- 1 - HC-KAR NC: 2026:KHC:26719 MFA No. 4646 of 2022 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.4646 OF 2022 (MV-D) BETWEEN: 1. SMT. RUKSAR W/O LATE AMIR UDDIN LASKAR AGED ABOUT 28 YEARS, 2. AFRUFA BEGUM LASKAR D/O LATE AMIR UDDIN LASKAR AGED 7 YEARS, 3. SAYABUL ISLAM LASKAR S/O LATE AMIR UDDIN LASKAR AGED 7 YEARS ALL ARE RESIDING AT NO.105, 9TH MAIN, MARIYAMMA TEMPLE ROAD, YARABNAGAR, BENGALURU - 560 070. (SINCE 2ND AND 3RD APPELLANTS ARE MINOR AND HENCE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN 1ST APPELLANT) …APPELLANTS (BY SRI. PRAKASH M.H., ADVOCATE) AND: 1. LIBERTY GEN. INS. CO. LTD., OFFICE AT NO.21/15 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26719 MFA No. 4646 of 2022 THE LAND MARK 4TH FLOOR, NEAR TRINITY METRO RICHMOND TOWN M.G ROAD, BENGALURU 560 001 REP BY ITS MANAGER. 2. SRI. RAMAIAH S/O MUNIYAPPA AGE MAJOR, R/AT BADEKATTO KAGGALIPURA POST, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BENGALURU 560 082. 3. ABADUL HASIM LASKAR S/O ATAR ALI LASKAR AGED 55 YEARS, 4. FATHIMA BIBI LASKAR W/O ABUDL HASIM LASKAR AGED 51 YEARS, RESPONDENTS 3 AND 4 ARE R/AT: DINANATHAPUR VILLAGE/ TOWN, PUNJI 1ST AND 2ND P.S. KATLICHERRA SUB DIVISION, HAILAKANDI DISTRICT 788 151. …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R-2; V/O DTD 04.06.2026 NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.04.2022 PASSED IN MVC NO.1728/2020 ON THE FILE OF THE III ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26719 MFA No. 4646 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 15.03.2020, Amar Uddin Laksar, a 29 year 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 Amar Uddin Laksar. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 27,84,600 - 4 - HC-KAR NC: 2026:KHC:26719 MFA No. 4646 of 2022 2. Loss of Consortium 44,000 3. Transportation and Funeral expenses 26,500 4. Loss of estate 16,500 Total 28,71,600 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.13,000/-. 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 2020, would be Rs.14,500/-. 6. Since the deceased was aged 29 years 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.20,300/-. 7. If 1/4th is deducted towards personal expenses, his monthly income would be Rs.15,225/- (20,300 - 1/4th of 20,300). The income of the deceased for the purposes of - 5 - HC-KAR NC: 2026:KHC:26719 MFA No. 4646 of 2022 determining the loss of dependency would thus be Rs.15,225/-. 8. As the deceased was aged 29 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.31,05,900/- (15,225 x 12 x 17) towards “loss of dependency”. 10. The claimants being the wife and children of the deceased, and respondent Nos.3 and 4 being the 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.2,40,000/- ( 48,000 x 5) and they would 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 31,05,900 - 6 - HC-KAR NC: 2026:KHC:26719 MFA No. 4646 of 2022 2. Loss of Consortium 2,40,000 3. Conventional Heads 36,000 Total 33,81,900 12. Thus, the claimants would be entitled for compensation of Rs.33,81,900/- as against Rs.28,71,600/- 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.: 12