SMT PREMALATHA vs MR. HARIPRASAD
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6141 OF 2026
(MV-D)
BETWEEN:
1. SMT. PREMALATHA
W/O. LATE HARISH
AGED ABOUT 49 YEARS.
2. ABHISHEK
S/O. LATE HARISH
AGED ABOUT 19 YEARS.
3. ANANYA
D/O. LATE HARISH
AGED ABOUT 16 YEARS
4. SMT. DEVAKI
W/O. LATE POOVAPPA MOOLYA
AGED ABOUT 74 YEARS
(APPELLANT No.3 IS MINOR REPRESENTED
BY HER NATURAL GUARDIAN AND MOTHER
THAT IS APPELLANT No.1)
ALL ARE R/AT D.No.1-135
SHREE GANESH NILAYA
PODIKALA HOUSE
BENJANAPADAVU POST
KODMAN, BNATWAL TALUK
PRESENTLY R/AT
C/O. BRAJESH JALLIGUDDE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
BAJAL MANGALURU
PIN-575 007.
…APPELLANTS
(BY SRI MISS: POOJA PARVATHI U, ADVOCATE FOR
SRI G. RAVISHANKAR SHASTRY, ADVOCATE)
AND:
1. MR. HARIPRASAD
S/O. BABU SHETTY
AGED 49 YEARS
R/AT D.No.1-55/K
KAMALA NILAYA, PALLIPADI HOUSE
KARIYANGALA VILLAGE
POLALI, BANTWAL TALUK.
PIN-574 219.
2. UNITED INDIA INSURANCE CO. LTD.,
SALDANHA BUILDING
BRIDGE ROAD
BALMATTA, MANGALURU.
REP. BY ITS MANAGER
PIN-575 001.
…RESPONDENTS
(BY SRI RAVEISH BENNI, ADVOCATE FOR R2
NOTICE TO R1 IS D/W, V/O DTD. 13.10.2026)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:27-10-2025
PASSED IN MVC No.1827/2023 ON THE FILE OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.
MANGALURU PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by the claimants seeking
enhancement of compensation awarded in the judgment
and award dated 27.10.2025 passed in MVC No.
1827/2023 by the VI Additional District and Sessions
Judge and MACT, D.K. Mangaluru.
2. Heard learned counsel for appellants –
claimants and learned counsel for respondent No. 2 –
Insurer.
3. Appellants – claimants made a claim petition
praying to award compensation for the death of Harisha
(husband of claimant No. 1, father of claimant Nos. 2 and
3 and son of claimant No. 4) in a road traffic accident that
occurred on 13.03.2023 due to the rash and negligent
driving by the driver of bus bearing registration No. KA-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
19-AA-3749. The Tribunal after recording evidence,
appreciating the evidence on record, assessed the
compensation and awarded compensation under different
heads as under:
Towards funeral expenses & Rs.15,000/-
transportation charge
Towards loss of dependency Rs.23,40,000/-
Towards loss of estate Rs.15,000/-
Towards Consortium Rs.1,60,000/-
Towards Medical Expenses Rs.2,70,090/-
Total Rs.28,00,090/-
Rounded off to Rs.28,00,000/-
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed respondent No. 2 – Insurer to
deposit the said award amount with interest. Claimants
seeking enhancement of the compensation awarded, have
filed the present appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
5. Heard learned counsel for appellants and
learned counsel for respondent No. 2 – Insurer.
6. Learned counsel for appellants would contend
that the contributory negligence attributed against
deceased at 10% is not proper since charge sheet is filed
against the driver of the bus. Notional income fixed for the
year 2023 is Rs.16,250/- and the said income is to taken
as against Rs.16,000/- taken by the Tribunal. She further
submits that the Tribunal has not awarded escalation on
conventional heads. With this, she prayed to allow the
appeal.
7. Learned counsel for respondent No.2 – Insurer
would contend that the accident occurred in the middle of
the road and considering the same the Tribunal has rightly
attributed contributory negligence at 10% on the
deceased. He further submits that compensation awarded
by the Tribunal is just and proper and there are no
grounds for enhancement.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
8. Having heard learned counsel for the parties
the following points arise for consideration:
I. Whether the Tribunal is justified in attributing
contributory negligence on the part of the deceased
at 10%?
II. Whether there are any grounds for enhancement of
compensation?
9. Reasons on point No. I . The accident
occurred on 13.03.2023 at about 04.30 pm. Ex.R.2 is the
sketch of the spot of the accident which indicate that the
width of the road is 22 feet. Ex.P.4 is spot mahazar of the
accident. Said Ex.P.4 and Ex.R.2 clearly indicate that the
accident occurred in the middle of the road and there is a
curve. Considering the said aspect, even though charge
sheet is filed against the driver of the bus, the Tribunal
has rightly held that the deceased had contributed to the
accident and assessed his contributory negligence at 10%.
Accordingly point No. 1 is answered.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
10. Reasons on point No. II . As on the date of
accident appellant – claimant was aged 43 years.
Considering the said age of the claimant the Tribunal has
rightly applied multiplier `13’. The accident occurred in the
year 2023 and notional income fixed for the year 2023 is
Rs.16,250/- and the said income is to be taken as against
Rs.16,000/- taken by the Tribunal. The Tribunal has rightly
th
added 25% towards future prospects and deducted 1/4
towards personal expenses. In view of the same, loss of
dependency is calculated as under:
16,250 + 25% - Rs.20,312.50
20,312.50 X 12 = Rs.2,43,750/-
th
2,43,750 – 1/4 = Rs.1,82,812.50/-
1,82,812.50 X 13 = Rs.23,76,562.50 rounded of to
Rs.23,76,563/-
11. Even though the Tribunal has awarded
compensation under conventional heads it has not added
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
escalation. In view of the decision of the Hon’ble Apex
Court in the case of National Insurance Company Vs
Pranay Sethi and Others reported in AIR 2017 SC
5157, escalation on conventional heads is to be taken at
10% for every 3 years. The accident has occurred after 6
years from the date of decision in the case of Pranay
Sethi (supra) . Therefore, escalation to be added is at
20%. Considering the same, claimants are entitled to loss
of consortium in a sum of Rs.1,92,000/- (Rs.48,000 X 4),
loss of estate in a sum of Rs.18,000/- and funeral
expenses in a sum of Rs.18,000/-. The Tribunal has rightly
awarded medical expenses in a sum of Rs.2,17,090/-.
12. In view of the above, compensation assessed
under various heads is as under:
1 Loss of dependency Rs.23,76,563/-
2 Consortium Rs.1,92,000/-
3 Funeral expenses Rs.18,000/-
4 Loss of estate Rs.18,000/-
5 Medical expenses Rs.2,70,090/-
Total Rs.28,74,653/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
13. Considering the above aspects claimants are
entitled to total compensation of Rs.28,74,653/- as
against Rs.28,00,000/- awarded by the Tribunal.
Consequently, claimant is entitled to enhanced
compensation of Rs.74,653/-. Contributory negligence
attributed to the deceased by the Tribunal is 10%.
Therefore, claimants are entitled to 90% of the enhanced
compensation, i.e. Rs.67,188/- . Respondent No. 2 –
Insurer is liable to pay the said enhanced compensation
with interest.
14. In view of the above, the following;
O R D E R
a. Appeal is allowed in part.
b. Claimants are entitled to enhanced compensation
of Rs.67,188/- with interest at the rate of 6%
p.a. from the date of petition till the date of
realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:57485
MFA No. 6141 of 2026
CNR: KAHC010574952026
c. Respondent No. 2 – Insurer shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.
d. Appellants are entitled to share in the enhanced
compensation in the ratio of 50 : 20 : 20 : 10.
e. Share of appellant No. 3 – claimant No.3 - minor
shall be kept in Fixed Deposit in her name till she
attains majority.
f. Appellants – claimants 1, 2 and 4 are entitled to
release of their share of enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 21
Ct.sm