- 1 - HC-KAR CNR: KAHC010293152021 NC: 2026:KHC:36848 MFA No. 3652 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.3652 OF 2021(MV-D) BETWEEN: 1. SRI.RAMU.B S/O BOREGOWDA AGED ABOUT 43 YEARS, 2. ADITYA S/O RAMU B AGED ABOUT 19 YEARS, 3. ARPITA D/O RAMU B AGED 18 YEARS, ALL ARE R/AT NO.42/A NEAR SRI KRISHNA LORRY GARAGE DODDAKALLASANDRA BENGALURU-560 050 …APPELLANTS (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., NO.9, 2ND FLOOR MAHALAKSHMI CHAMBERS M.G ROAD BENGALURU -560 001 REP BY ITS MANAGER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010293152021 NC: 2026:KHC:36848 MFA No. 3652 of 2021 2. SRI GANESH Y S/O YALLAPPA R/AT GOLLARA BEEDI KOTE KANAKAPURA TOWN RAMANAGARA DIST-562 117 …RESPONDENTS (BY SRI. RAVISHANKAR C.R, ADVOCATE FOR R1, R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2020 PASSED IN MVC NO. 5769/2012 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER OF MACT, BENGALURU, 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.5769/2019 vide judgment and award dated 10.08.2020. - 3 - HC-KAR CNR: KAHC010293152021 NC: 2026:KHC:36848 MFA No. 3652 of 2021 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 21.08.2012, Sudha, a 29 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 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 Sudha. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 10,66,240 2. Loss of Consortium 40,000 3. Funeral expenses & Transportation charges 15,000 4. Loss of estate 15,000 Total 11,36,240 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.5,600/-. - 4 - HC-KAR CNR: KAHC010293152021 NC: 2026:KHC:36848 MFA No. 3652 of 2021 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 2012, would be Rs.7,000/-. 6. Since the deceased was aged 29 years and was self- employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.9,800/- (Rs.7,000 + 40%). 7. Since there are three dependents, 1/3rd requires to be deducted towards personal expenses. Thus, the income of the deceased for the purposes of determining the loss of dependency would be Rs.6,534/- (Rs.9,800 - 1/3). 8. As the deceased was aged 29 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.13,32,936/- (Rs.6,534 x 12 X 17) towards “loss of dependency”. - 5 - HC-KAR CNR: KAHC010293152021 NC: 2026:KHC:36848 MFA No. 3652 of 2021 10. The claimants, being the husband and two children, each would 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 13,32,936 2. Loss of consortium 1,45,200 3. Conventional head 36,300 Total 15,14,436 12. Thus, the claimant would be entitled for compensation of Rs.15,14,436/- as against Rs.11,36,240/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR CNR: KAHC010293152021 NC: 2026:KHC:36848 MFA No. 3652 of 2021 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 PKS List No.: 1 Sl No.: 40