- 1 - HC-KAR NC: 2026:KHC:34544 MFA No. 3911 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3911 OF 2021(MV-D) BETWEEN: 1. SMT. LAKSHMI L W/O LATE NAVEEN KUMAR R AGED ABOUT 30 YEARS, 2. KUM. LEKHASHREE N D/O LATE NAVEEN KUMAR R AGED ABOUT 12 YEARS, 3. MASTER RANJITH N S/O LATE NAVEEN KUMAR R AGED ABOUT 07 YEARS, 4. SMT LAKSHMI W/O LATE RAJENDRA AGED ABOUT 51 YEARS, APPELLANT NOS.2 AND 3 ARE MINORS, REP. BY THEIR MOTHER AND NATURAL GUARDIAN SMT. LAKSHMI .L W/O LATE NAVEEN KUMAR ALL ARE R/AT NO.160/B CHIKKABANAVARA CHIKKABANAVARA POST, HESARAGATTA MAIN ROAD, BENGALURU-560 090 …APPELLANTS (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34544 MFA No. 3911 of 2021 AND: 1. THE NEW INDIA ASSURANCE CO, LTD., T.P CLAIMS HUB, BY ITS MANAGER 2ND FLOOR MAHALAKSHMI CHAMBER M.G ROAD, BENGALURU-560 001 2. MR. VIJAY KUMAR S/O VASUDEV B.M R/AT NO.1, 1ST A MAIN ROAD, DEFENCE COLONY NAGASANDRA POST BENGALURU-560 001 3. MR CHANNAVERAIAH S/O ERAIAH R/AT NO.309 SAPTHAGIRI ARCADE SHETTIHALLI, JALAHALLI WEST BENGALURU-560 015 …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R1, NOTICE TO R2 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.10.2019 PASSED IN MVC NO.4375/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, BENGALURU, (SCCH-20), 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 - 3 - HC-KAR NC: 2026:KHC:34544 MFA No. 3911 of 2021 ORAL JUDGMENT 1. This appeal is filed by the claimants i.e., legal heirs of deceased Naveen Kumar R., seeking enhancement of compensation awarded by the Tribunal in MVC.No.4375/2018 vide judgment and award dated 10.10.2019. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 29.01.2018, Naveen Kumar R., a 33 year old died. 3. It is also not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. 4. The Tribunal, on assessment of 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 Naveen Kumar R. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 16,12,800 2. Loss of Estate 15,000 3. Loss of Consortium 40,000 - 4 - HC-KAR NC: 2026:KHC:34544 MFA No. 3911 of 2021 4. Funeral expenses & obsequies ceremonies 15,000 Total 16,82,800 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.8,000/-. 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 2018 would be Rs.12,500/-. 6. Since the deceased was aged 33 years and was self- employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income of the deceased to be Rs.17,500/-. If 1/4th is deducted towards personal expenses, his monthly income would be Rs.13,125/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.13,125/-. 7. As the deceased was aged 33 years, a multiplier of '16' would have to be applied. - 5 - HC-KAR NC: 2026:KHC:34544 MFA No. 3911 of 2021 8. Consequently, the claimants would be entitled to a sum of Rs.25,20,000/- (Rs.13,125 x 12 x 16) towards “loss of dependency”. 9. The claimants, being the wife, two minor children and mother of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 10. 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 25,20,000 2. Loss of Consortium 1,93,600 3. Conventional head 36,300 Total 27,49,900 11. Thus, the claimant would be entitled for compensation of Rs.27,49,900/- as against Rs.16,82,800/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR NC: 2026:KHC:34544 MFA No. 3911 of 2021 12. The Insurance Company is directed 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. 13. 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 PKS List No.: 1 Sl No.: 42