- 1 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 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.2924/2020 (MV-D) BETWEEN: 1. SMT. USHA MALINI .M W/O DECEASED JAYAVELU AGED ABOUT 51 YEARS R/AT NO.537, ENGLISH MAIN MENS QUARTERS NEAR SKATING HALL OORGAUM, KGF CITY KOLAR DIST 563122. 2. KUM. KAVYA D/O DECEASED JAYAVELU AGED ABOUT 22 YEARS R/AT NO.537, ENGLISH MAIN MENS QUARTERS NEAR SKATING HALL OORGAUM, KGF CITY KOLAR DIST 563122. …APPELLANTS (BY SMT. SREEVIDYA G.K. ADV.,) AND: 1. SMT. D. MONISHA D/O SRI. C. DHANPAL MAJOR, R/AT NO.24 KARNATAKA HOUSING BOARD COLONY MARIKAM, ANDERSONPET KGF CITY, KOLAR DIST 563122. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 2. THE BRANCH MANAGER M/S. UNITED INDIA INS. CO LTD, SATHYANARAYANA BUILDING NSC BOSE ROAD, ROBERTSONPET KGF CITY, KOLAR DIST 563122. …RESPONDENTS (BY SRI. A.M. VENKATESH, ADV., FOR R2 SRI. RAKESH S.N. ADV., FOR R1) - - - THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.07.2019 IN MVC NO.276/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, KOLAR, (SITTING AT KGF), 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 ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 05.07.2019 passed in M.V.C.No.276/2018 by the III Additional District Judge and the Motor Accident Claims Tribunal, Kolar (sitting at K.G.F.) (for short, 'the Tribunal'), seeking for higher compensation. - 3 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 2. Smt.Sreevidya G.K., learned counsel for the appellants-claimants submits that the Tribunal has committed an error in assessing the income of the deceased at Rs.3,000/- p.m. and awarded a meagre compensation under the head of loss of consortium at Rs.40,000/-. Hence, she seeks to re-assess the same appropriately by considering the law laid down by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED Vs. PRANAY SETHI AND OTHERS1. 3. Per contra, Sri.A.M.Venkatesh, learned counsel for the respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the deceased was aged about 68 years. However, the Tribunal has committed an error in applying the multiplier of '9'. The appropriate multiplier would be '5' and the deduction towards personal expenses should be 1/3rd as the 1 (2017) 16 SCC 680 - 4 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 claimants are the wife and daughter of the deceased. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments of learned counsel for the appellants, learned counsel for the respondents and meticulously perused the material available on record. 5. It is not in dispute that in a road accident that occurred on 01.09.2018, one Jayavelu, husband of the appellant No.1 and father of the appellant No.2 sustained grievous injuries and succumbed to those injuries. The records indicate that the deceased was aged about 68 years and was working as a Security Guard. However, no proof of income was placed. Hence, his income is notionally re-assessed at Rs.12,500/- p.m. placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. Having re-assessed the income and taking note of the fact that the claimants are the wife and minor daughter of the deceased, the - 5 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 compensation towards loss of dependency is re-assessed as under: Rs.12,500 x 12 x 5 - 1/3 = Rs.5,00,000/- 6. The claimants are entitled to the compensation under the head of loss of consortium at Rs.40,000/- each plus 10% escalation which would be Rs.44,000 x 2 = Rs.88,000/-. The claimants are also entitled to the compensation under the head of loss of estate at Rs.16,500/- which includes 10% escalation and the compensation towards transportation of dead body and funeral expenses at Rs.16,500/- which includes 10% escalation. Thus, the claimants would be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Loss of dependency 5,00,000 Loss of consortium 88,000 Loss of estate 16,500 Transportation of dead body and funeral expenses 16,500 TOTAL 6,21,000 - 6 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 Thus, the claimants shall be entitled to a total compensation of Rs.6,21,000/- as against Rs.2,86,000/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed-in-part. b) The impugned judgment and award dated 05.07.2019 passed by the Tribunal in M.V.C.No.276/2018 is modified to an extent that the appellants-claimants would be entitled to the total compensation of Rs.6,21,000/- as against Rs.2,86,000/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within - 7 - HC-KAR NC: 2026:KHC:19252 M.F.A. No.2924/2020 a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Draw the modified award accordingly. 8. Sri.A.M.Venkatesh, learned counsel for the respondent No.2 is permitted to file vakalath within four weeks. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 14