- 1 - HC-KAR NC: 2026:KHC:26255 MFA No. 5360 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.5360 OF 2022(MV-D) BETWEEN: 1. GIRIJA VEERAPPA MADIVALAR AGED ABOUT 50 YEARS W/O VEERAPPA MADIVALA 2. VEERAPPA HANUMAPPA MADIVALAR AGED ABOUT 56 YEARS S/O HANUMAPPA 3. ARUN VEERAPPA MADIVALAR AGED ABOUT 22 YEARS S/O VEERAPPA 4. UMESH VEERAPPA MADIVALAR AGED ABOUT 20 YEARS S/O VEERAPPA MADIVALAR ALL ARE R/O CHIKKAHANDIGOL GADAG TALUK AND DISTRICT-576 201 …APPELLANTS (BY SRI. PAVANA CHANDRA SHETTY .H, ADVOCATE) AND: 1. SAFREENA BANU AGED ABOUT 37 YEARS W/O FAHEEM AHAMMED R/O H.NO.2B-65, E-3 INDIRA NAGARA, 3RD CROSS KUKKIKATTE, UDUPI-576 101 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26255 MFA No. 5360 of 2022 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD MARUTHI VITHIKA OPP. SHRINIDHI MEDICAL NEAR CHITTARANJAN CIRCLE UDUPI DISTRICT-576 101 …RESPONDENTS (BY SRI. SACHIN B.S, ADVOCATE FOR R1, SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2022 PASSED IN MVC NO.515/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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 24.04.2020, Sri Kiran, a 27 year old died. 3. It is not in dispute that the Insurer is liable to pay the compensation and recover the same from the owner of the offending vehicle. - 3 - HC-KAR NC: 2026:KHC:26255 MFA No. 5360 of 2022 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 Kiran. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 17,13,600/- 2. Loss of Consortium 1,60,000/- 3. Funeral expenses 15,000/- 4. Conveyance 15,000/- Total 19,03,600/- 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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 2020, would be Rs.14,500/-. 6. Since the deceased was aged 27 years and was self-employed, 40% requires to be added to the monthly - 4 - HC-KAR NC: 2026:KHC:26255 MFA No. 5360 of 2022 income towards future prospects, which would result in the income to be Rs.20,300/-. 7. If 1/2 is deducted towards personal expenses, his monthly income would be Rs.10,150/- (20,300 - 1/2). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.10,150/-. 8. As the deceased was aged 27 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.20,70,600/- (10,150 x 12 x 17) towards “loss of dependency”. 10. The claimants being the parents and brothers of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- (48,400 x 4) 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: - 5 - HC-KAR NC: 2026:KHC:26255 MFA No. 5360 of 2022 Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 20,70,600 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300/- Total 23,00,500/- 12. Thus, the claimants would be entitled for compensation of Rs.23,00,500/- as against Rs.19,03,600/- 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 HKV/List No.: 1 Sl No.: 61