- 1 - HC-KAR NC: 2026:KHC:26902 MFA No. 4939 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4939 OF 2022 (MV-D) BETWEEN: 1. MAS. HIRUMONI GOGOI S/O LATE BISWAJIT GOGOI AGED ABOUT 13 YEARS 2. SRI. BIJIT GOGOI S/O LATE BHEDURAM GOGOI AGED ABOUT 43 YEARS SINCE APPLT NO.1 IS MINOR REPT., BY HIS UNCLE/GUARDIAN/ NEXT FRIEND/2ND APPELLANT BOTH ARE PERMANENT R/AT DA CHUK TEOK VILLAGE JORHAT, HALWA GAON GOLAGHAT, ASSAM - 785 636 NOW AT RESIDING AT GOPALAM JEWELS APARTMENTS KANAKAPURA MAIN ROAD, NEAR KONANAKUNTE CROSS BANGALORE. …APPELLANTS (BY SRI. PUTTA SWAMY C, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, K.S.R.T.C K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS LAW OFFICER. …RESPONDENT (BY SRI. HAREESH BHANDARY T, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26902 MFA No. 4939 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.01.2022 PASSED IN MVC NO.1389/2021 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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 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 14.01.2021, Bishwajit Gogoi, a 49 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 Bishwajit Gogoi. The Tribunal has - 3 - HC-KAR NC: 2026:KHC:26902 MFA No. 4939 of 2022 thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 10,92,000/- 2. Loss of future prospects 2,73,000/- 3. Loss of love and affection 40,000/- 4. Loss of love and affection 25,000/- 5. Funeral expenses 15,000/- 6. Transport of dead body 5,000/- 7. Medical bills 2,12,832/- Total 16,62,832/- 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.14,000/-. 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 2021, would be Rs.15,000/-. - 4 - HC-KAR NC: 2026:KHC:26902 MFA No. 4939 of 2022 6. Since the deceased was aged 48 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.18,750/-. 7. If 1/3rd is deducted towards personal expenses, his monthly income would be Rs.12,500/- (18,750/- - 1/3rd). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.12,500/-. 8. As the deceased was aged 48 years, a multiplier of '13' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.19,50,000/- (12,500/- x 12 x 13) towards “loss of dependency”. 10. The appellant No.1 is the minor son of the deceased and is alone entitled to a sum of Rs.48,000/- towards “loss of parental consortium” and they would also be entitled to a sum of Rs.36,000/- under the head “transportation of dead body and funeral expenses”. - 5 - HC-KAR NC: 2026:KHC:26902 MFA No. 4939 of 2022 11. The compensation of Rs.2,12,832/- awarded by the Tribunal under the head ‘medical expenses’ is just and appropriate and it is unaltered. 12. 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 19,50,000/- 2. Loss of parental consortium 48,000/- 3. Transportation of dead body and funeral expenses 36,000/- 4. Medical expenses 2,12,832/- Total 22,46,832/- 13. Thus, the claimants would be entitled for compensation of Rs.22,46,832/- as against Rs.16,62,832/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The respondent – Corporation is directed to deposit the amount of compensation awarded within a period of six - 6 - HC-KAR NC: 2026:KHC:26902 MFA No. 4939 of 2022 weeks from the date of receipt of a certified copy of this judgment. 15. Out of the compensation amount, a sum of Rs.3,00,000/- shall be released in favour of appellant No.2. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE PB List No.: 1 Sl No.: 41