- 1 - HC-KAR NC: 2026:KHC:19794 M.F.A. No.3156/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3156/2020 (MV-D) BETWEEN: 1. SAVITHRAMMA W/O THIMMARAJU NOW AGED ABOUT 41 YEARS. 2. SINDUNATH S/O THIMMARAJU NOW AGED ABOUT 21 YEARS. 3. KAVERI D/O THIMMARAJU NOW AGED ABOUT 23 YEARS. ALL ARE R/O DANDINADIBBA DODDARI HOBLI, MADUGIRI TALUK TUMKUR DISTRICT-572132 NOW R/O BADAKAEGUDLU VILLAGE KANDIKARE HOBLI CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT-572214. …APPELLANTS (BY SRI. MANJE GOWDA B.V. ADV., FOR SRI. CHANDRASHEKARA K.A. ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19794 M.F.A. No.3156/2020 AND: 1. MANJEESH .G S/O LAKSHMINARASIMHAIAH MAJOR, RESIDENT OF 2ND CROSS VIDYA NAGARA, TUMKURU TUMKURU DISTRICT-572101. 2. UNITED INDIA INSURANCE CO. LTD 1ST FLOOR, RAJ COMPLEX DR. AMBEDKAR ROAD, SIRA TUMKUR DISTRICT-572137 REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADV., FOR R2 V/O/DTD:20.01.2024, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.12.2019 PASSED IN MVC NO.1389/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIX MACT, CHIKKANAYAKANAHALLI, 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:19794 M.F.A. No.3156/2020 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation being aggrieved by the judgment and award dated 26.12.2019 passed in MVC.No.1389/2018 by the Senior Civil Judge & MACT XIX, Chikkanayakanahalli, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Manje Gowda B.V., learned counsel for Sri.Chandrashekara K.A., learned counsel for the appellants-claimants and Smt.Manjula N.Tejaswi, learned counsel for the respondent No.2-Insurance Company. 4. The deceased Thimmaraju was aged about 40 years as on the date of accident i.e., on 05.04.2018, and claimed that he was autorikshaw driver and earning Rs.35,000/- per month and also earning income from agricultural activity. However, no proof of income is placed - 4 - HC-KAR NC: 2026:KHC:19794 M.F.A. No.3156/2020 on record before the Tribunal. Hence, the income of the deceased is notionally assessed at Rs.12,500/- per month placing reliance on the notional income chart prepared by KSLSA. The deceased was aged about 40 years as on the date of accident, hence, the appropriate multiplier would be 15, which has been rightly considered by the Tribunal and there should be an addition of 25% of the assessed income towards the loss of future prospects. The deceased was having three dependents i.e., wife and children, hence, the deduction would be 1/3 towards personal and living expenses. Hence, the compensation under the head of loss of dependency is re-assessed as under: Rs.12,500 + 25% x 12 x 15 x 2/3 = Rs.18,75,000/-. 5. The claimants being the wife and children of the deceased Thimmaraju, are entitled to the compensation under the head of loss of consortium at Rs.44,000/- each including 10% escalation. The appellants-claimants would be entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and Rs.16,500/- under the head - 5 - HC-KAR NC: 2026:KHC:19794 M.F.A. No.3156/2020 of ‘funeral expenses & transportation of dead body’ including 10% escalation. Thus, in all, the appellants- claimants shall be entitled to modified compensation under the following heads: Thus, the claimants shall be entitled to a total compensation of Rs.20,40,000/- as against Rs.11,70,000/- awarded by the Tribunal. 6. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.20,40,000/- as HEADS AMOUNT (in Rs.) Loss of estate 16,500 Funeral expenses and transportation of dead body 16,500 Loss of consortium (Rs.44,000 x 3) 1,32,000 Loss of dependency 18,75,000 Total 20,40,000 - 6 - HC-KAR NC: 2026:KHC:19794 M.F.A. No.3156/2020 against Rs.11,70,000/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) Draw modified award accordingly. 7. Smt.Manjula N.Tejaswi, learned counsel for the respondent No.2 is permitted to file vakalath in three weeks. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 11