Allowed

Jayalakshmi v. Akbar Masthaf

Karnataka HC18 Mar 2026MFA/7263/2024

Case brief

AI extract

What is this about?

Motor vehicle death claim enhancement appeal. Court raised notional income from Rs.5,000 to Rs.8,000 per month per KSLSA chart, applied multiplier 17 with 40% future prospects and 50% deduction, recomputing total compensation at Rs.12,12,400 including filial consortium; liability fixed on Bolero insurer.

What did the court decide?

Enhanced compensation of Rs.5,52,400 with 6% interest directed to be deposited by respondent No.3 insurer; entire amount withdrawable by the mother alone.

Jayalakshmi Vs Akbar Masthaf — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7263 OF 2024 (MV-D)

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BETWEEN:

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JAYALAKSHMI W/O LATE KRISHNAPPA GOWDA, AGED ABOUT 63 YEARS, R/AT KUDUTHANAHALLI, MALALUR VILLAGE AND POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT.

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…APPELLANT

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(BY SRI. ASHWATH C.M., ADVOCATE)

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AND:

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AKBAR MASTHAF

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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S/O AMZAD H.M.,

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AGED ABOUT 53 YEARS,

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R/AT KAMMARADI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT OWNER OF VEHICLE.

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MUTHALIB H. @ MUTHALI S/O HASAN SAB, AGED ABOUT 44 YEARS, R/AT YADUR, SULUGODU VILLAGE, HOSANAGAR TALUK, SHIVAMOGGA DISTRICT DRIVER OF THE VEHICLE.

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THE BRANCH MANAGER UNIVERSAL SHAMPU GENERAL

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2 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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INSURANCE CO. LTD. MARUTHI RICE MILL BUILDING B.H. ROAD, SHIVAMOGGA, SHIVAMOGGA DISTRICT INSURER OF THE VEHICLE POLICY NO. 2315/52919734/00/000

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SUNIL KUMAR H.G. S/O GOPALA GOWDA, AGED ABOUT 34 YEARS, R/AT HOLEKOPPA VILLAGE AND POST, SRINGERI TALUK OWNER OF THE MOTOR BIKE BEARING REGISTRATION NO. KA-04-HF-5517.

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JEEVAN KUMAR K.C. S/O CHANDRAPPA, AGED ABOUT 33 YEARS, R/AT KUDUTHANAHALLI, MALALUR VILLAGE AND POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT -

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DRIVER OF THE MOTOR BIKE

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THE BRANCH MANAGER INSURANCE CO. LTD. R.M. COMPLEX, B.H. ROAD, BIRURU, CHIKKAMAGALURU DISTRICT INSURER OF THE VEHICLE POLICY NO. 241481/31/12/01/00002856 INSURER OF THE MOTOR BIKE

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…RESPONDENTS

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(BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R3; V/O DTD 19/12/2025, NOTICE TO R1, R2, R4 TO R6 IS D/W)

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3 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.06.2016 PASSED IN MVC NO.334/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, THIRTHAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 MRS. JUSTICE P SREE SUDHA

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ORAL ORDER

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Heard the arguments of both sides.

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This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 15.06.2016 passed in MVC No.334/2014 by the Senior Civil Judge and JMFC, Thirthahalli (for short 'the Tribunal') seeking enhancement of compensation.

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One Kishora, met with an accident on 29.06.2013 and subsequently died. Initially, his parents filed a claim petition claiming compensation of

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4 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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Rs.15,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.6,60,000./with interest at 9% per annum from the date of petition till realisation.

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Aggrieved by the said award, the claimants have preferred this appeal, mainly contending that the Tribunal has taken notional income as Rs.5,000/- instead of Rs.8,000/- for the year 2013. The deceased, aged 26 years, is entitled for future prospects at 40%, which has not been granted. The compensation awarded under the other heads is meager. Therefore, they have requested for enhancement of compensation.

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Though it is contended that the deceased was earning Rs.20,000/- per month in a private firm, no documentary proof is produced to substantiate his income. Considering the fact that accident occurred in the year 2013, this Court finds it is reasonable to take the notional income at Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The

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5 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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deceased was aged 26 years and multiplier is '17'. He is entitled to 40% addition towards future prospects. As he is a bachelor, 50% of the income is to be deducted towards personal expenses. Loss of dependency comes to Rs.8,000

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40% x 12 x 17 - 50%. Rs.11,42,400/-.

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The MVC was disposed of on 15.06.2016. During the pendency of the appeal, the father of the deceased passed away on 08.04.2024. Consequently, the mother, being the surviving claimant, is entitled to Rs.40,000/- towards filial consortium and Rs.30,000/under conventional heads.

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Accordingly, the compensation payable is

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recalculated as follows:

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Particulars	Amount in Rs.
Loss of dependency	11,42,400.00
Loss of filial consortium	40,000.00
Conventional heads	30,000.00
Total	12,12,400.00

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6 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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Thus, the appellant/claimant is entitled to total

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compensation of Rs.12,12,400/- as against Rs.6,60,000/awarded by the Tribunal. The enhanced compensation amounts to Rs.5,52,400/-.

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The records disclose that the deceased was

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travelling as a pillion rider on a motorcycle when the accident occurred due to the rash and negligent driving of the driver of Bolero vehicle bearing No. KA-14B-0513. A charge sheet has been filed against the driver of the said vehicle. Accordingly, the entire negligence is attributed to the driver of the Bolero vehicle, fastening liability on the

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owner and the insurer of the said vehicle.

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In the result, the following order is passed :

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 15.06.2016

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passed in MVC No.334/2014 by the Senior

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7 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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Civil Judge and JMFC, Thirthahalli, is hereby modified;

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iii. The appellant-claimant is entitled to enhanced compensation of Rs.5,52,400/(Rs.12,12,400/- minus Rs.6,60,000/-).

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iv. Respondent No.3 – Insurance Company is directed to deposit the enhanced compensation of Rs.5,52,400/with interest at 6% per annum within one month from the date of this order.

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v. Upon such deposit, claimant No.1/mother of the deceased alone is permitted to withdraw the entire compensation amount along with interest accrued on it.

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vi. Claimant No.3, being the brother of the deceased, is not entitled for any compensation as he is not a dependent on the deceased.

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8 - NC: 2026:KHC:15890 MFA No. 7263 of 2024

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HC-KAR

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vii. The appellant is not entitled for interest for

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2254 days delay period as per order in

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I.A.No.1/2024 dated 18.03.2026.

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Sd/(P SREE SUDHA) JUDGE

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TMP List No.: 1 Sl No.: 14

Jayalakshmi v. Akbar Masthaf

Case brief

What is this about?

What did the court decide?

Jayalakshmi v. Akbar Masthaf

Case brief

What is this about?

What did the court decide?

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