- 1 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.5586 OF 2022(MV-D) BETWEEN: 1. SMT BHAGI HARIJANA AGED ABOUT 66 YEARS W/O SRI. SUKUMARA R/AT 7-38, AMBURI BELAVI VILLAGE MANGALORE TALUK PRESENTLY R/AT AT 2-69, KAJE HOUSE NOROALBETTU VILLAGE KARKALA TALUK 2. SMT. VANAJA AGED ABOUT 41 YEARS CHILDREN OF LATE DOOJA R/AT 7-38, AMBURI BELAVI VILLAGE MANGALORE TALUK PRESENTLY R/AT AT 2-69, KAJE HOUSE NOROALBETTU VILLAGE KARKALA TALUK 3. SRI NEMI AGED ABOUT 41 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 CHILDREN OF LATE DOOJA R/AT 7-38, AMBURI BELAVI VILLAGE MANGALORE TALUK PRESENTLY R/AT AT 2-69, KAJE HOUSE NOROALBETTU VILLAGE KARKALA TALUK 4. SMT. VASANTH AGED ABOUT 40 YEARS CHILDREN OF LATE DOOJA R/AT 7-38, AMBURI BELAVI VILLAGE MANGALORE TALUK PRESENTLY R/AT AT 2-69, KAJE HOUSE NOROALBETTU VILLAGE KARKALA TALUK 5. JAYANTHI AGED ABOUT 38 YEARS CHILDREN OF LATE DOOJA R/AT 7-38, AMBURI BELAVI VILLAGE MANGALORE TALUK PRESENTLY R/AT AT 2-69, KAJE HOUSE NOROALBETTU VILLAGE KARKALA TALUK …APPELLANTS (BY MS.HEMALATHA.R.G., ADVCOATE FOR SRI.DHANANJAY KUMAR., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 AND: 1. SMT YASMEEN ZEHARA W/O SRI. SAYYAED KUTHUBUDDIN AGED ABOUT 39 YEARS R/AT NO. 3-119, BAITHUL GUNDMI SASTHANA UDUPI TALUK LPRESENTLY R/AT SAFAR RESIDENCY ROOM NO. 101 LNGARU MARPADY VILLAGE MANGALORE TALUK 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD UDUPI DIVISIONAL OFFICE, UDUPI …RESPONDENTS (BY SRI.S.V.HEGDE MULKHAND., ADVOCATE FOR R2; R1- SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2021 PASSED IN MVC NO. 182/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, 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 D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M NADAF) This appeal is by the claimants seeking enhancement of compensation for the death of Babu Kana Amburi aged 65 years, arising out of the Judgment and award dated 02.11.2021 in M.V.C No.182/2020 passed by the Senior Civil Judge and ACJM, Karkala, Udupi (for short, 'the Tribunal'). 2. The date of accident, death of Babu Kana Amburi, involvement of vehicle and liability to pay the compensation are not in dispute. The only dispute is with regard to quantum of compensation awarded by the Tribunal, which according to the claimants is meager. 3. Heard, Ms.Hemalatha., learned counsel appearing for Sri.Dhananjay Kumar., for the appellants and Sri.S.V.Hegde Mulkhand., learned counsel appearing for respondent No.2 - Insurer. Respondent No.1 though served, remained unrepresented. - 5 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 4. The parties are referred to as per their ranking before the Tribunal. 5. The brief facts leading for filing of the present appeal are as under: In an accident occurred on 05.05.2018 at 10:00 pm., Babu Kana Amburi sustained severe injuries due to the rash and negligent driving of Maruti Zen Estilo Car bearing Reg. No.KA-19-MA-3763 by its driver. Immediately after the accident, he was shifted to Alva's Health Centre, Moodabidri, thereafter, to Government Wenlock Hospital, Mangalore. He breathed his last on 06.04.2018, while under treatment. Accordingly, the claimants filed claim petition seeking compensation. 6. In response to the notice, respondent No.1 though served, remained unrepresented and placed ex- parte. Respondent No.2 - Insurer appeared and filed its statement of objection denying the petition averments and taken a specific contention that the deceased was a - 6 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 bachelor and issueless and the claimants are not his legal representatives or legal heirs, as such, they are not entitled for compensation. Further it is contended that as per the Hindu Succession Act, sister's children are not legal heirs of the deceased. A contention of jurisdiction has also been pleaded in the objection contending that the area where the alleged accident had taken place do not come within the jurisdiction of the Court and sought to dismiss the claim petition. 7. The Tribunal after completion of pleadings, framed in all five Issues and answered Issue No.1 with respect to negligence in the Affirmative and Issue No.4 regarding entitlement of compensation, Partly in the Affirmative and granted compensation of Rs.2,53,000/- along with interest @ 7% per annum from the date of petition till realization. It is this Judgment and award passed by the Tribunal is called in question in this appeal. - 7 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 8. Ms.Hemalatha., with all vehemence submits that the Tribunal has failed to consider that in terms of Schedule appended to Hindu Law, the Sister and her children are treated as Class-II heirs. The Tribunal has failed to consider this aspect of the matter and failed to award appropriate compensation under the head loss of dependency. She further submits that what is contemplated under the provisions of Motor Vehicles Act is the legal representatives are entitled to claim compensation. The claim petition is accordingly filed by the legal representatives and they are entitled for compensation. Further, she submits that the Tribunal has not considered 10% escalation on the conventional heads in terms of the law laid down by the Hon'ble Apex Court. With this, she sought to allow the appeal. 9. Per contra, Sri.Mulkhand., with all vehemence submits that the Tribunal has properly passed the award of Rs.2,53,000/- under the head loss of estate, transportation & funeral expenses and loss of love and - 8 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 affection, which does not warrant any interference at the hands of this Court. 10. Having considered the rival submissions, we are of the opinion that Sister and the children of deceased sister come under Class-II heirs and they are the legal representatives. The Tribunal has missed this aspect of the matter. It is the case of the claimants that the deceased was living with them and the income earned by him would be contributed to the family's overall income for the welfare and betterment of the family and children. The Tribunal has failed to consider this aspect of the matter. The accident was of the year 2018. As per the Chart prepared by Karnataka State Legal Services Authority, for the year 2018, the income fixed for unskilled labor is Rs.12,500/-. After deducting 50% towards personal expenses, rest of the amount would be contributed for the betterment of the family. The said income is considered as family income, which is lost due to the death of Babu Kana Amburi. - 9 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 11. In view of the fact that the deceased was 65 years and hale and healthy at the time of the accident, we consider the income as Rs.12,500/- and award reassessed compensation which reads as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of dependency - 5,25,000-00 (12,500x12x7x50%) 2. Loss of Estate 16,500-00 15,000-00 3. Transportation and funeral expenses 16,500-00 15,000-00 4. Loss of Love and affection 2,20,000-00 40,000-00 (only to the Sister alive) 5. 10% escalation (for two terms of three completed years on conventional heads) - 14,000-00 TOTAL 2,53,000-00 6,09,000-00 12. Hence, the claimants are entitled for reassessed compensation of Rs.6,09,000/-. After deducting the compensation awarded by the Tribunal, the claimants are entitled for enhanced compensation of Rs.3,56,000/- [6,09,000 (-) 2,53,000]. Accordingly, we proceed to pass the following: ORDER (i) The appeal is allowed in part. - 10 - HC-KAR NC: 2026:KHC:17085-DB MFA No. 5586 of 2022 (ii) The Judgment and award dated 02.11.2021 passed in MVC No.182/2020 passed by the Senior Civil Judge and ACJM, Karkala, Udupi is modified and the compensation is enhanced. (iii) The Claimants are entitled for enhanced compensation of Rs.3,56,000/- with interest @ 6% per annum from the date of petition till realization. (iv) Respondent No.2 - Insurer shall deposit the entire compensation along with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this order. (v) The apportionment as well as disbursement is unaltered. (vi) No order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 36