- 1 - HC-KAR NC: 2026:KHC:34376 MFA No. 6582 of 2022 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.6582 OF 2022 (MV-D) BETWEEN: SMT. SHAKUNTHALAMMA, W/O. LATE RANGASWAMY, D/O LATE VENKATESHAPPA, AGED ABOUT 47 YEARS, R/AT NO.202, GROUND FLOOR, 9TH MAIN, HOYSALA NAGAR BENGALURU -560 016. …APPELLANT (BY SRI. VENUGOPAL M.S., ADVOCATE) AND: 1. SRI.VENKATESH G, S/O. GOPAL H.V., AGED ABOUT 43 YEARS, R/AT NO.3340 RAMAGONDANAHALLI, WHITEFIELD POST, BENGALURU -560 066. 2. M/S. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., 4TH FLOOR, SHRI SHANTI TOWERS NO.141 OPP. CUPA COFFEE, 3RD MAIN ROAD EAST NGEF LAYOUT KASTURI NAGAR, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34376 MFA No. 6582 of 2022 BENGALURU -560043, BY ITS MANAGER. 3. SRI. DINESH KUMAR S/O. DECEASED RANGASWAMY AGED ABOUT 29 YEARS, 4. SRI. MANJUNATHA R. S/O. DECEASED RANGASWAMY AGED ABOUT 25 YEARS, RESPONDENT NO.3 AND 4 BOTH RESIDING AT NO.202, GROUND FLOOR, 9TH MAIN ROAD, HOYSALA NAGARA, BENGALURU - 560 016. …RESPONDENTS (BY SRI.PRADEEP B., ADVOCATE FOR R-2; NOTICE TO R-1, R-3 AND R-4 ARE D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.02.2019 PASSED IN MVC NO.2153/2017 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER-MACT, BENGALURU (SCCH-5). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34376 MFA No. 6582 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 23.06.2016, one Rangaswamy S/o Subbanna, a 45 years old died. 3. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 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 one Rangaswamy s/o Late Subbanna. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 7,35,000 - 4 - HC-KAR NC: 2026:KHC:34376 MFA No. 6582 of 2022 2. Loss of Consortium (petitioner No.1) 40,000 3. Loss of Filial Consortium (petitioner 2 and 3) 80,000 4. Loss of estate 15,000 5. Funeral expenses 15,000 Total 8,85,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased, notionally at Rs.7,000/-. 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 2016, would be Rs.9,500/-. 6. Since the deceased was aged 45 years and was a coolie, 25% requires to be added to his monthly income towards future prospects, which would result in the income to be Rs.11,875/- (9,500 + 25% =11,875/-). 7. If 1/3rd is deducted towards personal expenses, his monthly income would be Rs.7,917/-. The income of the - 5 - HC-KAR NC: 2026:KHC:34376 MFA No. 6582 of 2022 deceased for the purposes of determining the loss of dependency would thus be Rs.7,917/- 8. As the deceased was aged 45 years, a multiplier of '14' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.13,30,056/- (7,917 x 12 x 14) towards “loss of dependency”. 10. The claimants being the dependents, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200 and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 11. 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 13,30,056 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300/- Total 15,11,556 - 6 - HC-KAR NC: 2026:KHC:34376 MFA No. 6582 of 2022 12. Thus, the claimant would be entitled for compensation of Rs.15,11,556/- as against Rs.8,85,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The Tribunal has erred while awarding 9% interest. As per the decision of Division Bench of this Court in MFA No.5896/2018, the interest should be taken at 6%. 14. 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. 15. 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 GPG List No.: 1 Sl No.: 14