- 1 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 3277 OF 2019 (MV-I) BETWEEN: 1. SMT. SUNITHA SUHAS W/O SUHAS D.R AGED ABOUT 42 YEARS. 2. SUHAS D.R S/O LATE RADHAKRISHNA SHETTY AGED 52 YEARS. 3. SUKRUTH D.S D/O SUHAS D.R AGED ABOUT 21 YEARS. ALL ARE RESIDING C/O BOREGOWDA HOUSING BOARD COLONY SRIRANGAPATANA TOWN AND TALUK MANDYA DISTRICT - 571 438. …APPELLANTS (BY SRI RUPERT M ROSARIO, ADVOCATE) AND: 1. SRI SHAMSUDHEEN S/O KOYA MAJOR R/A VELLAYIKODE KOZHIKODE - 673 015 KERALA STATE (R.C. OWNER OF INNOVA CAR No.KA-57-B-3965) 2. SRI FASALU RAHMAN S/O MOHAMMED MAJOR R/A PULPARAMBIL HOUSE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 THAMARASSERY POST CALICUT, KOZHIKODE KERALA STATE-673 573. (INSURANCE OWNER OF INNOVA CAR NO.KA-57-B-3965) 3. THE MANAGER UNITED INDIA INSURANCE CO. LTD., SATHYAGRUHA SOUDHA NEAR BANGALORE-MYSORE ROAD SHIVAPURA MADDUR MANDYA DISTRICT - 571 429. …RESPONDENTS (BY SRI G.S. MARALAIAH, ADVOCATE FOR R-3; R-1 & R-2 SERVICE OF NOTICE IS DISPENSED WITH V/C/O DT:07.09.2021.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2018 PASSED IN MVC No.793/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT, SRIRANGAPATANA, 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 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 M.V.C.No.793/2017 by the Motor Accident Claims Tribunal, Srirangapatna (for short, ‘Tribunal’). - 3 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 2. Heard the learned counsel appearing for the appellants and learned counsel for the respondents and perused the material available on records. 3. The parents and sibling of deceased Suraj filed a claim petition seeking compensation. The materials on record indicate that deceased Suraj met with an accident on 29.04.2017, sustained grievous injuries and succumbed to the injuries. In order to prove the claim, appellant No.1 examined herself as PW.1 and one Chandrasekhar as PW.2 and got marked Exs.P1 to P12. The respondent did not adduce any evidence. The Tribunal, considering oral and documentary evidence, awarded total compensation Rs.8,94,000/- with interest at the rate of 9% p.a. 4. It is to be noticed that deceased Suraj was aged about 18 years and was studying B.Com. Though it is claimed that the deceased was earning Rs.18,000/- per month doing part time job in Gokul Pharma, Mysore, however, the said assertion of income was not proved by - 4 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 cogent and acceptable evidence. Hence, income of the deceased is required to be reassessed at Rs.11,000/- p.m. placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. 5. The deceased was aged about 18 years. Hence, the appellants/claimants would be entitled for 40% of the additional compensation under the head of loss of future prospects and appropriate multiplier would be 18 and the deceased was a bachelor and deduction towards the personal and living expenses would be 50%. Hence, the compensation under the head loss of dependency would be Rs.11,000/- + 40% X 12 X 18 - 50% =Rs.16,63,200/-. 6. The claimants are parents and brother, hence, they are entitled to loss of consortium at the rate of Rs.40,000/- each with 10% escalation which would be Rs.44,000 X 3 =Rs.1,32,000/-. - 5 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 7. The claimants are entitled for compensation of Rs.15,000/- + 10% escalation under the head of loss of estate i.e., for Rs.16,500/-. 8. The claimants are entitled for compensation of Rs.15,000/- + 10% escalation under the head of transportation of dead body and funeral expenses i.e., Rs.16,500/-. 9. Thus, the appellants - claimants would be entitled to modified compensation as under: 10. Thus, the appellants-claimants shall be entitled to a total compensation of Rs.18,28,200/- as against Rs.8,94,000/- awarded by the Tribunal. Insofar as the HEADS AMOUNT (in Rs.) Loss of dependency 16,63,200/- Loss of consortium 1,32,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 18,28,200/- - 6 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 finding of the Tribunal with regard to liability and direction to deposit is concerned, the same is affirmed. 11. 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 07.08.2018 passed in MVC.No.793/2017 by the Tribunal is modified to an extent that the appellants-claimants would be entitled to total compensation of Rs.18,28,200/- as against Rs.8,94,000/-. iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till its realisation. v) Respondents are directed to deposit the compensation amount before the Tribunal within a period of 6 weeks from the date of receipt of certified copy of this judgment. - 7 - HC-KAR NC: 2026:KHC:23696 MFA No. 3277 of 2019 vi) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE DKB List No.: 2 Sl No.: 4