- 1 - HC-KAR NC: 2025:KHC:35694 MFA No. 4555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4555 OF 2024(MV-D) BETWEEN: 1. SRI NAGARAJ K., S/O KRISHNAPPA, AGED ABOUT 36 YEARS, 2. KAUSHIK N. GOWDA, S/O NAGARAJ K., AGED ABOUT 11 YEARS, 3. KUM. SADHANA, D/O. NAGARAJ K., AGED ABOUT 09 YEARS SINCE APPELLANT NOS. 2 AND 3 ARE MINORS REPRESENTED BY NATURAL GUARDIAN AND APPELLANT NO.1 I.E., NAGARAJ K., ALL ARE RESIDING AT BHAKTHARAHALLI, NADAVATHI POST, HOSAKOTE, BENGALURU - 560067 …APPELLANTS (BY SRI. H.R. SATHYAPAL HEGDE, ADVOCATE) AND: 1. ASHOK LEYLAND LIMITED, BY ITS MANAGER, NEW CORPORATE OFFICE NO 01, SARDAR PATEL ROAD, GUINDY, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35694 MFA No. 4555 of 2024 CHENANI TAMILNADU. 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO 141, 3RD MAIN, SRI SHANTHI TOWERS, 5TH FLOOR, EAST TO NGEF LAYOUT KASTURINAGAR, BENGALURU - 560 043. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; R1-SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2023 PASSED IN MVC NO.3357/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSE JUDGE AND XXIV ACMM, MAYO HALL UNIT, BENGALURU SCCH-20, 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:35694 MFA No. 4555 of 2024 ORAL JUDGMENT At request of Sri.Sathyapal Hegde, who represents Sri.Gurudev Prasad.K.T learned counsel on record for the appellants, as well as Sri.Mallikarjun Reddy.N.A, who represents Sri.B.Pradeep learned counsel on record for respondent No.2, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Bangalore in MVC No.3357/2022 dated 31.10.2023. This is a claimants' appeal. 3. Appellant No.1 being the husband and appellant Nos.2 and 3 being the minor children of the deceased Aruna, who died in a road traffic accident that occurred in the year 2022, filed a petition claiming compensation of ₹50,00,000/- in total. The Tribunal through the impugned order awarded a sum of ₹19,41,936/- as compensation. Projecting that the sum thus granted is grossly low, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC:35694 MFA No. 4555 of 2024 4. Arguing on merits of the matter, learned counsel for the appellants submits that the appellants are only aggrieved by the income assessed by the Tribunal in respect of deceased Aruna. Learned counsel states that the deceased Aruna was earning ₹25,000/- per month as a tailor besides attending household duties. However, the Tribunal took the national income as ₹10,000/- per month. Learned counsel submits that the accident occurred in the year 2022 and for the relevant period, the Karnataka State Legal Services Authority is taking the notional income as ₹15,500/- per month for settlement of claims and atleast said figure should have been adopted by the Tribunal. 5. Sri.Mallikarjun Reddy.N.A who represents respondent No.2, though states that the compensation granted by the Tribunal is valid in all aspects, however, did not raise any serious objection, for taking the notional income as ₹15,500/- per month as sought by learned counsel for the appellants. Also, this Court is of the view that the notional income as sought for is required to be taken as ₹15,500/- per month. - 5 - HC-KAR NC: 2025:KHC:35694 MFA No. 4555 of 2024 6. Thus taking the notional income as ₹15,500/- per month and without disturbing the other parameters that is adding 40% towards future prospects, deducting 1/3rd of the earnings, which the deceased Aruna would have incurred for herself had she been alive and applying appropriate multiplier '16', the compensation which the appellants are entitled to under the head of 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 40% towards future prospects 2,60,400-00 On deducting 1/3rd towards personal and living expenses 1,73,600-00 Loss of dependency, on applying appropriate multiplier '16' 27,77,600-00 7. Thus the appellants are entitled to a sum of ₹27,77,600/- towards loss of dependency. However, the Tribunal awarded a sum of ₹17,91,936/- only. Thus, the sum which the appellants are entitled to in addition to the sum that is awarded by the Tribunal under the head 'loss of dependency' is ₹9,85,664/- (₹27,77,600/- - ₹17,91,936/-). Therefore the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC:35694 MFA No. 4555 of 2024 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bangalore through orders in MVC No.3357/2022 dated 31.10.2023 is enhanced by ₹9,85,664/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 151 days as per orders in I.A.No.1/2024. (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. (vi) On deposit, the first appellant is permitted to withdraw his share. (vii) The amount that falls to the share of appellant Nos.2 and 3 shall be kept in fixed deposit in any Nationalised Bank till they attain the age of majority. - 7 - HC-KAR NC: 2025:KHC:35694 MFA No. 4555 of 2024 (viii) On their attaining the age of majority, they are entitled to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 31