- 1 - HC-KAR NC: 2026:KHC:26088 MFA No. 4517 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. 4517 OF 2021 (MV-D) BETWEEN: 1. KSHAMA S. ACHARYA D/O LATE SHANKARA G.ACHARYA AGED ABOUT 18 YEARS, R/AT JAYAPURA, JAYAPURA POST KOPPA TALUK - 577 123 CHIKKAMAGALURU DISTRICT. 2. SHAMANTH S. ACHARYA S/O LATE SHANKARA G. ACHARYA AGED ABOUT 6 YEARS, R/AT JAYAPURA JAYAPURA POST KOPPA TALUK - 577 123, CHIKKAMAGALURU DISTRICT, REP. BY GRANDMOTHER VASANTHAMMA G. ACHARYA AGED ABOUT 67 YEARS, R/O JAYAPURA POST KOPPA TALUK - 577 123 CHIKKAMAGALURU DISTRICT. 3. YASHODHA W/O LATE SHYAMARAYA ACHARYA AGED ABOUT 65 YEARS, R/AT "YASHODHA NIVAS", SUNKAMAR, BOLA POST Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26088 MFA No. 4517 of 2021 KARKALA TALUK UDUPI DISTRICT - 577 123. 4. VASANTHAMMA G. ACHARYA W/O LATE GOPALA ACHARYA AGED ABOUT 67 YEARS, R/O JAYAPURA POST KOPPA TALUK - 577 123 CHIKKAMAGALURU DISTRICT. …APPELLANTS (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. SATISH POOJARY S/O KRISHNA POOJARY AGED ABOUT 37 YEARS, R/AT H.NO.3-34 ABHANADKA HOUSE KENDINJE, KARKALA TALUK UDUPI DISTRICT - 576 101. 2. THE DIVISIONAL MANAGER UNITED INDIA INS. CO. LTD., DIVISIONAL OFFICE, JEWEL PLAZA, MARUTHI VITHIKA OPP. SHRINIDHI MEDICAL NEAR CHITTARANJAN CIRCLE UDUPI - 576 101. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2021 PASSED IN MVC - 3 - HC-KAR NC: 2026:KHC:26088 MFA No. 4517 of 2021 NO.316/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI. THIS APPEAL, COMING ON FOR ADMISSION, 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 26.11.2018, Manjula S. Acharya, a 40 years 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 Manjula S. Acharya. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR NC: 2026:KHC:26088 MFA No. 4517 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 15,00,000 2. Loss of Consortium 1,20,000 3. Transportation and Funeral expenses 15,000/- 4. Loss of estate 15,000/- Total 16,50,000/- 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 2018, would be Rs.12,500/-. 6. Since the deceased was aged 40 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.15,625/-. 7. If 1/3rd is deducted towards personal expenses, her monthly income would be Rs.10,417/- (15,625 - 1/3rd). The - 5 - HC-KAR NC: 2026:KHC:26088 MFA No. 4517 of 2021 income of the deceased for the purposes of determining the loss of dependency would thus be Rs.10,417/-. 8. As the deceased was aged 40 years, a multiplier of '15' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.18,75,060/- (10,417 x 12 x 15) towards “loss of dependency”. 10. The claimants being the minor children and parents of the deceased, they would each be entitled to a sum of Rs.48,000/- towards “loss of consortium” i.e., in all Rs.1,92,000/- ( 48,000 x 4) 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 18,75,060 2. Loss of Consortium 1,92,000 - 6 - HC-KAR NC: 2026:KHC:26088 MFA No. 4517 of 2021 3. Conventional Heads 36,000 Total 21,03,060 12. Thus, the claimants would be entitled for compensation of Rs.21,03,060/- as against Rs.16,50,000/- 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. 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.: 30