- 1 - HC-KAR NC: 2026:KHC:34372 MFA No. 5567 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.5567 OF 2022 (MV-D) BETWEEN: SOMANNA B.M., S/O LATE MAHADEVASHETTY, AGED ABOUT 37 YEARS, R/A NO.57, BILUGALI VILLAGE, NANJANAGUDU TALUK, MYSORE DISTRICT. PRESENT ADDRESS: BASAVANAHALLI (KUDUGARAHALLI) VILLAGE, HALASULIGE POST, KASABA HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. SHRIPAD V.SHASTRI, ADVOCATE) AND: 1. ARUN KUMAR, S/O ERAMMA, AGED NO.2-93, ALIMAN HOUSE, MUDUMARNADU, MUDUBIDRE, DAKSHINA KANNADA. 2. MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34372 MFA No. 5567 of 2022 HASSAN BRANCH, HASSAN. 3. HARISH H.K., S/O KENCHAPPA, AGED, HALEKEREE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT. 4. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., HASSAN DIVISION, HASSAN BRANCH, MANJUNATHESHWARA COMPLEX HASSAN. 5. MANJUNATH @ MANJU, S/O KENCHEGOWDA, AGED, HALASULIGE POST, KUDUGARAHALLI VILLAGE, SAKALESHPURA. …RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R-2; SMT.Y.ARUNA, ADVOCATE FOR R-4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC NO.706/2019 ON THE FILE OF THE SENIOR CIVL JUDGE AND J.M.F.C., SAKALESHPURA, HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34372 MFA No. 5567 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 2019, Maramma, a 53 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 the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of one Maramma w/o Mahadevashetty. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 6,60,000 - 4 - HC-KAR NC: 2026:KHC:34372 MFA No. 5567 of 2022 2. Loss of Consortium 40,000 3. Funeral expenses 15,000 4. Loss of estate 15,000 Total 7,30,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 2019, would be Rs.14,000/-. 6. Since the deceased was aged 53 years and was a coolie, 10% requires to be added to her monthly income towards future prospects, which would result in the income to be Rs.15,400/- (14,000 + 1,400 = 15,400/-). 7. If 1/2 is deducted towards personal expenses, her monthly income would be Rs.7,700/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.7,700/-. - 5 - HC-KAR NC: 2026:KHC:34372 MFA No. 5567 of 2022 8. As the deceased was aged 53 years, a multiplier of '11' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.10,16,400/- (7,700 x 12 x 11 ) towards “loss of dependency”. 10. The claimant being the dependent, he would be entitled to a sum of Rs.48,400/- towards “loss of consortium” and he would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 11. Thus, the claimant, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 10,16,400 2. Loss of Consortium 48,400 3. Conventional Heads 36,300 Total 11,01,100 12. Thus, the claimant would be entitled for compensation of Rs.11,01,100/- as against Rs.7,30,000/- awarded by the - 6 - HC-KAR NC: 2026:KHC:34372 MFA No. 5567 of 2022 Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. 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. 14. 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.: 10