- 1 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5587 OF 2022(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.5617 OF 2022(MV-D) IN MFA No. 5587/2022 BETWEEN: SRI.YOGESH GOWDA K S/O KRISHNAMURTHY V, AGED ABOUT 25 YEARS, RESIDING AT NO.127, NEAR SHANIMAHATHMA TEMPLE, KAVERIPURAM, KAMAKSHIPALYA, BENGALURU-560 079. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. MR.MALLIKARJUNA SWAMY M.G. S/O GURUSIDDAPPA M COTTON, MAJOR, R./AT MAGADI TALUK, RAMANAGARA DISTRICT, MAGADI (CPT)-562 120. (RC OWNER OF PRIVATE BUS BEARING NO. KA-20-B-3819) 2. THE MANAGER NEW INDIA ASSURANCE CO.LTD, REGIONAL OFFICE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 NO.9/2, MAHALAKSHMI CHAMBER, M.G.ROAD, BENGALURU-560 001. (POLICY NO.6719053118000001104 VALIDITY FROM 23/08/2018 TO 22/08/2019) …RESPONDENTS (BY SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R2, VIDE ORDER DATED 06/03/2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC NO. 3826/2019 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, ADDITIONAL MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5617/2022 BETWEEN: 1. SRI.RAVI K S/O KRISHNAPPA AGED ABOUT 48 YEARS 2. SMT GOWRI R W/O RAVI K AGED ABOUT 42 YEARS 3. KUM ASHWINI D/O RAVI K AGED ABOUT 19 YEARS ALL ARE RESIDING AT NO.25, 1ST CROSS KRISHNA ROAD LAKSHMI NAGAR BASAVESHWARANAGAR - 3 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 BENGALURU-560079. ...APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. MR MALLIKARJUNA SWAMY M.G. S/O GURUSIDDAPPA M COTTON MAJOR R/AT MAGADI TALUK RAMANAGARA DISTRICT MAGADI (CPT)-562120 (RC OWNER OF PRIVATE BUS BEARING NO.KA-20-B-3819) 2. THE MANAGER NEW INDIA ASSURANCE CO.LTD REGIONAL OFFICE NO.9/2, MAHALAKSHMI CHAMBER M.G ROAD, BENGALURU-560 001 (POLICY NO.6719053118000001104 VALIDITY FROM 23/08/2018 TO 22/08/2019) ...RESPONDENTS (BY SRI. B.C. SEETHARAM RAO, ADVOCATE FOR R2, VIDE ORDER DATED 06/03/2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC NO. 3825/2019 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Both these appeals are by the claimants seeking enhancement of compensation awarded by common judgment dated 01.01.2022 arising out of accident occurred on 30.05.2019, in which, rider of the motorcycle is one Gowtham, who succumbed to the injuries and the pillion rider is one Yogesh Gowda, who suffered grievous injuries. Accordingly, the legal heirs of Gowtham filed MVC.No.3825/2019 and the injured - Yogesh Gowda filed MVC.No.3826/2019. IN MFA.No.5587/2022: 1. The claimant, being dissatisfied with the compensation of Rs.2,50,000/- awarded by the Tribunal in MVC No.3826/2019 vide judgment and award dated 01.01.2022, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. - 5 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards Pain and sufferings 25,000 2. Loss of income due to disability 1,30,000 3. Medical expenses 20,000 4. Conveyance charges, attendant charges, food and nourishment expenses 10,000 5. Loss of income during laid up period 20,000 6. Loss of future amenities and happiness 20,000 7. Future medical expenses 20,000 Total 2,50,000 4. The Tribunal, on considering the nature of injuries, line of treatment and the clinical findings, concluded that the claimant has suffered functional disability to the extent of 6% to the whole body, which, in my opinion, being based on medical evidence, is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.,10,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, - 6 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 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. As the claimant was aged 22 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,81,440/- (14,000 x 12 x 18 x 6%) towards 'loss of future income' as against Rs.1,30,000/- awarded by the Tribunal. Consequently, the amount of Rs.20,000/- awarded by the Tribunal towards 'loss of income during the laid-up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 X 3 months) treating the laid up period as three months. 7. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal and having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against Rs.20,000/- awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 8. As regards the 'conveyance, attendant charges food and nourishment’ the Tribunal has awarded a sum of Rs.10,000/-, which, in my opinion, is just and proper. 9. The Tribunal with regard to medical expenses has awarded a sum of Rs.25,000/- out of the total amount of Rs.1,77,391/- after deducting the sum paid by the 'Star Health', health insurance company towards medical expenses. However, in view of the law laid down by the Hon'ble Apex Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED Vs. DOLLY SATISH GANDHI & ANOTHER passed in SLP (Civil) No.18267/2025, wherein it is held that the amount received as part of Mediclaim/medical insurance is not deductible from compensation as calculated by the concerned Tribunal, adjudicating a claim for compensation under the MVA which may also include compensation under the head of medical expenses, if claimed, since the same being an entitlement as a consequence of an accident or death in a motor vehicle accident, the sum of Rs.1,77,391/- awarded towards medical expenses requires to be allowed. - 8 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 10. The sum of Rs.20,000/- awarded by the Tribunal towards future medical expenses, being just and proper, requires no interference. 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 25,000 50,000 2. Loss of future income 1,30,000 1,81,440 3. Medical expenses 25,000 1,77,391 4. Future medical expenses 20,000 20,000 5. Loss of income during the laid up period 20,000 42,000 6. Conveyance, food, nourishment, attendant charges 10,000 10,000 7. Loss of amenities in life 20,000 30,000 Total 2,50,000 5,10,831 12. Accordingly, the claimant is held entitled to the total compensation of Rs.5,10,831/- as against Rs.2,50,000/-, - 9 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 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 within a period of six weeks from the date of receipt of a copy of this judgment. The appeal is accordingly allowed in part. IN MFA.NO.5617/2022: 1. The appeal is filed seeking enhancement of compensation awarded in MVC.No.3825/2019 by the Tribunal vide judgment and award dated 01.01.2022 for the accidental death of Gowtham. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 30.05.2019, Gowtham, a 21 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 - 10 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 vehicle was responsible for the accident which has resulted in the death of Gowtham. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 22,68,000 2. Loss of consortium 80,000 3. Funeral expenses & transportation 15,000 4. Loss of estate 15,000 Total 23,78,000 5. Being aggrieved by the same, the claimants are before this Court seeking enhancement of compensation. 6. Learned counsel for the claimants would contend that the Tribunal has erred in assessing the notional income of the deceased at Rs.15,000/- having regard to the fact that the deceased was pursuing Bachelor of Engineering course and was doing part time job as Civil Contractor, which was evident from Exs.P9 to Ex.P13, Exs.P16, 23 and 24. He has relied on the judgment of a Division Bench of this Court in - 11 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 MFA.No.104894/2019 & connected matter in the case of MALLIKARJUN Vs. UMESH and contends that the Division Bench of this Court considering various judgments and considering the factors such as standard of living, earning capacity and earning potentiality of the deceased, who was also an engineering student, assessed the monthly income at Rs.25,000/-. Accordingly, he would pray to assess the monthly income of the deceased at Rs.25,000/-. 7. Per contra, learned counsel for the insurer would contend that assessing of income depends on facts and circumstances of each case and that in the instant case, it cannot be considered that the deceased would have definitely employed as an Engineer earning higher salary. As such, the Tribunal has rightly assessed the income of the deceased at Rs.15,000/- which does not call for any interference at the hands of this Court. He would further contend that the Tribunal has awarded exorbitant compensation under other heads, which requires to be reduced. - 12 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 8. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 9. In order to arrive at the loss of dependency, the Tribunal relying on the judgment of this Court and considering the fact that the deceased was prosecuting a profession course i.e., Bachelor of Engineering, has determined the notional income at Rs.15,000/-. 10. As could be gathered from the material on record particularly the certificates produced in respect of academics of the deceased and so also Ex.P24 - Salary Certificate, although the author of the same had not been examined, the deceased was pursuing his bachelor of engineering course and that he was doing part time job. There can be many a slip between the cup and lip, ifs and buts do not form conclusive proof, as such, in my considered view and in view of the judgment of the Division Bench cited supra and also considering the fact that the deceased was an Engineering Graduate, who had good career prospects, it would be just and appropriate to assess the income of the deceased at Rs.25,000/-. - 13 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 11. Since the deceased was aged 21 years, a multiplier of '18' would have to be applied and 40% requires to be added to the monthly income towards future prospects and since the deceased was bachelor, 50% requires to be deducted towards living expenses, which would make the income of the deceased to be Rs.17,500/- for the purpose of calculation of loss of dependency. Accordingly, the claimants would be entitled to Rs.37,80,000/- (Rs.17,500 X 12 X 18) towards loss of dependency. 12. The claimants, being the parents and sister of the deceased, 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”. 13. 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 37,80,000 2. Loss of Consortium 1,45,200 - 14 - HC-KAR NC: 2026:KHC:35648 MFA No. 5587 of 2022 C/W MFA No. 5617 of 2022 3. Conventional Heads 36,300/- Total 39,61,500 14. Accordingly, the claimants would be entitled for compensation of Rs.39,61,500/- as against Rs.23,78,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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. 16. 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.: 60