- 1 - HC-KAR NC: 2026:KHC:26202 MFA No. 799 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. 799 OF 2022 (MV-D) BETWEEN: 1. SUJATHA AGED 48 YEARS W/O KRISHNAIAH HOUSEHOLD 2. KRISHNAIAH AGED 51 YEARS S/O GENDAIAH 3. ASHWINI AGED 29 YEARS D/O KRISHNAIAH ALL ARE RESIDENT OF KALLAHALLI VILLAGE HALLIMYSORE HOBLI HOELANARASIPURA TALUK HASSAN DISTRICT - 573 211. …APPELLANTS (BY SRI.GURUPRASAD, ADVOCATE FOR SRI. S.V.PRAKASH, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26202 MFA No. 799 of 2022 AND: 1. EREGOWDA AGE MAJOR S/O KIKKERIGOWDA RANGENAHALLI VILLAGE HALLIMYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT - 573 211. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO., LTD., N.R. CIRCLE HOLENARASIPURA ROAD HASSAN - 573 211. …RESPONDENTS (BY SRI.H.S.LINGARAJU, ADVOCATE FOR R-2; R-1 SERVED AND UNREPRESENTED) THIS MFA FILED IS U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.08.2018 PASSED IN MVC NO.1570/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLENARASIPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26202 MFA No. 799 of 2022 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 25.07.2015 deceased-Ashwath s/o appellant Nos.1 and 2 and brother of appellant No.3, aged about 22 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 Ashwath. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 7,56,000 - 4 - HC-KAR NC: 2026:KHC:26202 MFA No. 799 of 2022 2. Loss of love and affection 20,000 3. Loss of estate 15,000 4. Towards funeral, obsequies expenses 15,000 5. Towards transportation of dead body 6,000 Total 8,12,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.7,000/-. 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 2015, would be Rs.9,000/-. 6. Since the deceased was aged 22 years and was bachelor, 50% of his salary is to be deducted towards his personal expenses. 7. If 50% is deducted towards personal expenses, his monthly income would be Rs.4,500/- (9,000 - 50%). As the deceased was aged 22 years, a multiplier of '18' would have to - 5 - HC-KAR NC: 2026:KHC:26202 MFA No. 799 of 2022 be applied. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.4,500/-. 8. Consequently, the claimants would be entitled to a sum of Rs.9,72,000/- (4,500 x 12 x 18) towards “loss of dependency”. 9. The claimants being the parents and sister of the deceased, they would each be entitled to a sum of Rs.48,000/- towards “loss of consortium” i.e., in all Rs.1,44,000/- ( 48,000 x 3) and they would also be entitled to a sum of Rs.36,000/- under the “conventional heads”. 10. 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 9,72,000 2. Loss of Consortium 1,44,000 3. Conventional Heads 36,000 Total 11,52,000 - 6 - HC-KAR NC: 2026:KHC:26202 MFA No. 799 of 2022 11. Thus, the claimants would be entitled for compensation of Rs.11,52,000/- as against Rs.8,12,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. 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. 13. 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.: 26