- 1 - HC-KAR NC: 2026:KHC:34003 MFA No. 4634 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4634 OF 2022(MV-D) BETWEEN: 1. SMT. PUSHPA S., W/O LATE SAJI, AGED 40 YEARS, 2. AMULYA S., D/O LATE SAJI, AGED 22 YEARS, BOTH ARE R/AT NELAGULI SOMANAHALLI, BOLARE POST, BENGALURU SOUTH, BENGALURU - 560 082 …APPELLANTS (BY SRI. PRAKASH M H., ADVOCATE) AND: 1. UNIVERSAL SOMPO GEN. INS. CO. LTD., NO. 217/A, 3RD FLOOR, K.V.V SAMRAT, 3RD MAIN ROAD, OUTER RING ROAD, KASTURI NAGARA, BANGALORE - 560 043. REP BY ITS MANAGER. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34003 MFA No. 4634 of 2022 2. SRI. KRISHNE GOWDA B. G., S/O GULI GOWDA, R/AT NO. 84/30, 8TH MAIN ROAD, SHANKAMBARINAGARA, JP NAGARA 1ST PHASE, BENGALURU - 560078. 3. SHRI RAMALINGAIAH K. C., S/O CHIKKE GOWDA, AGE MAJOR, R/AT NO. 49/10, 8TH MAIN, PANCHASHREE, SHAKAMBARINAGARA, J.P NAGARA 1ST PHASE, BENGALURU - 560 078. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1; NOTICE TO R2 AND R3 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2022 PASSED IN MVC NO.5875/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34003 MFA No. 4634 of 2022 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 08.02.2019, Appu S Saji, 22 years 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 a conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Appu S Saji. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 18,14,400.00 2. Loss of Consortium 44,000.00 - 4 - HC-KAR NC: 2026:KHC:34003 MFA No. 4634 of 2022 3. Loss of estate 16,500.00 4. Funeral & obsequies ceremony charges 16,500.00 5. Transportation of dead body 10,000.00 Total 19,01,400.00 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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.14,000/- . 6. Since the deceased was aged about 22 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.21,16,800/- (14,000 + 40% - 50% X 12 X 18) towards loss of dependency as against Rs.19,01,400/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:34003 MFA No. 4634 of 2022 7. The claimants, being the mother and sister of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.96,800/- (48,400 x 2) 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.22,49,900/- as against Rs.19,01,400/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 10. Respondent No.1-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. Sl. No. Compensation under different Heads (Rs.) 1. Loss of Dependency 21,16,800 2. Loss of consortium 96,800 3. Conventional heads 36,300 Total 22,49,900 - 6 - HC-KAR NC: 2026:KHC:34003 MFA No. 4634 of 2022 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 DS CT:TSM List No.: 1 Sl No.: 26