- 1 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4215 OF 2024(MV-D) BETWEEN: 1. THAYAMMA, W/O LATE M J NAGARAJA, AGED ABOUT 47 YEARS, 2. MOHAN M. N., S/O. LATE M J NAGARAJA, AGED ABOUT 30 YEARS, 3. DYAVAMMA, W/O JAVAREGOWDA, AGED ABOUT 73 YEARS, 4. JAVAREGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 81 YEARS, ALL ARE RESIDING AT: RAGIMARURU VILLAGE, RAMANATHAPURA HOBLL, ARAKALAGUD TALUK, HASSAN DISTRICT. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE (VC)) AND: 1. VENKATESHA K., S/O. LATE KRISHNEGOWDA AGED ABOUT 52 YEARS, R/O RATHNAPURI VILLAGE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 KASABA HOBLI, HUNSURU TALUK, MYSURU DISTRICT-571105. AND VENKATESHA K., S/O. LATE KRISHNEGOWDA AGED ABOUT 52 YEARS, R/O 1234, ADICHUNCHANAGIRI SCHOOL ROAD,, ABBURU GATE, PERIYAPATTANA TOWN, PERIYAPATTANA TALUK, MYSURU DISTRICT. 2. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., MYSURU TRADE CENTER. B N ROAD, MYSURU- 01. …RESPONDENTS (V/O. DATED 08.09.2025, NOTICE TO R1 IS DISPENSED WITH; SRI. H.S. LINGARAJU, ADVOCATE FOR R2) THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2024 PASSED IN MVC NO. 121/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, 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: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 ORAL JUDGMENT At request of Sri.Shripad V Shastri learned counsel for the appellants who appears through video conference as well as Sri.H.S.Lingaraj learned counsel for respondent No.2 who appears before this Court physically, the matter is taken up for final hearing and disposal. 2. This appeal is the outcome of the order that is rendered by the Motor Accident Claims Tribunal, Arakalagud in MVC No.121/2023 dated 06.01.2024. This is a claimants' appeal. 3. The first appellant being the wife, the second appellant being the son, the third appellant being the mother and the fourth appellant being the father of the deceased M.J.Nagaraja who died in a road traffic accident that occurred in the year 2022 filed a petition claiming compensation of Rs.30,30,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.12,67,900/- as compensation. Projecting that they are entitled to a higher sum, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 4. The only point that is in dispute as submitted by both the learned counsel is in respect of the income of the deceased M.J.Nagaraja (hereinafter be referred to as the 'deceased' for brevity) by the date of accident. As per the version of the appellants, the deceased as an agriculturist and by vending milk was earning Rs.25,000/- per month. Learned counsel for the appellants submits that the Tribunal took the notional income of the deceased as Rs.11,000/- per month erroneously. Learned counsel contends that the accident occurred in the year 2022 and for the relevant period even Karnataka State Legal Services Authority is taking the notional income as Rs.15,500/- per month for settlement of claims and atleast said figure should have been considered by the Tribunal. Learned counsel for respondent No.2 though contends that the award of the Tribunal is on proper lines, did not dispute the submission of the learned counsel for the appellants in respect of taking notional income in the manner as considered by the Karnataka State Legal Services Authority. 5. Admittedly, the appellants failed to produce any substantive proof with regard to the occupation and earnings of the deceased as on the date of accident. However, considering - 5 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 the submission of learned counsel for the appellants, this Court is of the view that the notional income of the deceased is required to be taken as Rs.15,500/- per month which figure is considered by the Karnataka State Legal Services Authority for the relevant period. Having taken the notional income of the deceased as Rs.15,500/- per month and without disturbing other parameters as adopted by the Tribunal i.e., adding 10% towards future prospects, deducting 1/4th towards personal and living expenses which the deceased would have incurred for himself had he been alive and applying appropriate multiplier '11', the compensation which the appellants are entitled to under the head 'loss of dependency' is as under: Description Amount In Rs. Notional monthly income 15,500-00 Annual Income (15,500X12) 1,86,000-00 On adding 10% towards future prospects 2,04,600-00 On deducting 1/4th towards personal and living expenses 1,53,450-00 Loss of dependency, on applying appropriate multiplier '11' 16,87,950-00 - 6 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 6. As the accident occurred in the year 2022, as per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, the first appellant being the wife of the deceased is entitled to Rs.44,000/- towards loss of spousal consortium. The second appellant being the son of the deceased is entitled to Rs.44,000/- under the head loss of parental consortium. Third and fourth appellants being the parents of the deceased are entitled to Rs.44,000/- under the head loss of filial consortium. Also the appellants are entitled to a sum of Rs.16,500/- towards funeral expenses and Rs.16,500/- towards loss of estate. Thus the total compensation which the appellants are entitled to is as under: Sl No. Compensation Amount in Rs. 1 Loss of dependency 16,87,950-00 2 Loss of spousal consortium 44,000-00 3 Loss of parental consortium 44,000-00 4 Loss of filial consortium 44,000-00 5 Funeral expenses 16,500-00 6 Loss of estate 16,500-00 Total 18,52,950-00 - 7 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 7. The Tribunal through the impugned order awarded a sum of Rs.12,67,900/- only. However, the justifiable sum which the appellants are entitled to as compensation is Rs.18,52,950/-. Therefore, appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Arakalagud through orders in MVC No.121/2023 dated 06.01.2024 is enhanced from Rs.12,67,900/- to Rs.18,52,950/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) The apportionment made by the Tribunal applies to enhanced sum as well. - 8 - HC-KAR NC: 2025:KHC:35093 MFA No. 4215 of 2024 (vi) On deposit, the appellants are permitted to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 5