Harshith A K v. Harish N

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 181 OF 2025 (MV-D) BETWEEN:

¶1HARSHITH A K AGED ABOUT 26 YEARS S/O LATE KANTHU NALKE @ KANTHAPPA NALIKE AND DECEASED MOHINI A.

¶2NIKHIL A K AGED ABOUT 24 YEAWRS S/O LATE KANTHU NALKE @ KANTHAPPA NALIKE AND DECEASED MOHINI A.

BOTH THE APPELLANTS ARE R/AT AKIRE HOUSE HIREBANDADY VILLAGE PUTTUR TALUK D K DISTRICT - 574241.

…APPELLANTS

(BY SRI. RAJARAMA S.,ADVOCATE)

AND:

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:43827( MFA(No.(181(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010010022025( ( (

1., HARISH,,N, AGED,ABOUT,29,YEARS, S/O,PADMANABHA, R/AT,NEHARU,THOTA,HOUSE, HIREBANDADY,POST, AND,VILALGE, PUTUR,TALUK, D,K,DISTRICT,-,574241., ,

2., THE,MANAGER, THE,UNITED,INDIA,INSURANCE,CO,LTD.,, BRANCH,OFICE,:,BRIDGE,ROAD, BALMATTA,,MANGALORE, D,K,DISTRICT,-,575002, , …RESPONDENTS, , (BY,SRI.,RAVISH,BENNI.,,ADVOCATE,FOR,R2,, V/O,DTD:18.7.2025,,NOTICE,TO,R1,D/W), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST,THE,JUDGMENT,AND,AWARD,DT.23.03.2022,PASSED, IN, MVC, NO.1011/2018, ON, THE, FILE, OF, THE, V, ADDITIONAL, DISTRICT,AND,SESSIONS,JUDGE,AND,MEMBER,,ADDITIONAL, MACT-XI,,D.K.MANGALURU,,SITTING,AT,PUTTUR,,D.K,,,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,SHIVASHANKAR,AMARANNAVAR, , ORAL(JUDGMENT( This, appeal, is, filed, by, the, claimants, seeking, enhancement, of, compensation, awarded,in,judgment,and, award,dated,23.03.2022,passed,in,MVC,No.1011/2018,by,

learned V Additional District and Sessions Judge and Member, Additional MACT, XI DK. Mangaluru sitting at Putturu, D.K.

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/Insurer.

¶3The appellants made a claim petition praying to award compensation for the death of their mother, Mohini A, in a road traffic accident occurred on 23.11.2017 contending that the accident occurred due to the rash and negligent driving of the rider of motorcycle bearing Regn.No.KA-21-X-3214.

¶4The Tribunal, after recording the evidence and appreciating the evidence on record, has assessed the compensation and awarded compensation under various heads as under:

Sl. No. Heads Amount Loss of dependency Rs.14,00,112.00 Loss of consortium Rs. 80,000.00 Transportation and Traveling expenses Rs. 20,000.00

Funeral/obsequies expenses Rs. 15,000.00 Loss of estate/expectancy Rs. 15,000.00 Medical expenses Rs. 45,436.00

Total Rs.15,75,548.00

¶5The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till date of realization and directed respondent No.2/Insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal.

¶6Heard the arguments of the learned counsel for appellants and learned counsel for respondent No.2/Insurer.

¶7The learned counsel for appellants would contend that the Tribunal has taken the income of the deceased at Rs.10,000/- p.m. But as per charge prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2017 is Rs.11,000/- p.m. The Tribunal has rightly added 25% towards future prospects, deducted one third towards personal expenses of the deceased and applied multiplier

¶14The compensation awarded by the Tribunal and other heads is just and proper. With this, he prayed to allow the appeal.

¶8Learned counsel respond No.2/Insurer would contend that the compensation awarded by the Tribunal is just and proper and there are grounds for enhancement.

¶9Having heard the learned counsels, the Court has perused the judgment and award.

¶10The date of accident is 23.11.2017 and as on the date of accident, the age of the deceased was 45

years. The claimants are the two sons of the deceased. Even though it is contended that the deceased was working as a cook, no evidence is placed on record and the Tribunal has rightly taken the notional income. The Tribunal has taken the notional income at Rs.10,000/- per month. But as per the chart prepared by the Karnataka State Legal Services Authority, the notional income for the year 2017 is Rs.11,000/- p.m. and the same is to be taken as against Rs.10,000/- p.m. taken by the Tribunal. The age of the deceased was 45 years and considering the same, the Tribunal has rightly applied multiplier 14. The Tribunal has rightly deducted one third towards personal expenses of the deceased and added 25% towards future prospects.

¶11In view of the above, the loss of dependency is calculated as under: Rs.11,000/-+ 2,750/-(25%) = Rs.13,750/-- 1/3rd = Rs.9,167 x 12 x 14 = Rs.15,40,056/-

¶12Considering the accident in the year 2017, the Tribunal has rightly awarded consortium to each of the claimants at Rs.40,000/-, funeral expenses in a sum of Rs.15,000/- and loss of estate in a sum of Rs.15,000/-. The Tribunal has also rightly awarded medical expenses.

¶13In view of the above, the claimants are entitled to total compensation under various heads as under: Sl. No. Heads Amount Loss of dependency Rs.15,40,056.00 Loss of consortium Rs. 80,000.00 Funeral expenses and transportation of dead body Rs. 15,000.00 Loss of estate Rs. 15,000.00 Medical expenses Rs. 45,436.00 Transportation and traveling expenses Rs. 20,000.00

Total Rs.17,15,492.00

¶14The claimants are entitled to total compensation of Rs.17,15,492/- as against Rs.15,75,548/- as awarded

by the Tribunal with interest. Consequently, the claimants are entitled to enhanced the compensation of Rs.1,39,944/- with interest at the rate of 6% p.a. from the rate of petition till realization.

¶15The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest.

¶16The claimants are not entitled to interest for the delay period of 911 days in filing the appeal as per order dated 28.07.2026 passed on IA No.1/2025.

¶17In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) The appellants are entitled to enhanced compensation of Rs.1,39,944/- with interest at the rate of 6% per annum from the date of petition till realization.

iii) The appellants are not entitled to interest for the delay period of 911 days in filing the appeal.

iv) The respondent No.2/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

v) The claimants are entitled to release of the entire enhanced compensation amount in equal shares.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

BKM List No.: 1 Sl No.: 28