- 1 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3420 OF 2017 (MV-D) BETWEEN: 1. SMT. R.MALAR KODI AGED ABOUT 36 YEARS W/O LATE E. RAJ KUMAR 2. MASTER B.R. RAHUL AGED ABOUT 14 YEARS S/O LATE E RAJ KUMAR 3. MASTER B.R. KISHORE AGED ABOUT 12 YEARS S/O LATE E RAJ KUMAR 4. SRI. K. ETHIRAJ AGED ABOUT 72 YEARS S/O LATE KALAPPA 5. SMT. M. MALLIKA AGED ABOUT 67 YEARS, W/O K. ETHIRAJ APPELLANTS 2 AND 3 ARE SINCE MINORS REP. BY THEIR MOTHER AND NATURAL GUARDIAN PETITIONER NO.1 SMT. R. MALAR KODI PETITIONERS ARE R/AT NO. 62 4TH MAIN, 4TH CROSS, JAIBHEEM NAGAR OLD MADIWALA, BANGALORE-68. …APPELLANTS (BY SRI. RAGHU .R, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 AND: 1. SRI. PRASANNA MAJOR IN AGE S/O MUNIREDDY NO.177, NEAR AIRTEL TOWER ADHIGONDNAHALLI VILLAGE MUTHANALLUR POST ATTIBELE HOBLI, ANEKAL TALUK BANGALORE - 99. 2. THE LEGAL MANAGER M/S UNIVERSAL SOMPO GENERAL INSURANCE CO LTD., NO.217/A, 3RD FLOOR, KVV SAMRAT, 3RD MAIN OUTER RING ROAD, KASTURI NAGAR OPPOSITE TO SAILS FACTORY BANGALORE - 43. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2; V/O DATED 07.06.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.11.2016 PASSED IN MVC NO.3182/2015 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER-MACT(SCCH-23), BENGALURU, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. - 3 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 2. This appeal is filed by the appellants, under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 26.11.2016 passed in M.V.C.No.3182/2015 by the Motor Accident Claims Tribunal, XXI Additional SCJ & XIX ACMM (SCCH-23), Bengaluru. 3. One E.Rajkumar met with an accident on 11.06.2015 and subsequently, succumbed to the injuries sustained in the accident. His wife, children and parents filed claim petition claiming compensation of Rs.1,50,00,000/-. The Tribunal, after considering the entire evidence on record, has granted an amount of Rs.50,44,128/- with interest at the rate of 6% per annum from date of petition till its realization. 4. Aggrieved by the said order, they preferred an appeal and mainly contended that the Tribunal ought to have considered his annual earning as Rs.4,40,673/- for the assessment year 2015-2016 and the Tribunal ought to - 4 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 have deducted 1/5th towards personal expenses of the deceased instead of 1/4th and thus, requested for enhancement of compensation. 5. E.Rajkumar was aged 43 years at the time of the accident and he was working as an Associate in Logistics Department of M/s.Sansera Engineering Works at Bommasandra Industrial Area and was drawing a salary of Rs.40,000/- per month and apart from the salary, he was also getting other allowances. The claimants have filed the Temporary Appointment Letter marked as Ex.P.11, pay slips marked as Exs.P.12 to 24 and Form No.16 for the assessment years 2013-2014 to 2015-2016 marked as Exs.P.25 to P.27. 6. As per the pay slip for the month of May 2015, the deceased was drawing a gross salary of Rs.36,311/-. After deduction of professional tax of Rs.200/- and income tax at 10%, his monthly income comes to Rs.32,500/-. As he was aged 43 years at the time of accident, the - 5 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 relevant multiplier is '14'. He is also entitled for 25% towards 'Future Prospectus'. As the number of dependents is five, 1/4th is of the income to be deducted towards personal expenses. Therefore, the 'loss of dependency' comes to Rs.51,18,750/- (Rs.32,500+25%x12x14-1/4). 7. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 51,18,750/- 2. Loss of Consortium (44000 x 5) 2,20,000/- 3. Towards conventional heads 33,000/- Total 53,71,750/- 8. As per the judgment cited by the learned counsel for the appellants in MFA No.1479/2025 C/w MFA No.4534/2025 and MFA Cross Objection No.79/2025, petitioner No.1 is entitled for Rs.44,000/- towards 'spousal consortium'. Petitioner Nos.2 and 3 are - 6 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 entitled for Rs.44,000/- each of them towards 'parental consortium' and petitioner Nos.4 and 5 are entitled for Rs.44,000/- each of them towards 'filial consortium' and all the them are entitled for Rs.33,000/- under the 'conventional heads'. The total compensation comes to Rs.53,71,750/-. Therefore, the claimants are entitled for enhanced compensation of Rs.3,27,622/- (Rs.53,71,750 - Rs.50,44,128) 9. The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation amount of Rs.3,27,622/- with interest at the rate of 6% within in one month from the date of this order. On such deposit, the first petitioner No.1 - wife of the deceased alone is permitted to withdraw the said amount along the interest accrued on it. 10. Accordingly, I proceed to pass the following: - 7 - HC-KAR NC: 2026:KHC:27820 MFA No. 3420 of 2017 ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.3182/2015 dated 26.11.2016 by the MACT, XXI Additional SCJ & XIX ACMM (SCCH-23), is hereby modified holding that the petitioner No.1 - wife is entitled for enhanced compensation of Rs.3,27,622/- along with interest @ 6% p.a. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, petitioner No.1 - wife of the deceased alone is permitted to withdraw the said amount along the interest accrued on it. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE NBM List No.: 1 Sl No.: 30