SULTANA BEGUM vs MANJUNATHA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6281 OF 2025
(MV-D)
BETWEEN:
1. SULTANA BEGUM
W/O LATE HAIBUR RAHAMAN
AGED ABOUT 31 YEARS
2. JAMINA BEGUAM
D/O LATE ADBUL JALEEL
AGED ABOUT 12 YEARS
3. KURSHI BEGUM
D/O LATE HAIBUR RAHMAN
AGED ABOUT 7 YEARS
ALL ARE PRESENTLY RESIDING AT
C/O A.U.GANAPATHY
S/O LATE A.B.UTHAIAH
KALOOR VILLAGE AND POST
MADIKERI TALUK-571 201.
(SINCE APPELLANT No.2 AND 3 ARE
MINORS, THEY ARE REPRESENTED BY THEIR
ST
NATURAL GUARDIAN MOTHER / 1 APPELLANT
SULTANA BEGUAM AS NEXTG FRIEND).
…APPELLANTS
(BY SMT. SUMA K, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
AND:
1. MANJUNATHA
S/O LATE CHIKKASHETTY
AGED ABOUT 43 YEARS
“D” GROUP EMPLOYEE, GOVT. HOSPITA
WORKING AT GOVERNMENT HOSPITAL
VIRAJPET TOWN
KODAGU DISTRICT-571 218.
2. THE MANAGER
TATA AIG GENERAL INSURANCE CO. LTD.,
ST
1 FLOOR, SUNNY CENTER, No.374
NEW KALIDASA ROAD
ST
VIJAYANAGAR 1 STAGE
MYSURU-570 017.
…RESPONDENTS
(BY SRI S V HEGDE MULKHAND, ADVOCATE FOR R2
V/O DTD. 14.07.2026, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:20.03.2023
PASSED IN MVC No.80/2021 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MEMBER, MACT, MADIKERI, 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 appellants/claimants
seeking enhancement of compensation awarded in
judgment and award dated 20.03.2023 passed in MVC
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
No.80/2021 by the Senior Civil Judge and Member, MACT,
Madikeri.
2. Even 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.
3. The appellants/claimants made a claim petition
praying to award compensation for the death of Haibur
Rahman @ Haibur Ali @ Haibur Islam in a road traffic
accident occurred on 23.06.2021 contending that the
accident occurred due to rash and negligent riding of the
rider of TVS Wego Scooter bearing Regn.No.KA-12-U-
1259. The Tribunal after recording the evidence of the
parties, appreciating the evidence assessed the
compensation and awarded compensation under various
heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency 20,40,000/-
02. Loss of consortium 1,00,000/-
03. Funeral expenses 15,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
04. Loss of estate 15,000/-
05. Transportation charges 15,000/-
Total 21,85,000/-
4. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till 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.
5. Heard learned counsel for the appellants and
learned counsel for respondent No.2/insurer.
6. Learned counsel for the appellants would contend
that the Tribunal has rightly awarded loss of dependency
taking notional income of Rs.15,000/- p.m., deducted
rd
1/3 towards personal expenses of the deceased and
applied multiplier ‘17’, but has not added 40% towards
future prospects. She further submits that claimants are
wife and two minor children of deceased and consortium
awarded is on lower side and the Tribunal has not added
10% escalation on conventional heads.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
7. Learned counsel for respondent No.2/insurer
would contend that the compensation awarded by the
Tribunal is just and proper and there are no grounds for
enhancement.
8. Having heard the learned counsels, the Court has
perused the judgment and award.
9. The accident occurred on 23.06.2021 and as on
the date of accident, the deceased was aged 29 years.
The Tribunal has rightly taken notional income at
Rs.15,000/- p.m. and rightly applied multiplier ‘17’. The
rd
Tribunal has also rightly deducted 1/3 towards personal
expenses of the deceased. Since the deceased was aged
29 years, the Tribunal ought to have added 40% towards
future prospects. Therefore, 40% is to be added to the
amount awarded by the Tribunal in a sum of
Rs.20,40,000/- which comes to Rs.28,56,000/-. The
claimants are wife and two children of deceased. The
Tribunal has only awarded consortium of Rs.1,00,000/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
The claimants are entitled to consortium in a sum of
Rs.40,000/- each with 10% escalation. Therefore,
claimants are entitled to Rs.1,32,000/- (Rs.44,000 x 3).
10. Even though the Tribunal has awarded
Rs.15,000/- towards funeral expenses and Rs.15,000/-
towards loss of estate, but has not added 10% escalation
on those heads. Therefore, the claimants are entitled to
loss of estate in a sum of Rs.16,500/- and funeral
expenses of Rs.16,500/-. As the said funeral expenses
include transportation of dead body, the claimants are not
entitled to compensation towards transportation charges
awarded by Tribunal in a sum of Rs.15,000/-.
11. In view of the above, the claimants are entitled
to compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency 28,56,000/-
02. Loss of consortium 1,32,000/-
03. Funeral expenses and 16,500/-
transportation charges
04. Loss of estate 16,500/-
Total 30,21,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
12. Considering the above aspects, the claimants are
entitled to total compensation of Rs.30,21,000/- as
against Rs.21,85,000/- awarded by the Tribunal with
interest. Consequently, the claimants are entitled to
enhanced compensation of Rs.8,36,000/- with interest @
6% p.a. from the date of petition till realization. The
claimants are not entitled to interest for the delay period
of 791 days in filing the appeal as per order dated
06.10.2026 passed on I.A.1/2025. Respondent
No.2/insurer is liable to pay the said enhanced
compensation with interest.
13. In view of the above, the following:
ORDER
.
i) The appeal is allowed in part
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.8,36,000/-
with interest @ 6% p.a. from the date of
petition till realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59341
MFA No. 6281 of 2025
CNR: KAHC010553692025
iii) Respondent No.2/insurer shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
iv) The claimants are entitled to compensation in
the ratio of 40:10:50.
v) The share of compensation of claimant Nos.2
and 3/minors shall be kept in fixed deposit
with Nationalised/Scheduled Bank till they
attain majority.
vi) Out of the share of claimant No.1, 50% shall
be released and 50% shall be kept in her
name with Nationalised/Scheduled Bank for a
period of three years.
Learned counsel for respondent No.2 is permitted to
file vakalath within two weeks.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 65
Ct.sm