- 1 - HC-KAR NC: 2026:KHC:33747 MFA No. 4387 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4387 OF 2020(MV-D) BETWEEN: 1. SRI. BILLAIAH S/O HULIYAIAH AGED ABOUT 58 YEARS 2. SMT. NAGAMMA W/O BILLAIAH AGED ABOUT 53 YEARS HOUSE WIFE 3. SMT ANURADHA D/O BILLAIAH AGED ABOUT 28 YEARS ALL ARE R/O S DIGGENAHALLI VILLAGE ARASIKERE TALUK NOW R/AT HULIKERE VILLAGE & POST SAKHARAYAPATTANA HOBLI, KADUR TALUK CHIKKAMAGALUR DIST-577 135 …APPELLANTS (BY SRI. MOHAN KUMAR T, ADVOCATE) AND: 1. SRI. K.D DODDAPPA S/O DODDAPPA AGED ABOUT 33 YEARS R/A BELALAGERE VILLAGE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33747 MFA No. 4387 of 2020 CHENNAGIRI TALUK CHITRADURGA DIST 577 231 DRIVER OF TRACTOR BEARING NO. KA 17/TB-5424 & KA 17/T-6339 (DL NO. KA 17 201110002442 VALID FROM 24.1.2011 TO 23.1.2031) 2. SRI KARIBASAPPA S/O DODDAPPA AGED ABOUT 58 YARS R/A BELAGERE VILLAGE CHENNAGIRI TALUK CHITRADURGA DIST-577 231 RC OWNER OF TRACTOR BEARING NO. KA 17/TB-5424 & 17/T-6339 3. SRI SHIVARAJ S/O VASANTHA SHIRURU AGED ABOUT 26 YEARS R/A THARIHALA VILLAGE BELGAUM TQ & DIST-590 020 R.C OWNER OF MOTOR CYCLE BEARING NO.KA 22/EG 2633 4. IFCO TOKYOG GENERAL INSURANCE CO LTD BRANCH OFF SANGLI, MANTUNG BLDG MADHAVANAGARA ROAD, DURGAMALA MANDIR, SANGLI MAHARASHTRA-416 416 …RESPONDENTS (BY SRI. HAREESH BHANDARY T, ADVOCATE FOR R1 & R2, SRI. DAYANAND S PATIL, ADVOCATE FOR R3, SRI. B. PRADEEP, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2018 PASSED IN MVC NO.116/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALURU DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:33747 MFA No. 4387 of 2020 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimants, being dissatisfied with the compensation, are in appeal seeking for enhancement of compensation. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 18.05.2012, Sri Niju @ Nijaguna, a 25 year old died. 3. It is not in dispute that the offending vehicle was not insured by respondent No.2 i.e., owner of the vehicle with respondent No.4-Insurnace Company. 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 Niju @ Nijaguna. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR NC: 2026:KHC:33747 MFA No. 4387 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 9,72,000 2. Loss of love and affection 25,000 3. Loss of Estate 15,000 4. Funeral expenses 15,000 5. Transportation of dead body 5,000 6. Expenses incurred to perform death ceremony of deceased 48,853 Total 10,80,853 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income notionally at Rs.8,400/- considering the NAREGA Scheme. In my considered view, the same is just and proper. 6. Since the deceased was aged about 25 years, appropriate multiplier would be '18' and 40% future prospects requires to be added and as he was a bachelor, 50% requires to be deducted towards his personal expenses. Thus, the claimants would be entitled to Rs.12,70,080/- (8,400 + 40% - 50% X 12 X 18) towards loss of dependency as against Rs.9,72,000/- awarded by the Tribunal. 7. The claimants, being the parents and sister of the deceased, they would each be entitled to a sum of - 5 - HC-KAR NC: 2026:KHC:33747 MFA No. 4387 of 2020 Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- (48,400 x 3) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 8. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: 9. Thus, the claimants would be entitled for total compensation of Rs.14,51,580/- as against Rs.10,80,853/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 10. Respondent Nos.1 and 2 are directed jointly and severally 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. Sl. No. Compensation under different Heads (Rs.) 1. Loss of Dependency 12,70,080 2. Loss of consortium 1,45,200 3. Conventional heads 36,300 Total 14,51,580 - 6 - HC-KAR NC: 2026:KHC:33747 MFA No. 4387 of 2020 11. 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 HKV List No.: 1 Sl No.: 26