- 1 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 1500 OF 2020 (MV-D) BETWEEN: 1. SMT SUJATHA, W/O. LATE. JAGADEESH @ JAGADEESH BABU, AGED ABOUT 32 YEARS, R/AT NO. 231, 4TH BLOCK, MARUTHINAGARA, ULLALA, BANGALORE - 560 110. 2. PAVAN GOWDA, S/O. LATE. JAGADEESH @ JAGADEESH BABU, AGED ABOUT 8 YEARS, R/AT NO. 231, 4TH BLOCK, MARUTHINAGARA, ULLALA, BANGALORE - 560 110. 3. LISHA, D/O. LATE. JAGADEESH @ JAGADEESH BABU, AGED ABOUT 6 YEARS, R/AT NO. 231, 4TH BLOCK, MARUTHINAGARA, ULLALA, BANGALORE - 560 110. (SINCE 2ND AND 3RD APPELLANTS ARE MINORS REP BY THEIR MOTHER AND NATURAL GUARDIAN 1ST APPELLANT) 4. SRI. BASAVARAJU, S/O. LATE. PUTTASIDDEGOWDA, AGED ABOUT 66 YEARS, 5. PREMA PUTTASIDDEGOWDA, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 AGED ABOUT 58 YEARS, R/AT NO. 09, 6TH MAIN ROAD, 7TH CROSS, JNANAJYYOTHINAGAR, BANGALORE - 560 056. …APPELLANTS (BY SMT.NITYA.V, ADVOCATE FOR; SRI. PRAKASH M H, ADVOCATE) AND: 1. UNITED INDIA INS CO. LTD, NO. 460/20, 1ST FLOOR, 8TH-B-MAIN ROAD, (NEXT TO JAIN TEMPLE), 4TH BLOCK, JAYANAGAR, BENGALURU - 560 001. REP BY ITS MANAGER. 2. SRI. VIJAYAKUMAR C K, S/O. KAPANIGOWDA, MAJOR, R./AT NO. 21, CHIKKABETTAHALLI VILLAGE, KANAKAPURA TALUK, RAMANAGARA DIST - 562 117. …RESPONDENTS (BY SRI.G.S.MARULAIAH, ADVOCATE FOR R1; R2-NOTICE IS DISPENSED WITH V/O/D:20.07.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2019 PASSED IN MVC NO.1653/2018 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 20.08.2019 passed in MVC.No.1653/2018, by the Court of Small Causes and MACT, Bengaluru (hereinafter referred to as 'Tribunal') for enhancing the compensation. 2. Heard the arguments of the learned counsel Smt.Nitya V for learned counsel Sri.Prakash M.H appearing for the appellants and learned counsel Sri.G.S.Marulaiah appearing for respondent No.1. Notice to respondent No.2 is dispensed with vide order dated 20.07.2023. 3. Learned counsel appearing for the appellants submits that the appeal is filed solely on the ground that the assessment of income by the Tribunal is on the lower side. The income is required to be assessed at Rs.30,000/- per month. Hence, he seeks to allow the appeal by - 4 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 enhancing the compensation by considering the income of the deceased at Rs.30,000/- per month. Learned counsel appearing for the respondent No.1/Insurancy Company supports the impugned judgment and award of the Tribunal and submits that the claimants have made the assertion that the deceased was earning Rs.30,000/- per month in the claim petition. However, no evidence has been produced before the Tribunal. Hence, assessment of income of the deceased by the Tribunal is just and proper, which does not call for any enhancement. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments of learned counsel appearing for the appellants and learned counsel appearing for respondent No.1/Insurance Company and meticulously perused the material available on record. 5. The material on record indicates that the wife, children and the parents of the deceased filed a claim petition seeking for compensation of Rs.40,00,000/- for - 5 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 the death of Sri.Jagadeesh babu. The Tribunal considering the material on record assessed the income of the deceased at Rs.8,000/- per month and awarded total compensation of Rs.17,67,000/- along with interest at the rate of 8%. 6. The assertion of the appellant is that the deceased Sri.Jagadeesh Babu at the time of accident was aged about 37 years, working in Maruthi Bale Mandi and was an agriculturist earning Rs.30,000/- per month. However, the claimants have failed to produce any cogent and legally acceptable evidence before the Tribunal regarding his income. 7. In the absence of any acceptable evidence, I am of the considered view that the income of the deceased/Sri.Jagdeesh babu is required to be assessed notionally placing reliance on the notion income chart prepared by Karnataka State Legal Services Authority and accordingly, his income is reassessed at Rs.12,500/- per - 6 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 month for the purpose of compensation. Insofar as award of compensation under the conventional heads and consortium is concerned, the same is just and proper, which does not call for any modification. The Tribunal has erred in not awarding the compensation under the head of 'loss of estate'. Hence, the appellants are entitled of Rs.15,000/- for loss of estate. Hence, the compensation is computed by reassessing the evidence on record as under: 8. Hence, the compensation is enhanced from Rs.17,67,000/- to Rs.25,92,500/-. 9. In view of the aforesaid reasons, I pass the following:- Particulars Amount in Rs. Loss of dependancy (12,500+40%x12x15-1/4) 23,62,500.00 Loss of Consortium (40,000x5) 2,00,000.00 Conventional Heads 15,000.00 Loss of estate 15,000.00 Total 25,92,500.00 - 7 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 ORDER i. The Appeal is partly allowed. ii. The judgment and award dated 20.08.2019 passed in MVC No.1653/2018 by the Court of Small Causes and MACT, Bengaluru, is modified; iii. The claimants are entitled to a sum of Rs.25,92,500/- as against Rs.17,67,000/- along with an interest at 6% per annum from the date of petition till the date of realization; iv. The rest of the order of the Tribunal with respect to apportionment, deposits and release shall remain unaltered. v. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 8 - HC-KAR NC: 2026:KHC:12675 MFA No. 1500 of 2020 vi. Draw award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KVR List No.: 1 Sl No.: 35