- 1 - HC-KAR NC: 2026:KHC:26340 MFA No. 3392 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3392 OF 2021(MV-D) BETWEEN: 1. ANITHA W/O. LATE MURALI, AGED ABOUT 35 YEARS, 2. M. SHASHIKIRAN S/O. LATE MURALI, AGED ABOUT 14 YEARS, 3. M. HARSHITHA D/O. LATE MURALI, AGED ABOUT 12 YEARS, 4. M. ROHITHA D/O. LATE MURALI, AGED ABOUT 12 YEARS, 5. UMAMAHESHWARI D/O. LATE MURALI, AGED ABOUT 11 YEARS, ALL APPELLANTS ARE RESIDING AT NO.92/2, 4TH CROSS, DWARAKA NAGAR, HOSAKEREHALLI, BANGALORE SOUTH, BANGALORE-577 520. A3 TO A5 REP.BY A1 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26340 MFA No. 3392 of 2021 6. SAROJA. V W/O. VENKATARAMA, AGED ABOUT 58 YEARS, #1100, FISH LINE OORGUMPET, BANGARPET, KOLAR, KARNATAKA-563 121. …APPELLANTS (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. RAMESH K.N S/O. NAGARAJ, #19, 5TH CROSS, 10TH MAIN, GEF POST, HAVALAHALLI, MYSORE ROAD, BANGALORE-560 026. 2. UNITED INDIA GEN INS CO. LTD., D.O.1 NO.21/1, JELITA TOWERS, BANGALORE-560 027, [INSURER OF A VEHICLE BEARING NO.TN 32 3006] 3. MOHAMMED ARIF PASHA S/O. GULAM HUSSAIN, #428, 23RD CROSS, 4TH MAIN, MALASANDRA, WARD NO.13, RAVINDRA NAGAR, T.D. HALLI, BANGALORE-560 057. …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2, NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.12.2019 PASSED IN MVC NO. 7231/2017 ON THE FILE OF THE MEMBER, MACT, VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU - 3 - HC-KAR NC: 2026:KHC:26340 MFA No. 3392 of 2021 CITY (SCCH-4), 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 RAJESH RAI K ORAL JUDGMENT 1. The appeal is filed seeking for enhancement of compensation. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 30.09.2017, Murali, a 38 year old died. 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. 4. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Murali. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR NC: 2026:KHC:26340 MFA No. 3392 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 18,90,000/- 2. Loss of Consortium 2,40,000/- 3. Transportation and Funeral expenses 15,000/- 4. Loss of estate 15,000/- Total 21,60,000/- 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 6. Since the deceased was aged 38 years and was self-employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.15,400/-. 7. If 1/5th is deducted towards personal expenses, his monthly income would be Rs.12,320/- (15,400 - 1/5th). The - 5 - HC-KAR NC: 2026:KHC:26340 MFA No. 3392 of 2021 income of the deceased for the purposes of determining the loss of dependency would thus be Rs.12,320/-. 8. As the deceased was aged 38 years, a multiplier of '15' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.22,17,600/- (12,320 x 12 x 15) towards “loss of dependency”. 10. The claimants being the wife and children of the deceased, they would each be entitled to a sum of Rs.48,000/- towards “loss of consortium” i.e., in all Rs.2,40,000/- ( 48,000 x 5) and they would also be entitled to a sum of Rs.36,000/- under the “conventional heads”. 11. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 22,17,600 2. Loss of Consortium 2,40,000 - 6 - HC-KAR NC: 2026:KHC:26340 MFA No. 3392 of 2021 3. Conventional Heads 36,000/- Total 24,93,000/- 12. Thus, the claimants would be entitled for compensation of Rs.24,93,000/- as against Rs.21,60,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. 14. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR/PKS List No.: 1 Sl No.: 42