- 1 - HC-KAR NC: 2025:KHC:50576-DB MFA No. 4697 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 4697 OF 2022 (MV-D) BETWEEN: 1. CHANDRAMMA. D W/O LATE C N BASAVARAJ AGED ABOUT 30 YEARS R/A CHIKKANALLURU VILLAGE AND POST KADUR TALUK- 577 548 2. YASHAS GOWDA C B S/O LATE C N BASAVARAJ AGED ABOUT 6 YEARS 3. YUVARAJ GOWDA S/O LATE C N BASAVARAJ AGED ABOUT 4 YEARS 4. MEENAKSHAMMA H M W/O NAGAPPA B AGED ABOUT 63 YEARS 5. NAGAPPA B S/O LATE BASAPPA AGED ABOUT 73 YEARS 2ND AND 3RD APPELLANTS ARE MINORS REPRESENTED BY THEIR NATURAL MOTHER AND GAURDIAN 1ST APPELLANT ALL ARE R/A CHIKKANALLURU VILLAGE AND POST Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2025:KHC:50576-DB MFA No. 4697 of 2022 KADUR TALUK-577548 CHIKKAMAGALURU DISTRICT. …APPELLANTS (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. A.E.LAKSHMAN S/O EREGOWDA AGED MAJOR R/A NO.139, AREKERE VILLAGE AND POST, SAKALESHPURA TALUK-573134 2. RELIANCE GEN INS CO LTD BY ITS MANAGER NO.28, EAST WING, 5TH FLOOR CENTENARY BUILDING M G ROAD BENGALURU-560001 …RESPONDENTS (BY SRI. D.VIJAY KUMAR, ADVOCATE FOR R2; V/O/D 3/12/25 NOTICE T1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.01.2022 PASSED IN MVC NO.795/2019 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSE JUDGE AND ACMM AND MEMBER, MACT, BENGALURU, (SCCH-10), 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: - 3 - HC-KAR NC: 2025:KHC:50576-DB MFA No. 4697 of 2022 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal has been instituted by the claimants impugning the judgment and awarded dated 10.01.2022 passed by the Court of XIV Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru in MVC No.795/2019. 2. The factum regarding the accident and death of Sri.Basavaraj C.N, son of Nagappa.B in a motor vehicle accident on 23.12.2018 is not in dispute. The liability of the insurance company is also not in dispute. The only dispute is in respect of the quantum of compensation as assessed by the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988. 3. The Tribunal while calculating the loss of dependency has taken the income of the deceased at ₹9,000/-. As the accident had taken place in the year 2018, as per the - 4 - HC-KAR NC: 2025:KHC:50576-DB MFA No. 4697 of 2022 Circular issued by the Karnataka Legal Service Authority, the notional income of the deceased should have been taken as ₹12,500/- per month. There are five dependants of the deceased. Therefore, 1/4th income of the deceased has to be deducted for his own expenses. Thus, loss of dependency is re-assessed as ₹12,500/- + 5000/- (50% future prospects) which comes to ₹17,500/- x 12 x 14 (as the deceased was 37 years of age) x 3/4 =₹22,05,000/-. In respect of the conventional heads, there are five dependants. Therefore, the loss of consortium should be ₹40,000 x 5 = ₹2,00,000/-; ₹15,000/- is granted for loss of estate; and ₹15,000/- for funeral expenses. Thus, the total compensation is assessed at ₹24,35,000/-. 4. The compensation has been assessed at ₹18,71,000/- by the Trial Court. Thus, the appellants are entitled for the enhanced compensation of ₹5,64,000/-. The appellants are entitled for the enhanced compensation so assessed with interest at the rate of 6% per annum - 5 - HC-KAR NC: 2025:KHC:50576-DB MFA No. 4697 of 2022 from the date of presenting the claim petition, till the date of realisation. 5. Accordingly, the appeal is allowed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE GH List No.: 1 Sl No.: 14