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Karnataka High Court
Smt Geetha vs Smt Saritha on 6 March, 2026
-1-
NC: 2026:KHC:13779
MFA No. 1694 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO. 1694 OF 2019 (MV-D)
BETWEEN:
1. SMT GEETHA
W/OLATE LOKANATHA
AGED ABOUT 54 YEARS.
2. SRI YATHISH
S/O LATE LOKANATHA,
AGED ABOUT 29 YEARS.
3. SRI. DEEPAK
S/O LATE LOKANATHA,
AGED ABOUT 27 YEARS.
4. SMT. NAGU
W/O LATE BADIYA
AGED ABOUT 74 YEARS.
Digitally ALL ARE RESIDING AT MOODUGOPADI
signed by
NANDINI M S ROAD, KUMBHASHI VILLAGE AND POST,
Location: KUNDAPURA TALUK
HIGH COURT
OF UDUPI DISTRICT - 576 222.
KARNATAKA
...APPELLANTS
(BY SRI KASHINATH J.D, ADV.)
AND:
1. SMT. SARITHA
S/O SHIVANANDA PUTHRAN
AGED ABOUT 45 YEARS
RESIDING AT SARITHA NIVASA
HOIGEBAZAR, THOTA VILLAGE
MANGALORE TALUK, DAKSHINA
KANNADA DISTRICT - 575 001.
-2-
NC: 2026:KHC:13779
MFA No. 1694 of 2019
HC-KAR
2. M/S ROYAL SUNDARAM ALLIANCE
INSURANCE CO.LTD
VISHRANTHI MELARAM TOWERS
NO.2/319, RAJIV GANDHI SALAI (OMR)
KARAPAKKA, CHENNAI - 562 0013
REP BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SRI H.S. LINGARAJ, ADV., FOR R-2;
R-1 SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED27.09.2017 PASSED IN MVC
NO.347/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA AND MEMBER, ADDITIONAL MACT, KUNDAPURA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the claimant seeking enhancement
of compensation being aggrieved by the judgment and award
dated 27.09.2017 passed in MVC.No.347/2016 by the Court of
Senior Civil Judge & Addl. MACT, Kundapura, (for short,
'Tribunal').
2. Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
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HC-KAR
3. Sri Kashinath.J.D., learned counsel for the appellant
submits that the Tribunal has erred in assessing the income of
the deceased at Rs.7,000/- per month by ignoring the fact that
the deceased was working as a coolie and used to earn more
than Rs.15,000/- per month. It is submitted that the award of
compensation on all other heads is also on the lower side.
Hence, he seeks to enhance the compensation appropriately by
allowing the appeal.
4. Per contra, Sri H.S.Lingaraj, learned counsel for
respondent No.2 supports the impugned judgment and award
of the Tribunal and submits that the claimants have failed to
produce any evidence before the Tribunal with regard to
income. Hence, the Tribunal has assessed the income at
Rs.7,000/- per month and applied the relevant multiplier and
awarded just compensation which does not call for
modification. Hence, he seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel for
the appellant, learned counsel for the respondent and
meticulously perused the material available on record.
NC: 2026:KHC:13779
HC-KAR
6. The only point that would arise for consideration in
this appeal is :
"Whether the judgment and award passed by the
Tribunal calls for any interference?"
7. One Lokanatha met with the accident on
21.01.2016 and sustained fatal injuries. Later he succumbed to
the injuries. He was aged about 57 years and was earning
Rs.15,000/- per month. The claim petition was filed by his wife,
two children and the mother of the deceased. The Tribunal has
awarded a total compensation of Rs.6,39,000/- along with
interest at the rate of 6% per annum from the date of petition
till realization.
8. It is not in dispute that the claimants have failed to
produce cogent and acceptable evidence before the Tribunal
with regard to the income of the deceased. In the absence of
proof of income, this Court has notionally re-assessed the
income of the deceased at Rs.9,500/- per month placing
reliance on the notional income chart prepared by KSLSA.
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HC-KAR
9. The deceased was in the age group of 50 to 60
years and hence, the compensation under the head loss of
dependency has to be calculated with additional 10% towards
the future prospects of the income of the deceased. The
appropriate multiplier would be 9 and towards personal
expenses, 1/4th has to be deducted. Hence, the loss of
dependency would come to Rs.9,500/- + 10% x 12 x 9 =
11,28,600/- - 2,82,150/- (1/4th towards personal expenses) =
Rs.8,46,450/-.
10. The claimants are the wife, two children and mother
of the deceased and each of them are entitled for Rs.40,000/-
consortium with 10% escalation on the said amount, which
would Rs.44,000/- x 4 = Rs.1,76,000/-.
11. The appellants are entitled for compensation of
Rs.15,000/- + 10% escalation under the head transportation of
dead body and funeral expenses, which comes to Rs.16,500/-.
Thus, the appellants would be entitled to modified
compensation as under:
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HC-KAR
HEADS AMOUNT
(in Rs.)
Loss of dependency 8,46,450/-
Loss of consortium 1,76,000/-
Transportation of dead body & funeral 16,500/-
expenses
Loss of estate 10,000/-
Total 10,48,950/-
Thus, the appellants-claimants shall be entitled to a total
compensation of Rs.10,48,950/- as against Rs.6,39,000/-
awarded by the Tribunal.
12. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award dated
27.09.2017 passed by the Tribunal is
modified to an extent that the appellant-
claimant would be entitled to total
compensation of Rs.10,48,950/- as against
Rs.6,39,000/- awarded by the Tribunal.
c) The enhanced compensation shall carry at the
rate of 6% p.a. from the date of petition till
realisation.
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HC-KAR
d) The respondent No.2 shall deposit 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 rest of the judgment and award of the
Tribunal with respect to apportionment,
deposit and release shall remain unaltered.
f) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
KK
