- 1 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4338 OF 2021 (MV-D) BETWEEN: 1. SMT. ANUSUYAMMA W/O LATE GANGA REDDY @ KANISETTI GANGI REDDY AGED ABOUT 45 YEARS, 2. SMT. SUNANDA D/O LATE GANGA REDDY @ KANISETTI GANGI REDDY AGED ABOUT 25 YEARS, BOTH R/AT NO.176 CLASSIC ORCHARDS BEHIND MEENAKSHI TEMPLE BANNERGHATTA ROAD, BENGALURU - 560 076. 3. SMT. K. GAYATHRI W/O LATE GANGA REDDY @ KANISETTI GANGI REDDY AGED ABOUT 40 YEARS, 4. MASTER K. VINOD KUMAR REDDY S/O LATE GANGA REDDY @ KANISETTI GANGI REDDY AGED ABOUT 14 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 (SINCE APPELLANT NO.4 IS MINOR HE IS REP. BY HIS MOTHER SMT. K. GAYATHRI). BOTH APPELLANT NO.3 AND 4 ARE R/AT NO.2-46, NALLABOMMANAPALLI TEKULODU, ANANTHAPURA ANDRAPRADESH - 515 341. 5. SMT. KANISHETTY LAKSHMI DEVAMMA @ LAKSHMIDEVAMMA K AGED ABOUT 70 YEARS RESIDING AT NALLABOMMANAPALLI CHILAMATHUR, ANANTHAPURA - 515 341. …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. IFFCO TOKYO GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.8, III MAIN, SHANTHI TOWERS, EAST TO NGF LAYOUT, KASTURINAGAR, BENGALURU - 560 043. 2. SRI. CHANDRAPPA P S/O PILLAPPA V.A, NIGARHALLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 203. - 3 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 3. SRI. MUNIYAPPA S/O DODDASIDDAPPA R/AT SHANUBOGANAHALLI BENGALURU NORTH BENGALURU - 562 163. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R1; NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 23.03.2021 PASSED IN MVC NO.8042/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-5). 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 14.12.2019, Sri.Ganga Reddy @ Kanisetty Gangi Reddy a 48 years old died. - 4 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 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.Ganga Reddy @ Kanisetty Gangi Reddy. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 16,09,000 2. Loss of Consortium 80,000 3. Loss of Filial Consortium 1,20,000 4. Loss of estate 15,000 5. Funeral expenses 15,000 Total 18,39,000/- 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 - 5 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2019, would be Rs.14,000/-. 6. Since the deceased was aged 48 years and was self-employed, 25% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.17,500/-. 7. If 1/4th is deducted towards personal expenses, his monthly income would be Rs.13,125/- (17,500 - 1/4th). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.13,125/-. 8. As the deceased was aged 48 years, a multiplier of '13' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.20,47,500/- (13,125/- x 12 x 13) towards “loss of dependency”. 10. The claimants being the wife and children and mother of the deceased, they would each be entitled to a sum of Rs.48,000/- towards “loss of consortium” i.e., in all - 6 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 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 20,47,500 2. Loss of Consortium 2,40,000 3. Conventional Heads 36,000/- Total 23,23,500/- 12. Thus, the claimants would be entitled for compensation of Rs.23,23,000/- as against Rs.18,39,000/- 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. - 7 - HC-KAR NC: 2026:KHC:26089 MFA No. 4338 of 2021 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 GPG List No.: 1 Sl No.: 27