- 1 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 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.6604 OF 2019(MV-D) BETWEEN: 1. SMT. M. JAYANTHI, W/O LATE SUBRAMANYAM.M, AGED ABOUT 47 YEARS, 2. DILIP S, S/O LATE SUBRAMANYAM.M, AGED ABOUT 22 YEARS, 3. VIVEK S, W/O LATE SUBRAMANYAM M, AGED ABOUT 20 YEARS, ALL ARE R/AT NO.95, 4TH CROSS, NAGAPPA BLOCK, SRIRAMPURAM, BANGALORE - 21. …APPELLANTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. DANISH NEHAL M HAVALDAR, S/O MEHABUB HAVALDAR, R/A NO.2443, 17TH MAIN, KUMARASWAMY LAYOUT, BANGALORE - 78. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 of 2019 2. THE NEW INDIA ASSURANCE CO., LTD., T P HUB, II FLOOR, MAHALASKHMI CHAMBERS, M.G. ROAD, BENGALURU - 560001. …RESPONDENTS (BY SRI K.S.LAKSHMINARASAPPA, ADVOCATE FOR SRI A.M.VENKATESH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 28.04.2026) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2019 PASSED IN MVC NO.4634/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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 by the appellants/claimants challenging the judgment and award dated 29.4.2019 passed in MVC No.4634/2018 by the I Additional Small Causes Judge and MACT, Bangalore, (SCCH 11) (for short 'the Tribunal'). 2. Heard Sri Shripad V. Shastri, learned counsel appearing for appellants and Sri K.S. Lakshminarasappa, - 3 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 of 2019 learned counsel appearing on behalf of Sri A.M. Venkatesh, learned counsel appearing for respondent No.2. 3. One Sri Subramanyam M, met with a road accident on 18.7.2018, sustained grievous injuries and he succumbed to those injuries. It is averred that deceased was working as a Gardner at CPRI, New BEL Road, Bengaluru, and also working as a Cleaner in Ayyappaswamy Temple. It is also averred that he used to earn more than `15,000/- to `16,000/- per month from both the employments. The Tribunal considering the oral and documentary evidence assessed the income at `11,615/- per month and awarded the compensation. 4. The material on record indicates that claimants have adduced oral as well as documentary evidence. PW2, employer of the deceased clearly deposed and produced Exhibits P15 to P19. These are the documentary evidence indicating the salary slip, ID card, appointment letter and - 4 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 of 2019 pass book. In addition to the aforesaid documents, the appellants have also made an assertion that after the duty hours in CPRI, deceased used to work as a Cleaner in Ayyappaswamy Temple and he used to earn a sum of `4,500/-. Considering the aforesaid evidence of the claimants as well as the employer of the deceased and the documentary evidence, I am of the considered view that ends of justice would be met if the income of the deceased is assessed at `13,000/- per month. Deceased was aged about 49 years. Hence, there would be an addition of 25% of the assessed income towards 'future prospects'. The appropriate multiplier would be '13'. Deduction towards personal and living expenses would be 1/3rd. 5. It is needless to observe that appellants/claimants are the wife and children/dependants of the deceased would be entitled consortium of `44,000/- each which include 10% escalation. - 5 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 of 2019 6. The appellants/ 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 `33,000/- which includes 10% escalation under both heads. 7. The Tribunal taking note of the bills placed before it has awarded `1,13,080/- towards medical expenses and the same is maintained. 8. For the aforementioned reasons, the compensation is reassessed as under: Heads Amount in rupees Loss of dependency (`13000 + 25% (3,250/-)x 12 x 13 - 1/3rd) 16,90,000/- Loss of consortium (`44,000 x3) 1,32,000/- Loss of estate 16,500/- Funeral expenses 16,500/- Medical expenses 1,13,080/- TOTAL 19,68,080/- - 6 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 of 2019 8. Thus, the appellants/claimants shall be entitled to a total compensation of `19 `19 `19 `19,68,080/- as against `16,93,004/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 29.04.2019 passed by the Tribunal in MVC No.4634/2018 is modified to an extent that the appellants/claimants would be entitled to total compensation of `19,68,080/- as against `16,93,004/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) Respondent No.2-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within - 7 - HC-KAR NC: 2026:KHC:23614 MFA No. 6604 of 2019 a period of six weeks from the date of receipt of the certified copy of this judgment. e) The apportionment, disbursal and release of the compensation would be as per the order of the Tribunal. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE tsn* List No.: 1 Sl No.: 1