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2020 DAILYLAW 2405 (KAR)

SMT RATHNAMMA v. V SAI KUMAR

MFA/4949/2020 · 2026-02-26

Tara Vitasta Ganju

body2020

Judgment text

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MFA NO. 4949/2020 (MV - D) IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SMT RATHNAMMA VS. V SAI KUMAR AND ANOTHER] 16.04.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORDER ON ‘BEING SPOKEN TO’ 1. The matter is listed for 'Being Spoken To' in view of the typographical error in the judgment dated 26.02.2026. 2. Accordingly, the paragraphs No.10, 14, 15 and 16 of the judgment are amended. The amended paragraphs of the judgment are below: 10. It is not disputed by the parties that the notional income for the year 2015 was Rs.9,000/- and the multiplier is ‘18' given that the deceased was 22 years at the time of the accident. Since the deceased was bachelor, one half of his income has to be deducted for loss of dependency. Accordingly, the calculation for loss of dependency would be as follows: Heads Amounts Loss of Dependency (Rs.9,000/- + 40%)= Rs.12,600/- Less 50% as a Bachelor = Rs.6,300/- - 2 - MFA NO. 4949/2020 (MV - D) Rs.6,300/- x 12 x 18 = Rs.13,60,800/- xxxx “14. In view of the discussions as stated above, the compensation awarded is required to be enhanced in the following manner. Sl. No. Heads Amount 1 Loss of dependency Rs. 13,60,800/- 2 Loss of filial Consortium Rs. 44,000/- 3 Loss of estate Rs. 16,500/- 4 Funeral expenses Rs. 16,500/- 5 Towards medical bills Rs. 2,33,140/- TOTAL Rs. 16,70,940/- Awarded by the Tribunal Rs. 9,74,000/- Enhanced Compensation Rs. 6,96,940/- 15. Hence, the appellants are entitled to total compensation of Rs.16,70,940/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. 16. Accordingly, the Court proceeds to pass the following directions: - 3 - MFA NO. 4949/2020 (MV - D) ORDER (i) The appeal is allowed-in-part. (ii) The Impugned Judgment and Award dated 23.02.2019 passed by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal at Chickaballapur, in MVC No.179/2015 is modified, enhancing the compensation of Rs.6,96,940/- [Rupees Six Lakhs Ninety-Six Thousand Nine Hundred and Forty] along with interest applicable thereon as awarded by the learned Tribunal. (iii) The Respondent No.2/Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the learned Tribunal, within a period of six weeks from the date of receipt of a copy of this judgment. (iv) On such deposit of compensation, the same shall be released in favour of the appellants/claimants. (v) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. (vi) All pending applications stand closed. - 4 - MFA NO. 4949/2020 (MV - D) (vii) The Registry is directed to draw the modified Award accordingly. (viii) The Registry is directed to transmit a copy of this judgment to the concerned Tribunal, along with its records. (ix) No order as to costs”. 3. This order will be read along with the order passed on 26.02.2026. Sd/- (TARA VITASTA GANJU) JUDGE JJ List No.: 2 Sl No.: 1 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA