- 1 - HC-KAR NC: 2026:KHC:26551 MFA No. 5967 of 2022 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.5967 OF 2022(MV-D) BETWEEN: 1. SMT. PUSHPA. H. V. W/O LATE R RAMESH AGED ABOUT 29 YEARS 2. KUM GAGANASREE A.R D/O LATE R RAMESH AGED ABOUT 12 YEARS 3. KUMARI INDUSHREE D/O LATE R. RAMESH AGED ABOUT 10 YEARS 4. SMT. KEMPAMMA W/O RAMAKRISHNAPPA AGED ABOUT 60 YEARS 5. SRI. RAMAKRISHNAPPA S/O LATE VENKATAPPA AGED ABOUT 62 YEARS SINCE PETITIONERS NO.2 AND 3 ARE MINORS R/BY THEIR MOTHER AND NATURAL GUARDIAN IST APPELLANT HEREIN ALL ARE R/AT ARIKERE VILLAGE YALDURU POST, SRINIVASAPURA TALUK KOLAR DISTRICT …APPELLANTS (BY SRI. NANJE GOWDA T.V, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26551 MFA No. 5967 of 2022 AND: 1. SMT. HONNAMMA W/O GURUVA REDDY AGED ABOUT 44 YEARS R/A ALLALASANDRA VILLAGE GKVK POST, BENGALURU-560 065 2. HDFC ERGO GENERAL INSURANCE COMPANY LTD 1ST FLOOR, HM GENEVA HOUSE NO.14, CUNNINGHAM ROAD BENGALURU-560 052 …RESPONDENTS (BY SRI.D. VIJAYAKUMAR, ADVOCATE FOR R2, VIDE ORDER DATED 29/04/2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.10.2021 PASSED IN MVC NO.6530/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, 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 05.10.2017, Sri R. Ramesh, a 33 year old died. - 3 - HC-KAR NC: 2026:KHC:26551 MFA No. 5967 of 2022 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 Sri R. Ramesh. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 14,40,000/- 2. Loss of Consortium 40,000/- 3. Funeral expenses & Transportation charges 15,000/- 4. Loss of estate 15,000/- 5. Loss of parental consortium to petitioner Nos.2 and 3 80,000/- 6. Loss of filial consortium to petitioner Nos.4 and 5 80,000/- Total 16,70,000/- 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/- with future prospects. As there is no credible - 4 - HC-KAR NC: 2026:KHC:26551 MFA No. 5967 of 2022 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 33 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 1/4th is deducted towards personal expenses, his monthly income would be Rs.11,550/- (15,400 - 1/4th). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,550/-. 8. As the deceased was aged 33 years, a multiplier of '16' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.22,17,600/- (11,550 x 12 x 16) towards “loss of dependency”. 10. The claimants being the wife, children and the parents of the deceased, they would each be entitled to a sum - 5 - HC-KAR NC: 2026:KHC:26551 MFA No. 5967 of 2022 of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- ( 48,400 x 5) and they would also be entitled to a sum of Rs.36,300/- 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 2,42,000 3. Conventional Heads 36,300/- Total 24,95,900/- 12. Thus, the claimants would be entitled for compensation of Rs.24,95,900/- as against Rs.16,70,000/- 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. - 6 - HC-KAR NC: 2026:KHC:26551 MFA No. 5967 of 2022 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 HKV List No.: 1 Sl No.: 62