Smt Mohini Rai @ Mohini Vs National Insurance… — Motor Accident Claims | Karnataka HC (2026)

Smt Mohini Rai @ Mohini Vs National Insurance… — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal allowed-in-part: enhancement of compensation by Rs.19,000/- (total entitlement Rs.24,02,750/- against the Tribunal award of Rs.23,83,750/-) with interest at 6% p.a., to be deposited by respondent No.1 - Insurance Company within one month, on which the appellants/claimants may withdraw the entire amount with accrued interest.

Issue for consideration

Whether the claimants/appellants are entitled to enhancement of the compensation awarded by the Tribunal (Rs.23,83,750/-), given their contention that the deceased, aged 46, worked as a Coolie earning Rs.800/- per day and that the amounts awarded under the various heads were meagre.

Court's answer

Since the claimants filed no income proof and the accident occurred in 2021, the Tribunal's adoption of the notional income of the deceased at Rs.15,000/- per month is correct and is affirmed by this Court.

Ratio / Principle

For a deceased aged 46 years, the appropriate multiplier is '13'; he is entitled to 25% towards future prospects and 1/4th is to be deducted towards living and personal expenses.

Key takeaways

The Tribunal's grant under the head 'loss of dependency' at Rs.21,93,750/- (Rs.15,000 + 25% x 12 x 13 - 1/4) is upheld as correct.ratio¶37
Each claimant is entitled to Rs.44,000/- towards consortium: petitioner No.1 towards spousal consortium, petitioner Nos.2 and 3 towards parental consortium, and petitioner No.4 towards filial consortium.ratio¶37
The total compensation under the head 'loss of consortium' comes to Rs.1,76,000/- (Rs.44,000 x 4).

Detailed headnote1 paragraphs

Miscellaneous First Appeal (MV-D) under S.173(1) of the MV Act by the widow, two sons (one a minor) and mother of the deceased Somashekhara, who died after a motor vehicle accident of 01.11.2021, challenging the award dated 28.11.2023 in MVC No.358/2022 of the I Addl. District & Sessions Judge & MACT-II, Mangaluru, whereby Rs.23,83,750/- was granted against a claim of Rs.35,00,000/-. Held: in the absence of any income proof, the notional income of the deceased at Rs.15,000/- per month is correct; for the deceased aged 46 years the appropriate multiplier is '13', with 25% towards future prospects and 1/4th deducted towards living and personal expenses, sustaining the loss of dependency at Rs.21,93,750/-; consortium at Rs.44,000/- each (spousal, parental to petitioner Nos.2 and 3, filial) totals Rs.1,76,000/-; conventional heads Rs.33,000/-; total entitlement Rs.24,02,750/-. Net enhancement of Rs.19,000/- with 6% interest ordered to be deposited by respondent No.1 - National Insurance Company Ltd. within one month, on which the claimants may withdraw the entire amount. Appeal allowed-in-part. (P Sree Sudha, J.)

1 - NC: 2026:KHC:18191 MFA No. 5083 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5083 OF 2024 (MV-D)

BETWEEN:

SMT. MOHINI RAI @ MOHINI W/O LATE . SOMASHEKHARA RAI AGED ABOUT 43 YEARS,

AJAY S. RAI S/O LATE B. SOMASHEKHARA RAI AGED ABOUT 21 YEARS

YAJNESH S. RAI S/O LATE B. SOMASHEKHARA RAI AGED ABOUT 17 YEARS

SMT. PADMAVATHI RAI W/O LATE KUNHANNA RAI AGED ABOUT 93 YEARS

Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

THE APPELLANT NO.3 IS MINOR AND REP. BY HIS NATURAL GUARDIAN MOTHER THE APPELLANT NO.1 HEREIN,

ALL ARE R/AT D.NO. 1-76 BUDANADKA HOUSE PUNCHAPPADY VILALGE AND POST PUTTUR TQ., PRESENTLY R/AT MAHIMA NILAYA MOORUKATTE, KUMPALA MANGALURU.

&APPELLANTS

(BY SRI. GURUPRASAD B.R, ADVOCATE)

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AND:

NATIONAL INSURANCE COMPANY LTD., 2ND FLOOR, RASIK CHAMBERS OPP. TO CENTRAL MARKET, MARKET ROAD, MANGALURU - 575 001, REPRESENTED BY ITS MANAGER.

MR. JAISHANKAR H S/O GOVINDAYYA H, AGED ABOUT 48 YEARS, R/AT KARMAJE HOUSE, KUTHUKUNJA POST AND VILLAGE SULLIA TQ - 574 232.

&RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. SHANKARA REDDY C, ADVOCATE FOR R1; VIDE ORDER DATED 11.08.2025, NOTICE TO R2 DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.11.2023 PASSED IN MVC NO.358/2022 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT-II, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

Heard the arguments of both the sides.

This appeal is filed against the award of the Tribunal in M.V.C.No.358/2022 dated 28.11.2023 by the Court of I Addl. District and Sessions Judge & MACT - II, Mangaluru. The deceased - Somashekhara met with an accident on 01.11.2021 and died subsequently. His wife, children and mother have filed claim petition claiming compensation of Rs.35,00,000/-. The Tribunal considering the entire evidence on record has granted an amount of Rs.23,83,750/- with interest at the rate of 6% per annum from date of petition till its realization.

Aggrieved by the said award, the appellantsclaimants have preferred an appeal and mainly contented that the deceased - Somashekhara was aged 46 years, working as Coolie and earning Rs.800/- per day. But the Tribunal has taken his income as Rs.15,000/- per month and the Tribunal has awarded meager amount under the

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other heads. Hence, he requested for enhancement of compensation.

Though the claimants stated that the deceased

Somashekhara was earning Rs.800/- per day, they have not filed any income proof. The accident occurred in the year 2021. Therefore, the Tribunal has rightly considered the notional income of the deceased as Rs.15,000/- per month. As the deceased was aged 46 years, the appropriate multiplier applicable is '13'. So he is entitled for 25% towards future prospects and 1/4^th is to be deducted towards 'living and personal expenses'. The Tribunal has rightly granted compensation under the head 'loss of dependency' as Rs.15,000 + 25% x 12 x 13 - 1/4 = Rs.21,93,750/-. Petitioner No.1 is entitled for Rs.44,000/- towards 'spousal consortium', petitioner Nos.2 and 3 are entitled for Rs.44,000/each towards 'parental consortium' and petitioner No.4 is entitled for Rs.44,000/towards 'filial consortium'. The total compensation under the head 'loss of consortium'

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comes to Rs.1,76,000/- (Rs.44,000 x 4). The claimants

are also entitled for Rs.33,000/- under the

'conventional heads' .

Thus in all, the claimants are entitled for the

following sums:

Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	21,93,750
2	Towards loss of consortium	1,76,000
	(4 claimants)
3	Conventional heads	33,000
	Total	24,02,750

Therefore, the claimants are entitled for enhanced compensation of Rs.19,000/- (Rs.24,02,750 - Rs.23,83,750).

The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1 - Insurance Company is directed to deposit the enhanced compensation of Rs.19,000/- with

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interest at the rate of 6% p.a. within a period of one month from the date of this order. On such deposit, the appellants/claimants are permitted withdraw the entire amount along with interest accrued on it.

Accordingly, the appeal is allowed-in-part.

Sd/(P SREE SUDHA) JUDGE

KA, List No.: 1 Sl No.: 52