- 1 - HC-KAR CNR: KAHC010211022020 NC: 2026:KHC:36850 MFA No. 3608 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3608 OF 2021(MV-D) BETWEEN: 1. JALAJA W/O LATE RAJU POOJARY AGED ABOUT 62Y EARS, 2. KUSUMA D/O LATE RAJU POOJARY AGED ABOUT 44 YEARS, 3. SUNDARI @ SUNITHA DIVAKAR AMIN D/O LATE RAJU POOJARY AGED ABOUT 41 YEARS, 4. PRASHANTH S/O LATE RAJU POOJARY AGED ABOUT 38 YEARS, ALL ARE R/O DEVIKRIPA NILAYA VISHNUMAURTHI NAGARA KALARKALABETTU VILLAGE AND POST UDUPI TALUK AND DISTRICT …APPELLANTS (BY SRI. GANESHA R, ADVOCATE) AND: 1. SMT NALINI N PALAN W/O NAVEEN PALAN AGE MAJOR Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010211022020 NC: 2026:KHC:36850 MFA No. 3608 of 2021 R/O SHANTHANANDA MANIPURA WEST KATAPADY POST UDUPI TALUK AND DISTRICT 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., SRI RAM RESIDENCY NEAR HEAD POST OFFICE, UDUPI TALUK UDUPI DISTRICT-576 101 …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, VIDE ORDER DATED 21/04/2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2019 PASSED IN MVC NO. 1181/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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: 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.1181/2018 vide judgment and award dated 07.11.2019. - 3 - HC-KAR CNR: KAHC010211022020 NC: 2026:KHC:36850 MFA No. 3608 of 2021 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 29.03.2017, Raju Poojary, a 65 year 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 Raju Poojary. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 3,20,000 2. Loss of Love and affection, consortium and funeral expenses 70,000 Total 3,90,000 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 - 4 - HC-KAR CNR: KAHC010211022020 NC: 2026:KHC:36850 MFA No. 3608 of 2021 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/-. 6. Since all the other dependents are majors and the only dependent was the wife of the deceased, 1/3rd requires to be deducted towards personal expenses. Thus, the income of the deceased would be Rs.7,333/- .The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.7,333/- 7. As the deceased was aged 65 years, a multiplier of '7' would have to be applied. 8. Consequently, the claimants would be entitled to a sum of Rs.6,15,972/- (Rs.7,333 x 12 x 7) towards “loss of dependency”. 9. The claimants being the wife and three children, 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 - 5 - HC-KAR CNR: KAHC010211022020 NC: 2026:KHC:36850 MFA No. 3608 of 2021 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 6,15,972 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300/- Total 8,45,872 11. Thus, the claimant would be entitled for compensation of Rs.8,45,872/- as against Rs.3,90,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 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. - 6 - HC-KAR CNR: KAHC010211022020 NC: 2026:KHC:36850 MFA No. 3608 of 2021 The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 39