- 1 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6088 OF 2019(MV-D) BETWEEN: 1. DASEGOWDA, AGED ABOUT 55 YEARS, S/O PUTTASWAMYGOWDA, 2. SMT. NAGAMMA, AGED ABOUT 50 YEARS, W/O DASEGOWDA, 3. JAYASHANKAR, AGED ABOUT 25 YEARS, S/O DASEGOWDA, ALL ARE RESIDENTS OF CHANNEGOWDANAHUNDI VILLAGE, KASABA HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT. …APPELLANTS (BY SRI. RITHISH D NAIK, ADVCOATE FOR SRI.VIVEKANANDA T.P., ADVOCATE) AND: 1. B. N. VISHWANATH, MAJOR, S/O B.N.SOMAIAH, R/AT SHASTRINAGAR, KANTHURU VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 MURNAD POST, MADIKERI TALUK, KODAGU DISTRICT. 2. M/S. RAYAL SUNDARAM ALIDE INSURANCE CO., MYSURU BRANCH, NO. 23, SHIKHA TOWERS, RAMA VILAS ROAD, MYSURU. REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.CHARANKUMAR K.V., ADVOCATE FOR R1; SRI.RAVI S SAMPRATHI, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2019, PASSED IN MVC NO.46/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND MACT, H.D.KOTE, 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is filed by the claimants challenging the judgment and award dated 07.02.2019 passed in MVC - 3 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 No.46/2016 by Senior Civil Judge and JMFC and MACT, H.D. Kote, (for short 'the Tribunal'). 2. Heard Sri Rithish D. Naik, learned counsel appearing on behalf of Sri T. P. Vivekananda, learned counsel appearing for the appellants and Sri Ravi S. Samprathi, learned counsel appearing for respondent No.2. 3. The appellants are the parents and sibling of the deceased Girish. The material on record indicate that deceased Girish met with a road accident on 12.03.2015, sustained grievous injuries and succumbed to those injuries in the hospital on 15.03.2015. 4. Claim petition is filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short) seeking compensation for the death of deceased Girish due to the actionable negligence on the part of the driver of the vehicle involved in the accident and sought compensation from respondent No.2- Insurance Company. - 4 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 5. The Tribunal adjudicated the claim and after considering the evidence of PW1 and Exhibit P1 to P5, awarded total compensation ₹7,78,000/- with interest at the rate of 6% p.a. 6. The material on record indicates that the deceased Girish was aged about 20 years at the time of accident and pursuing education and also doing part time job in a provisional store. It is contended in the claim petition that he used to earn ₹6,000/- per month. However, in the application filed for amendment of the claim petition which is allowed by this Court today has asserted that he used to earn ₹10,000/-. It is to be noticed that insofar as the income of the deceased is concerned, though they have claimed that the deceased used to earn ₹6,000/- per month, in the application for amendment, it is claimed that he was earning ₹10,000/- per month. What is required to be seen by a Court is, in the cases where the income is not proved by the claimants, this Court normally places - 5 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 reliance on the Notional Income Chart prepared by the Karnataka State Legal Services Authority and as per the said Chart, the notional income for the year 2015 is ₹9,000/- per month. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court in the case of Nagappa Vs. Gurudayal Singh and others (supra) at paragraph 7, 13 and 21, the Hon'ble Supreme Court has held that "in appropriate cases, the application seeking amendment of the claim petition can be allowed and the object should be to ensure that just compensation is paid to the claimants". 7. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court and in peculiar facts and circumstances of the case, I am of the considered view that interest of justice would be met if this Court assess the income of the deceased at ₹9,000/- per month. 8. Having reassessed the income at ₹9,000/- and considering the age of the deceased as 20 years, the - 6 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 claimants would be entitled to an addition of 40% of the assessed income under the head ' loss of future prospects' and appropriate multiplier would be '18'. Admittedly, the deceased was a bachelor. Hence, deduction towards the personal and living expenses would be 50%. For the aforementioned reasons, 'loss of dependency' is reassessed as under: (`9,000 + 40% x 12 x 18 - 50%=`13,60,800/-) 9. The claimants are the parents and sibling of the deceased Girish and each one would be entitled to a consortium at the rate of `44,000/- which includes 10% escalation i.e.,(`44,000/- x 3 =`1,32,000/-). 10. The claimants also would be entitled for compensation under the head of 'loss of estate' and 'transportation of dead body and funeral expenses' which would be `16,500/- each which includes 10% escalation. The compensation would carry interest at the rate of 6% p.a. - 7 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 11. Hence, the compensation is re-assessed as under; Heads Amount in rupees Loss of dependency (`9000 + 40% (3,600/0)x 12 x 18 - 50%) 13,60,800/- Loss of consortium (`44,000 x3) 1,32,000/- Loss of estate 16,500/- Funeral expenses 16,500/- TOTAL 15,25,800/- 12. Thus, the appellants/claimants shall be entitled to a total compensation of `15 `15 `15 `15,25,800/- as against ` 7,78,000/- awarded by the Tribunal. 13. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 07.02.2019 passed by the Tribunal in M.V.C.No.46/2016 is modified to an extent that the appellants-claimants would be entitled to - 8 - HC-KAR NC: 2026:KHC:23612 MFA No. 6088 of 2019 total compensation of ` 15 ` 15 ` 15 ` 15,25,800/- as against ` 7 7 7 7,78,000/- awarded by the Tribunal. (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. (iv) Respondent No.2-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. (v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. (vi) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE tsn* List No.: 1 Sl No.: 2