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Karnataka High Court
Vanamala vs Manjunath.B. Thalwars on 7 April, 2026
-1-
NC: 2026:KHC:19087
M.F.A. No.7123/2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.7123/2019 (MV-D)
BETWEEN:
1. VANAMALA
W/O SUBRAMANI
AGED ABOUT 52 YEARS.
2. NADIYA
Digitally signed AGED ABOUT 25 YEARS
by ARSHIFA
BAHAR S/O SUBRAMANI.
KHANAM
Location: HIGH BOTH ARE R/AT INDIRA NAGAR
COURT OF RANGENAHALLI POST
KARNATAKA TARIKERE TALUK
CHIKMANGALORE DIST.
...APPELLANTS
(BY SRI. NAGARAJA HEGDE, ADV.,)
AND:
1. MANJUNATH B. THALWARS
R/AT NEAR RACHOTESHWARA TEMPLE
KERUR VILLAGE, BADAMI TALUK
BAGALKOTE DIST.
2. THE CHOLAMANDALAM MS GENERAL
INSURANCE CO., LTD.
H.O. DARE HOUSE, 2ND FLOOR
NO.2 N.S.C BASE ROAD
CHENNAI 600 001
REP. BY ITS AUTHORISED OFFICER.
-2-
NC: 2026:KHC:19087
M.F.A. No.7123/2019
HC-KAR
3. THE PRESIDENT NERALU CHARITABLE TRUST
GIDMAVINAKATTE YEDALLI
SIRSI U.K.
4. UNITED INDIA INSURANCE CO. LTD
KUNDAPURA BRANCH
NH66, LAXMIVENKATESH COMPLEX
VODERHOBLI, KUNDAPURA
REP. BY ITS BRANCH MANAGER.
...RESPONDENTS
(BY SRI. P.B. RAJU, ADV., FOR R4
SRI. D. VIJAYAKUMAR, ADV., FOR R2
R1 AND R3 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.01.2019 PASSED IN MVC
NO.361/2017 ON THE FILE OF THE ADDITIONAL DISTRICT
JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT
KUNDAPURA), KUNDAPURA, 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 17.01.2019 passed in
MVC.No.361/2017 by the Additional District Judge and
Additional MACT, Udupi (Sitting at Kundapura), Kundapura
(for short 'the Tribunal').
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2. Though this appeal is listed for admission, with
the consent of the learned counsels for the parties, it is
taken up for final disposal.
3. Heard Sri.Nagaraja Hegde, learned counsel
appearing for the appellants, Sri.D.Vijaya Kumar, learned
counsel for respondent No.2, Sri.P. B.Raju, learned counsel
for respondent No.4 and meticulously perused the material
available on record.
4. This appeal is by the claimants only to the
limited extent with regard to the assessment of the
income of the deceased. The Tribunal assessed the income
at Rs.9,000/- per month by ignoring the oral and
documentary evidence on record, more particularly
Exs.P13 to P15. It is to be noticed that the deceased was
aged about 24 years at the time of the accident and was
employed as a mechanic at J.S. Fabricator, Bengaluru,
earning Rs.15,000/- per month. The Tribunal, however,
disbelieved the said evidence on the ground that the no
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corroborative material evidence was produced. The
appellants/claimants had specifically contended that the
deceased was working under Sri P.M. John, owner of J.S.
Fabricator, Bengaluru. In support of this contention, PW3 -
P.M. John was examined, who clearly deposed that the
deceased was employed with him as a mechanic.
5. Considering the oral and documentary evidence
on record, including the testimony of PW3, I am of the
considered view that the deceased is required to be
treated as a skilled labour and as the accident is of the
year 2016, it would be appropriate to reassess the income
of the deceased at Rs.13,000/- per month. Having
reassessed the income and considering the age of the
deceased as 24 years, the appellants-claimants are
entitled to an addition of 40% of the assessed income
under the head of loss of future prospects and the
appropriate multiplier applicable would be 18, which has
been rightly considered by the Tribunal. The Tribunal has
erred in considering the deductions as 1/3rd. It is not in
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dispute that the deceased was a bachelor at the time of
the accident; therefore, an appropriate deduction would be
50% of the assessed income towards the personal and
living expenses of the deceased. Accordingly, the
appellants-claimants are entitled to compensation under
the head of loss of dependency as under:
13,000 + 40% X 12 X 18 - 50% = Rs.19,65,600/-
6. The appellants-claimants are also entitled to a
sum of Rs.16,500/- under the head of 'loss of estate' and
Rs.16,500/- under the head of 'funeral expenses &
transportation of dead body' including 10% escalation.
Further, the appellants-claimants, being the mother and
the unmarried sister of the deceased, are each entitled to
a sum of Rs.44,000/- towards loss of consortium
including 10% escalation.
7. Thus, in all, the appellants-claimants shall be
entitled to modified compensation under the following
heads:
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HEADS AMOUNT
(in Rs.)
Loss of dependency 19,65,600/-
Loss of consortium (Rs.44,000 X 2) 88,000/-
Transportation of dead body & funeral 16,500/-
expenses
Loss of estate 16,500/-
Total 20,86,600/-
Thus, the claimants shall be entitled to a total
compensation of Rs.20,86,600/- as against
Rs.18,84,400/- awarded by the Tribunal.
8. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.20,86,600/- as
against Rs.18,84,400/- awarded by the
Tribunal.
c) The compensation amount shall carry
interest at the rate of 6% per annum from
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the date of petition till the date of
payment.
d) The Respondent Nos.2 and 4 are jointly
and severally liable to pay 50% each
compensation with costs and interest.
Both the respondents shall deposit 50% of
the enhanced compensation amount with
accrued interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this judgment.
e) The apportionment, deposit and
disbursement shall be made as per award
of the Tribunal.
f) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK/List No.: 1 Sl No.: 7
