- 1 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2400 OF 2023 (MV-D) BETWEEN: 1. SMT. KAMALAMMA W/O LATE RANGASWAMY AGED ABOUT 53 YEARS. 2. SMT. JAYALAKSHMI W/O LATE VENKATESH AGED ABOUT 33 YEARS. 3. PRAVEENA S/O LATE RANGASWAMY AGED ABOUT 29 YEARS. ALL ARE R/AT AMBEDKAR STREET, BADANAVALU VILLAGE, NANJANAGUDU TALUK, MYSORE DISTRICT PRESENTLY R/AT C/O MALLESH BADANAGUPPE VILLAGE, KASABA HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT PIN-571313. …APPELLANTS (BY SRI. SANATH KUMARA K M.,ADVOCATE) AND: 1. VASUDEVA MURTHY K S/O KRISHNAMURTHY H S MAJOR, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 R/AT NO.183, 2ND STAGE, GAYATHRIPURAM MYSORE PIN-570019. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO LTD J L B ROAD, CHAMUNDIPURAM, MYSURU PIN-570005. 3. SMT.NAYANA W/O SURESH B K D/O LATE RANGASWAMY AGED ABOUT 31 YEARS. R/AT AMBEDKAR STREET, BADANAVALU VILLAGE, NANJANAGUDU TALUK, MYSORE DISTRICT PRESENTLY R/AT C/O MALLESH BADANAGUPPE VILLAGE, KASABA HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT PIN-571313. …RESPONDENTS (BY SRI. K NAGARAJAIAH, ADVOCATE FOR R2, V/O DTD 17.07.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.04.2022 PASSED IN MVC NO.238/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, CHAMARAJANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT - 3 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 This appeal is by the appellants/claimants seeking enhancement of compensation awarded in the judgment and award dated 6th April, 2022 in MVC No.238/2020 by the learned Additional Senior Civil Judge and MACT, Chamarajanagar. 2. Even though the appeal is listed for admission, with the consent of both counsels, the appeal is taken up for disposal. 3. The claimants being the wife and four major children of deceased - Rangaswamy made a claim petition in respect of death of Rangaswamy in a road traffic accident taken place on 13.08.2020. The accident and liability of the respondent No.2/Insurer is not in dispute. 4. The Tribunal, after hearing the arguments and appreciating evidence on record, has awarded compensation under different heads as under: 1 Loss of dependency Rs.10,53,000/- 2 Loss of consortium Rs. 1,60,000/- - 4 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 3 Towards transportation of dead body and funeral expenses Rs. 15,000/- 4 Loss of estate Rs. 15,000/- 5 Medical Bills Rs. 7,185/- Total Rs.12,50,185/- 5. The appellants seeking enhancement of the said compensation have filed the present appeal. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2/Insurer. 7. The learned counsel for appellants would contend that the Tribunal has deducted half of the income of the deceased towards his personal expenses. Considering that, the wife is the only dependant and the other three claimants are major children of the deceased. He placing reliance on the Division Bench of this Court in the case of Smt.Lathamma alias Latha and others -vs- Sri Mohammed Saleem and another rendered in MFA No.118/2018 disposed of on 26.03.2021 would contend that the claimants No.2 to 4 have to be considered as dependants on the income of the deceased and - 5 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 considering the same, the deduction towards personal expenses of the deceased has to be taken at one fourth instead of half. 8. The learned counsel for the appellants submits that the appellants are not seeking any enhancement under other heads and submits that the income taken etc. is proper and correct. 9. The learned counsel for respondent No.2/Insurer submits that the claimants are major children of the deceased, and therefore, the Tribunal has rightfully deducted half of the income of the deceased towards his personal expenses. 10. Heard the learned counsel and the Court has perused the impugned judgment and award. 11. The following point arises for consideration. - 6 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 Whether the Tribunal was justified in deducting half of the income of the deceased towards his personal income while assessing the compensation? 12. The answer to the above question is in the negative for the following reasons. 13. The Division Bench of this Court in the case of Smt.Lathamma alias Latha and others -vs- Sri Mohammed Saleem and another rendered in MFA No.118/2018 placing reliance on the decision of the Hon'ble Apex Court has observed as under: "8. We have considered the submissions made by the learned counsels for the parties and perused the records. The only question which arises for our consideration in this appeal is with regard to the quantum of compensation. The Supreme Court in National Insurance Company Limited vs. Birender (2020 SCC Online SC 28), has held that the legal representatives of the deceased are entitled to make an application for compensation in view of Section 166(1)(c) of the Act. It has further been held that even the major married and earning sons of deceased being the legal representatives have the right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased or not and not - 7 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 to limit the claim towards conventional heads only. In the instant case, the Tribunal has held that the Claimant Nos.2 to 4 are not financially dependent on the deceased and that Claimant No.1 alone was financially dependant on the deceased. The aforesaid finding of the Tribunal cannot be sustained in view of the law laid down by the Supreme Court in National Insurance Company Limited supra. Therefore, the Claimant Nos.2 to 4 are also considered to be dependant on the income of the deceased." 14. In the case on hand, the claimants No.2 to 4 are major children of the deceased and claimant No.1 is the wife of the deceased. The Tribunal has considered that claimant No.1/wife is only the dependant of the deceased and has deducted half of the income of the deceased towards his personal expenses. As per the above decision of the Division Bench which is passed relying on a decision of the Hon'ble Apex Court, the other claimants, who are major sons, are also to be considered as dependants, and therefore, the deduction towards personal expenses of the deceased is required to be taken at one-fourth of his income instead of half as taken by the Tribunal. - 8 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 15. Considering the above aspects, the claimants are entitled to `loss of dependency' as under Rs.14,500/- + 10% (Rs.1,450/-) is equal to Rs.15,950/- less 1/4th is equal to Rs.11,965.50x12x11=15,79,050/-. Therefore the claimants are entitled to `loss of dependency' in a sum of Rs.15,79,050/- as against Rs.10,53,000/- as awarded by the Tribunal. Considering the said aspect, the claimants are entitled to enhancement of Rs.5,26,050/- (Rs.15,79,050/- - Rs.10,53,000/-) with interest at the rate of 6% per annum from the date of petition till realization. 16. Considering the above aspects, the following: ORDER i) The appeal is allowed in part. ii) The appellants and respondent No.3/claimants are entitled to enhanced compensation of Rs.5,26,050/- with interest at the rate of 6% from the date of petition till realization. iii) The respondent No.2/Insurer shall deposit the enhanced compensation with interest within a period of four weeks from this day, failing which, it is liable to pay - 9 - HC-KAR NC: 2026:KHC:27195 MFA No. 2400 of 2023 interest at the rate of 9% per annum from this day till payment. The apportionment of compensation among the claimants by the Tribunal remains unaltered. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 35