- 1 - HC-KAR NC: 2026:KHC:26873 MFA No. 671 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 671 OF 2022 (MV-D) BETWEEN: THE DIVISIONAL MANAGER THE NATIONAL INSURANCE COMPANY LIMITED RAMASWAMY CIRCLE MYSURU NOW REP. BY ITS REGIONAL OFFICE NO.144 SHUBHARAM COMPLEX M.G. ROAD -560 001 REP. BY AUTHORIZED SIGNATORY …APPELLANT (BY SRI. A.M VENKATESH, ADVOCATE) AND: 1. SMT. S.V SHEELAMANI AGED ABOUT 48 YEARS, 2. SRI. R.D RAGHURAM S/O LATE DEVARASEGOWDA AGED ABOUT 55 YEARS 3. DHANYASHREE R D/O R.D RAGHURAM AGED ABOUT 20 YEARS, ALL ARE R/AT RAMPURA VILLAGE SALIGRAMA HOBLI Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26873 MFA No. 671 of 2022 K.R NAGAR TALUK MYSURU DISTRICT-571604 4. SRI VASANTHAKUMARA B.K S/O KARIGOWDA AGED ABOUT 26 YEARS, R/AT BEECHANAKOPPALU VILLAGE K.R NAGAR TALUK MYSURU DISTRICT-571 602 (DRIVER AND OWNER OF HERO HONDA MOTORCYCLE NO.KA-45/W-0260) …RESPONDENTS (BY SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R1 TO R3, R4 - VASANTHAKUMARA B.K IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2020 PASSED IN MVC NO. 690/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, M.A.C.T., K.R. NAGARA, AWARDING COMPENSATION OF RS. 23,62,499/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2026:KHC:26873 MFA No. 671 of 2022 ORAL JUDGMENT 1. The insurer is in appeal challenging the award of compensation for the death of one Dhanush R. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 06.09.2016, Dhanush R., a 19 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 Dhanush. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 22,17,499 2. Loss of love and affection 30,000 3. Loss of filial consortium 80,000 4. Loss of Estate 15,000 - 4 - HC-KAR NC: 2026:KHC:26873 MFA No. 671 of 2022 5. Funeral expenses 15,000 6. Conveyance charges 5,000 Total 23,62,499 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.11,000/-. 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 2016, would be Rs.9,500/-. 6. Since the deceased was aged 19 years, 40% requires to be added towards future prospects, which would result in the income to be Rs.13,300/-. 7. Since the deceased is a bachelor, if 1/2 is deducted towards personal expenses, his monthly income would be Rs.6,650/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.6,650/-. 8. As the deceased was aged 19 years, a multiplier of '18' would have to be applied. - 5 - HC-KAR NC: 2026:KHC:26873 MFA No. 671 of 2022 9. Consequently, the claimants would be entitled to a sum of Rs.14,36,400/- towards “loss of dependency” as against Rs.22,17,499/- awarded by the Tribunal. 10. The claimants being the parents and sister, they would each be entitled to a sum of Rs.48,000/- towards “loss of consortium” i.e., in all Rs.1,44,000/- 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 14,36,400 2. Loss of Consortium 1,44,000 3. Conventional Heads 36,000 Total 16,16,400 12. Thus, the claimant would be entitled for compensation of Rs.16,16,400/- as against Rs.23,62,499/- awarded by the - 6 - HC-KAR NC: 2026:KHC:26873 MFA No. 671 of 2022 Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The amount in deposit shall be transmitted to the concerned Tribunal. 14. The Insurance Company is directed to deposit the amount of compensation awarded, if not already deposited, within a period of six weeks from the date of receipt of a certified copy of this judgment. If the Insurance Company has deposited excess amount, the same shall be refunded to the Insurance Company. 15. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The Tribunal is directed to permit the claimants to withdraw the entire amount on due identification. The appeal of the Insurer is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS/List No.: 1 Sl No.: 84