- 1 - HC-KAR CNR: KAHC010293132021 NC: 2026:KHC:36353 MFA No. 3675 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3675 OF 2021(MV-D) BETWEEN: 1. SRI.THIMMAIAH S/O KARIYANNA AGED ABOUT 47 YEARS, 2. SMT NAGAMMA W/O THIMMAIAH AGED ABOUT 44 YEARS, 3. SRI ARUNA T S/O THIMMAIAH AGED ABOUT 23 YEARS, ALL ARE R/AT DODDAHALAHALLI VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DIST-562 117 …APPELLANTS (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE CO. LTD., OFFICE AT 2ND FLOOR, SM TOWERS 11TH MAIN ROAD, 3RD BLOCK JAYANAGARA, BANGALORE-560 011 REP BY ITS MANAGER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010293132021 NC: 2026:KHC:36353 MFA No. 3675 of 2021 2. SRI LOKESH S S/O SHIANNA AGE-MAJOR BANANTHAMMA BADAVANE BEHIND MATHA LODGE RAMANAGARA ROAD KANAKAPURA TOWN RAMANAGARA DIST-562 117 …RESPONDENTS (BY SRI. HOLEBASAPPA C BETSUR, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2021 PASSED IN MVC NO. 607/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, 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 claimants, being dissatisfied with the compensation awarded by the Tribunal, are in appeal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 11.01.2019, Sri. Kiran C.T., a 24 year old died. - 3 - HC-KAR CNR: KAHC010293132021 NC: 2026:KHC:36353 MFA No. 3675 of 2021 3. It is not in dispute that the offending vehicle was insured with respondent No.1-Insurance Company. 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 Kiran C.T. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 18,77,256 2. Loss of estate 15,000 3. Funeral expenses 15,000 4. Loss of filial consortium to petitioners No.1 and 2 80,000 5. Loss of love and affection to petitioner No.3 40,000 Total 20,27,256 Rounded off to 20,27,500 5. In order to arrive at the loss of dependency, the Tribunal on consideration of Ex.P13, Ex.P14-RTC and Ex.P16- Crop Information Certificate, assessed the income of the deceased at Rs.12,416/-. The certificate issued by the - 4 - HC-KAR CNR: KAHC010293132021 NC: 2026:KHC:36353 MFA No. 3675 of 2021 Sericulture Extension Officer shows that during the year 2017- 18, the deceased had an income of Rs.1,48,996/- from the sale of mulberry cocoons, which would be Rs.12,416/- per month. The said finding of the Tribunal with regard to assessment of income of the deceased cannot be accepted for the simple reason that the income earned from sale of mulberry cocoons keep varies year to year based on the prevailing market rate. As such, 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 about 24 years, appropriate multiplier would be '18' and 40% future prospects requires to be added and as he was a bachelor, 50% requires to be deducted towards his personal expenses. Thus, the claimants would be entitled to Rs.21,16,800/- (14,000 + 40% - 50% X 12 X 18) towards loss of dependency as against Rs.18,77,256/- awarded by the Tribunal. 7. The claimants, being the parents and brother of the deceased, they would each be entitled to a sum of - 5 - HC-KAR CNR: KAHC010293132021 NC: 2026:KHC:36353 MFA No. 3675 of 2021 Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- (48,400 x 3) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 8. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: 9. Thus, the claimants would be entitled for total compensation of Rs.22,98,300/- as against Rs.20,27,500/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 10. 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. 11. The apportionment of compensation amount shall be in terms of the award of the Tribunal. Sl. No. Compensation under different Heads (Rs.) 1. Loss of Dependency 21,16,800 2. Loss of consortium 1,45,200 3. Conventional heads 36,300 Total 22,98,300 - 6 - HC-KAR CNR: KAHC010293132021 NC: 2026:KHC:36353 MFA No. 3675 of 2021 The amount, if any, deposited shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 39