Rohup Mallick @ Rof Mallick @ Raba Mallick Vs Shankar S

UNITED INDIA INS CO LTD, REGIONAL OFFICE, REP BY ITS MANAGER, T.P. HUB, 5^TH AND 6^TH FLOORS KRISHI BHAVANA, HUDSON CIRCLE OPP. BBMP OFFICE, NRUPATHUNGA ROAD BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI SREENIVASA K N, ADVOCATE FOR R2 V/O DTD. 20.07.2026, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:2.3.2023 PASSED IN MVC No.2445/2022 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT, BENGALURU (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2026:KHC:37135 MFA No. 2469 of 2026

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HC-KAR

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CNR: KAHC010244492026

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ORAL JUDGMENT

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This appeal is filed by the claimants seeking enhancement of the compensation awarded in judgment and award dated 02.03.2023 passed in MVC No. 2445/2022 by the XIV Additional Small Causes Judge and Member, MACT (SCCH-10), Bengaluru.

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Though the matter is listed for

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`Orders/Admission’ today, with the consent of the learned counsel appearing for the appellants and learned appearing for respondent No. 2 – Insurer it is taken up for disposal.

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Appellants – claimants made a claim petition praying to award compensation for the death of Rohith Mallick in a road traffic accident that occurred on 02.03.2022 contending that the accident occurred due to the rash and negligent driving by the driver of Mahindra Scorpio car bearing registration No. KA-03-MU-0564. The

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4 - NC: 2026:KHC:37135 MFA No. 2469 of 2026

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HC-KAR

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CNR: KAHC010244492026

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Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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1	Towards loss of dependency	Rs.22,68,000/-
2	Towards loss to estate	Rs.15,000/-
3	Towards transportation of dead body funeral and obsequies ceremony expenses	Rs.15,000/-
4	Towards filial consortium to the petitioner No.1 and 2 (Each Rs.40,000)	Rs.80,000/-
5	Towards Medical expenses Total	Rs.12,704/- Rs.23,90,704/-

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The Tribunal has also awarded interest at the

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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.

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Heard learned counsel for appellants - claimants

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and learned counsel for respondent No.2 – Insurer.

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HC-KAR

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CNR: KAHC010244492026

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Learned counsel for appellants - claimants

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would contend that the Tribunal has taken the notional income of the deceased at Rs.15,000/-, but, income has to be taken at Rs.15,500/- as per the chart prepared by the Karnataka State Legal Services Authority. He further submits that the Tribunal has rightly deducted 50% towards personal expenses of the deceased and added 40% future prospects and applied multiplier of 18. He further submits that consortium has not been awarded to all the claimants and escalation at 10% has not been taken. The Tribunal has awarded consortium only in a sum of Rs.80,000/- to claimant Nos.1 and 2. The Tribunal has not awarded 10% escalation towards loss of estate’ and funeral expenses’. With this, he prayed to allow the appeal.

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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.

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6 - NC: 2026:KHC:37135 MFA No. 2469 of 2026

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HC-KAR

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CNR: KAHC010244492026

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Having heard learned counsel for the parties,

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this Court has perused the judgment and award.

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The accident occurred on 02.03.2022 and

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deceased was aged 20 years as on the date of accident. Claimants are the parents and brothers of the deceased. The Tribunal has taken the income of the deceased at Rs.15,000/-. Notional income fixed for the year 2022 is Rs.15,500/- as per the chart prepared by the Karnataka State Legal Services Authority. The Tribunal has rightly taken future prospects at 40% and deducted 50% towards personal expenses of the deceased as he was a bachelor and applied multiplier of 18. In view of the above, loss of dependency is calculated as under:

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15500 + 6200 (40%) = 21700 21700 – 1/2 = 10850 10850 X 12 X 18 = 23,43,600

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Claimants are parents and two brothers of the

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deceased. The Tribunal has awarded consortium of Rs.80,000/- to claimant Nos. 1 and 2. All the claimants are

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NC: 2026:KHC:37135 MFA No. 2469 of 2026

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HC-KAR

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CNR: KAHC010244492026

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entitled to consortium of Rs.44,000/-. Claimants are

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entitled to loss of consortium as under:

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44000 X 4 = 1,76,000

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Claimants are entitled to `loss of estate’ and

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`funeral expenses’ with escalation at Rs.16,500/- each.

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The Tribunal has rightly awarded medical expenses of Rs.12,704/-.

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In view of the above, claimants are entitled to

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total compensation under various heads as under:

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1	Towards loss of dependency	Rs.23,43,600/-
2	Towards loss to estate	Rs.16,500/-
3	Towards transportation of dead body funeral and obsequies ceremony expenses	Rs.16,500/-
4	Towards filial consortium	Rs.1,76,000/-
5	Towards Medical expenses	Rs.12,704/-
	Total	Rs.25,65,304/-

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Claimants are entitled to total compensation of

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Rs.25,65,304/- as against Rs.23,90,704/- awarded by the Tribunal with interest at the rate of 6% p.a. from date of

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HC-KAR

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CNR: KAHC010244492026

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petition till the date of realization. Consequently, claimants are entitled enhanced compensation of Rs.1,74,600/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No. 2 – Insurer is liable to

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pay the said enhanced compensation with interest.

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In view of the above, the following;

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O R D E R

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i) Appeal is allowed in part.

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ii) Appellants - claimants are entitled to enhanced compensation of Rs.1,74,600/- with interest at the rate of 6% p.a. from date of petition till the date of realization.

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iii) Respondent No. 2 – Insurer is directed to deposit the enhanced compensation with interest before the Tribunal within six weeks from this day failing which it is liable to pay interest at the rate of 9%

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p.a. from this day till the date of payment.

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