- 1 - HC-KAR NC: 2026:KHC:26611 MFA No. 3011 of 2020 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.3011 OF 2020(MV-D) BETWEEN: 1. SMT CHANDRAVATHI W/O LATE JAYARAJA AGED ABOUT 40 YEARS, 2. SMT. SUSHEELA W/O NARAYANA KHARVI AGED ABOUT 67 YEARS, 3. SRI NARAYANA KHARVI S/O MANJA KHARVI AGED ABOUT 77 YEARS, ALL ARE RESIDING AT #5-8, KODERI ROAD, NAGOOR POST, KIRIMANJESHWARA VILLAGE KUNDAPURA TALUK …APPELLANTS (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI VEERABHADRA P S/O NARAYANA KHARVI AGED ABOUT 33 YEARS, R/O CHOUKI MANE KODERI ROAD, NAGOOR POST KIRIMANJESHWARA VILLAGE KUNDAPURA TALUK Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26611 MFA No. 3011 of 2020 2. UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD., BRANCH OFFICE MANGALORE OPP: CITY HOSPITAL KADRI, MANGALORE REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R2, R1 - VEERABHADRA P IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2019 PASSED IN MVC NO. 492/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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 24.03.2018, Sri Jayaraja, 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. - 3 - HC-KAR NC: 2026:KHC:26611 MFA No. 3011 of 2020 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 Jayaraja. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 15,12,000 2. Loss of Consortium 40,000 3. Funeral expenses & Transportation charges 15,000 4. Medical expenses 3,016 5. Loss of love and affection 50,000 6. Loss of estate 15,000 Total 16,35,016 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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 - 4 - HC-KAR NC: 2026:KHC:26611 MFA No. 3011 of 2020 Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 6. Since the deceased was aged 38 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.17,500/- (12,500 + 40%). 7. If 1/3rd is deducted towards personal expenses, his monthly income would be Rs.11,667/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,667/- 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.21,00,060/- (11,667x12X15) towards “loss of dependency”. 10. The claimants being the parents and wife, they would each be entitled to a sum of Rs.48,000/- towards “loss of consortium” i.e., in all Rs.1,44,000/- (48,000 X 3) and - 5 - HC-KAR NC: 2026:KHC:26611 MFA No. 3011 of 2020 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 21,00,060 2. Loss of Consortium 1,44,000 3. Conventional Heads 36,000 4. Medical expenses 3,016 Total 22,83,076 12. Thus, the claimant would be entitled for compensation of Rs.22,83,076/- as against Rs.16,35,016/- 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:26611 MFA No. 3011 of 2020 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.: 63