- 1 - HC-KAR CNR: KAHC010343442020 NC: 2026:KHC:36414 MFA No. 4843 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4843 OF 2020(MV-D) BETWEEN: 1. JAYAMMA W/O LATE NANJEGOWDA AGED ABOUT 47 YEARS 2. NANDINI K N D/O LATE NANJEGOWDA AGED ABOUT 26 YEARS 3. YOGESH S/O LATE NANJEGOWDA AGED ABOUT 19 YEARS ALL ARE R/AT KODISHETTIPURA VILLAGE K SHETTAHALLI HOBLI SRIRANGAPATNA TQ MANDYA DISTRICT-571 438. …APPELLANTS (BY SRI. SREENIVASAN M.Y, ADVOCATE) AND: 1. MR. EGIS INFRA MANAGEMENT INDIS PVT LTD OFFICE NO.03, 3RD FLOOR, KAMALA PLACE, COURT ROAD, GUARGAON, HARIYANA CITY, HARIYANA STATE-122 001. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010343442020 NC: 2026:KHC:36414 MFA No. 4843 of 2020 2. THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO LTD., ADHI CHUNCHANAGIRI ROAD KUVEMPUNAGARA MYSORE CITY-570 019. 3. WASEERMAN ALMOG S/O ALEGZANDOR AGED ABOUT 24 YEARS RETIRED ARMY, ALGAMAN-67 ISREAL COUNTRY NOW R/AT GOLDEN NEST NO.1150, 7TH CROSS, 2ND STAGE GOKULAM, MYSORE CITY-570 006. …RESPONDENTS (BY SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R2, VIDE ORDER DATED 24/03/2025, NOTICE TO R1 & R3 ARE HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2020 PASSED IN MVC NO.220/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATNA, 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 ORAL JUDGMENT 1. The appeal is filed seeking enhancement of compensation awarded by the Tribunal in MVC.No.220/2018 vide judgment and award dated 27.07.2020. - 3 - HC-KAR CNR: KAHC010343442020 NC: 2026:KHC:36414 MFA No. 4843 of 2020 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 06.12.2017, Nanjegowda, a 50 year old died. 3. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the rider of the offending vehicle was responsible for the accident which has resulted in the death of Nanjegowda. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 10,45,000 2. Loss of Consortium 40,000 3. Towards transportation of dead body and funeral expenses 15,000 4. Towards loss of parental consortium 80,000 5. Loss of estate 15,000 TOTAL 11,95,000 4. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.8,000/-. - 4 - HC-KAR CNR: KAHC010343442020 NC: 2026:KHC:36414 MFA No. 4843 of 2020 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 2017, would be Rs.11,000/-. 5. Since the deceased was aged 50 years and was self- employed 25% requires to be added to the monthly income towards future prospects and since there are three dependents, 1/3rd requires to be deducted towards personal and living expenses, which would result in the income of the deceased to be Rs.9,167/- (Rs.11,000 + 25% - 1/3rd) 6. As the deceased was aged 50 years, a multiplier of '13' would have to be applied. 7. Consequently, the claimants would be entitled to a sum of Rs.14,30,052/-(Rs.9,167x 12 x 13) towards “loss of dependency”. 8. The claimants, being the wife and children, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” - 5 - HC-KAR CNR: KAHC010343442020 NC: 2026:KHC:36414 MFA No. 4843 of 2020 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”. 9. 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 14,30,052 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 16,11,552 10. It is contended by the insurer that the owner of the offending vehicle had violated policy conditions by entrusting the motorcycle to the rider, who had no valid driving licence at the time of accident and as such, the insurer is not held liable to make good the liability and the Tribunal has rightly appreciated the said fact. 11. Since the owner has violated the policy conditions, as per the judgment in the case of SHAMANNA Vs. ORIENTAL INSURANCE COMPANY - (2018) 9 SCC 650, the insurer is directed - 6 - HC-KAR CNR: KAHC010343442020 NC: 2026:KHC:36414 MFA No. 4843 of 2020 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 and thereafter, shall recover the same from the owner of the offending motorcycle. 12. 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.: 46