Karnataka High Court
MFA/6869/2024 of SRI SATHYA C Vs SRI MOHAMMED UMMAR on 25 August 2026
CNR: KAHC010598722024 NC: 2026:KHC:45700-DB MFA No. 6869 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 6869 OF 2024 (MV-D) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. JUSTICE R DEVDAS
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO. 6869 OF 2024 (MV-D)
BETWEEN:
1.
SRI SATHYA C.
S/O LATE H. CHANDRA
AGED ABOUT 22 YEARS.
2.
KUM. JAYALAKSHMI C.
D/O LATE H. CHANDRA
AGED ABOUT 17 YEARS
SINCE MINOR REPRESENTED
BY HER GUARDIAN BROTHER
SATYA C.
BOTH ARE R/AT NO.16
MCC COLONY, JYOTHYNAGARA
MYSURU - 570 019.
…APPELLANTS
(BY SMT. SOWKHYA PATIL, ADVOCATE FOR
SRI K. SHRIHARI, ADVOCATE)
AND:
1.
SRI MOHAMMED UMMAR
S/O MOHAMMED HANEEF
AGED ABOUT 28 YEARS
NO.3D, GUNDAPA GARDEN
5 CROSS, 5 MAIN ROAD
RAHAMATHNAGAR
R T NAGAR POST
Digitally signed
by G
SHREERAKSHA
Location: HIGH
COURT OF
KARNATAKA
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BENGALURU NORTH
BENGALURU – 560 032.
2.
SMT. CHANDRIKA
W/O LATE VENUGOPAL C.R.
AGED ABOUT 45 YEARS
NO.101, MEENAKSHI RESIDENCY
3RD CROSS, 8TH MN SEETHAPPA
L/O NEW THIPPA SANDRA
BENGALURU – 560 075.
3.
MANAGER
THE NATIONAL INSURANCE COMPANY
PRESTIGE SHOPPING ARCADE
NO.37/A, 1 FLOOR, RAMASWAMY CIRCLE
MYSURU – 570 024.
…RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R3;
R1 AND R2 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.02.03.2024 PASSED IN MVC
NO.1762/2022 ON THE FILE OF THE PRINCIPAL SMALL CAUSES
AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY 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 R DEVDAS
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R DEVDAS)
This is an appeal preferred by the claimants seeking enhancement of the compensation awarded by the Motor Vehicles Accident Tribunal, Mysuru in MVC No.1762/2022 dated 02.03.2024.
2. Learned counsel for the appellants submits that the Tribunal accepted the contention of the claimants that the deceased Sri.Chandra H. was working as Pourakarmika at Mysuru City Corporation. However, the Tribunal has taken the last drawn salary of the deceased as Rs.19,236/-. The Tribunal has considered the pay slips of the deceased produced by the claimants at Exs.P.9 to P.11. However, learned counsel for the appellants has taken us through the original records and we find that the last pay slip is Ex.P.11 which is of September, 2022. Learned counsel submits that the gross salary of the deceased as per Ex.P.11 is Rs.21,604/-. For the purpose of arriving at the income of the deceased in a motor
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vehicle accident case, in terms of the law laid down by the Hon'ble Supreme Court in the case of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. reported in (2009 ACJ 1298), the only deduction that could be made is the Professional Tax, which is Rs.200/-. The other deductions are towards the personal savings of the deceased and the same cannot be considered for the purpose of arriving at the income of the deceased. Therefore, it is submitted that if Rs.200/- is deducted from the gross salary, the income of the deceased would be Rs.21,404/-. However, the Tribunal has erred in coming to a conclusion that the gross salary of the deceased was Rs.19,236/- and the net salary after deduction was Rs.17,383/-. Learned counsel submits that all other heads under which the Tribunal has awarded compensation is acceptable.
3. Learned counsel for the respondent No.3 - Insurance Company has also gone through the original records and has not disputed that in terms of Ex.P.11,
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which is the last drawn salary slip of the deceased for the month of September, 2022, the gross income of the deceased is Rs.21,604/- and not Rs.19,236/- as concluded by the Tribunal.
4. Accordingly, we find that if the last drawn salary of the deceased in terms of Ex.P.11 is Rs.21,604/-, then after deduction of the professional tax of Rs.200/-, the income of the deceased would be Rs.21,404/-. 40% is required to be added towards future prospects. Accordingly, Rs.8,561.60/- is added to Rs.21,404/- which would be Rs.29,965.60/-. 1/3rd of the amount is deducted towards the personal expenses of the deceased. Therefore, the income would be Rs.19,977. The deceased was aged about 40 years at the time of the accident. Hence, the multiplier applicable is '15'. The loss of dependency would be Rs.19,977 x 12 x 15 = Rs.35,95,860/-.
5. The compensation awarded towards 'loss of consortium' being Rs.88,000/-; 'loss of estate' and 'funeral
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expenses' Rs.33,000/-, the total compensation payable to the claimants would be Rs.37,16,860/- as against the compensation awarded by the Tribunal at Rs.27,84,200/-.
6. Thus, the total compensation re-determined by this Court under various heads are as follows:
1. Loss of Dependency Rs. 35,95,860/-
2. Loss of consortium Rs. 88,000/-
3. Towards loss of estate and funeral expenses Rs. 33,000/- TOTAL Rs. 37,16,860/-
7. The appellants – claimants are entitled for total compensation of Rs.37,16,860/- along with interest at the rate of 6% per annum.
8. Accordingly, for the foregoing reasons, we proceed to pass the following:
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ORDER
i) The appeal is allowed-in-part; ii) The judgment and award passed by the Tribunal in MVC.No.1762/2022, dated 02.03.2024, passed by the Motor Accidents Claims Tribunal, at Mysuru is modified; iii) The appellants – claimants are entitled for total compensation of Rs.37,16,860/- along with interest at the rate of 6% per annum from the date of filing of the petition till realization; iv) The compensation amount along with accrued interest if any, shall be deposited by the respondent No.3 - Insurance Company within eight weeks from the date of receipt of copy of this judgment. v) The claimants are not entitled for interest for the delayed period of 126 days in filing the appeal.
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vi) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order forthwith without any delay. vii) No order as to costs.
Sd/- (R DEVDAS) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
MH/- List No.: 1 Sl No.: 1