs.19,99,200/- 2. Funeral expenses Rs. 18,000/- 3. Loss of estate Rs. 18,000/- 4. Loss of love and affection and loss of consortium: 48,000/- to each petitioners no.1 and 2. Rs. 96,000/- 5. Medical Expenses Rs. 33,066/- TOTAL Rs.21,64,266/- rounded off to Rs.21,64,000/- 6. While awarding the above compensation, the Tribunal assessed the notional income of the deceased at Rs.14,000/- per month and added 40% of the assessed income towards future prospects and deducted 50% towards personal and living expenses of the deceased since he was a bachelor and applied multiplier of 17. Accordingly, it has awarded a sum of Rs.19,99,200/- towards loss of dependency. Further, it has awarded a sum of Rs.18,000/- towards funeral expenses, Rs.18,000/- towards loss of estate, Rs.96,000/- towards loss of consortium and Rs.33,066/- towards medical expenses. The - 6 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 claimants not being satisfied with the quantum of compensation as well as the assessment of income of the deceased are before this Court in this appeal. 7. Heard learned counsel Sri Nagaraja Hegde for the appellants/claimants and learned counsel Sri H.C.Vrushabhendraiah for the respondent-Insurance Company and perused the entire material on record including the certified copy of the records made available by the learned counsel for the appellants. 8. Learned counsel for the appellants contended that the Tribunal committed an error in assessing the notional income of the deceased as the deceased was working as Mechanic in United Arab Emirates and was receiving a sum of 1250/- AED which would approximately be Rs.28,000/- per month in Indian rupee. In that regard, the learned counsel would invite attention of this Court to Ex.P18. The learned counsel would further submit that the Tribunal without appreciating Ex.P18 assessed the notional income of the deceased at Rs.14,000/- per month which is wholly erroneous. The learned counsel would submit that the accident had taken place on 24.03.2019 - 7 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 and the deceased died on 31.07.2020 i.e., after about 16 months from the date of the accident and the appellants have spent more than Rs.4,00,000/- towards treatment of the deceased. The learned counsel would also submit that PW.2- Doctor is examined to establish the condition of the deceased during the said 16 months. Therefore, he prays for awarding compensation towards treatment, transportation, nourishment, food etc. Thus, he prays for enhancement of the compensation. 9. Per contra, learned counsel Sri. H.C.Vrushabhendraiah for the respondent-Insurance Company would submit that the notional income assessed by the Tribunal is proper and correct and it needs no interference. The learned counsel would submit that the claimants placed on record Ex.P18, which is issued subsequent to the death of the deceased. The learned counsel would further submit that the deceased had returned to India in August 2018 itself and he had not gone back as on the date of the accident and he was not in employment. The learned counsel would also submit that no document is placed on record to establish the employment which he was doing as - 8 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 on the date of the accident. It is also his submission that since the deceased stayed in the United Arab Emirates, he has not disclosed what is the amount which he was sending to his parents, who were in India. Thus, the learned counsel would submit that Ex.P18 cannot be relied upon to determine the income of the deceased and rightly the Tribunal has rejected Ex.P18. Further, the learned counsel would submit that the compensation awarded under other heads are just and proper and the same needs no interference. Thus, he prays for dismissal of the appeal. 10. Having heard the learned counsel for the parties and on perusal of the entire papers including the certified copy records made available by the learned counsel for the appellants, the only point which falls for our consideration is as to, "Whether the claimants would be entitled for enhancement of compensation?" The answer to the above point would be partly in the affirmative for the following reasons: 11. The accident that took place on 24.03.2019 involving motorcycle bearing registration No.KA-20/ER-0100 and a Car - 9 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 bearing registration No.KA-10/Z-7810 and the accidental death of the son of the claimants viz., Santhosh Nayak is not in dispute in this appeal. The claimants are before this Court praying for enhancement of compensation. 12. Learned counsel for the appellants mainly contended that the income of the deceased assessed by the Tribunal at Rs.14,000/- per month notionally is erroneous and it ought to have been assessed taking note of Ex.P18 at Rs.28,000/- per month. Ex.P18 is the certificate issued by the Ministry of Human Resources and Emiratisation of United Arab Emirates, stating that the deceased was on contract from 27.05.2016 to 21.09.2019 and he was paid 1250 AED which approximately comes to Rs.28,000/- per month in Indian rupees as submitted by the learned counsel for the appellants. The deceased was residing in India from August 2018 itself which is almost one year prior to the end of the contract. Thereafter, he has not returned to the United Arab Emirates. The copy of the passport produced by the claimants would indicate that the deceased had returned to India in August 2018 and thereafter, he has not gone back to the United Arab Emirates. As on the date of - 10 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 the accident, he was residing in India and he had no employment. The claimants have not placed on record any document to establish the avocation carried on by the deceased as on the date of accident or prior to accident. Even the claimants have not placed on record any corroborative documents such as Bank Statement etc. Therefore, the Tribunal rightly ignored Ex.P18 and rightly assessed the notional income of the deceased at Rs.14,000/- per month taking note of the chart prepared by the Karnataka State Legal Services Authority for the year 2019. 13. It is an admitted fact that the accident had taken place on 24.03.2019 and the deceased died on 31.07.2020. Initially, the deceased was inpatient for 15 days from 24.03.2019 to 09.04.2019. Thereafter, the treatment was continued at his residence. PW.2-Doctor in his evidence has stated the same. It is to be noted that the deceased died after 16 months from the date of the accident. Therefore, the submission of the learned counsel for the appellants that the claimants have incurred expenses towards treatment, transportation, food and nourishment of the deceased shall have to be accepted. Taking - 11 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 note of the above, we deem it appropriate to award a lump sum amount of Rs.2,50,000/- towards the same. The Tribunal rightly assessed the notional income of the deceased at Rs.14,000/- per month and added 40% of the assessed income towards future prospects and thereafter deducted 50% of the same towards personal and living expenses, since he was a Bachelor and adopted multiplier of 17. The Tribunal has rightly awarded a sum of Rs.18,000/- towards funeral expenses and Rs.18,000/- towards loss of estate and also rightly awarded a sum of Rs.96,000/- towards loss of consortium and Rs.33,066/- towards medical expenses, which needs no interference. 14. Thus, the claimants would be entitled to a total compensation of Rs.24,14,000/- as against Rs.21,64,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization. 15. In the result, we proceed to pass the following: ORDER a) The appeal stands disposed of. - 12 - HC-KAR NC: 2026:KHC:7875-DB MFA No. 6580 of 2024 b) The impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to total compensation of Rs.24,14,000/- as against Rs.21,64,000/- awarded by the Tribunal. c) The entire compensation amount shall carry interest the rate of 6% per annum from the date of petition till date of realization. d) The respondent-Insurance Company shall deposit the entire compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. e) Apportionment, deposit & disbursement shall be made as per the award of the Tribunal. f) Draw modified award accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE hkh. List No.: 1 Sl No.: 2