- 1 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 2252 OF 2019 (MV-D) BETWEEN: 1. SMT GOWRAMMA W/O LATE VEERABHADRAIAH AGED ABOUT 34 YEARS 2. MASTER S. V. CHETHAN S/O LATE VEERABHADRAIAH AGED ABOUT 11 YEARS 3. SRI ANIL MURTHY V. S/O LATE VEERABHADRAIAH AGED ABOUT 22 YEARS 4. SMT ARCHANA V. D/O LATE VEERABHADRAIAH AGED ABOUT 21 YEARS 5. SMT ERAMMA W/O LATE VEERABHADRAIAH, AGED ABOUT 76 YEARS, (SINCE APPELLANT NO.2 IS MINOR SHE IS REP.BY HER MOTHER SMT.GOWRAMMA) ALL ARE R/AT SIMPADIPURA, PURUSHANAHALLI, BENGALURU-560 004 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 …APPELLANTS (BY SRI. K V NAIK., ADVOCATE) AND: 1. KARNATAKA GOVT INSURANCE DEPT. DISTRICT HEALTH AND FAMILY WELFARE OFFICERS, OLD T B HOSPITAL PREMISES, OLD MADRAS ROAD, INDIRANAGARA, BENGALURU- 560 038. 2. DISTRICT HEALTH AND FAMILY WELFARE OFFICER BENGALURU RURAL DISTRICT, OLD T B HOSPITAL PREMISES, INDIRANAGARA, BENGALURU- 560 038. …RESPONDENTS (R1 AND R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED21.12.2018 PASSED IN MVC NO.1500/2018 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, MACT AND XLI ACMM, BENGALURU (SCCH- 17), 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: - 3 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 21.12.2018 passed in M.V.C.No.1500/2018 by the Motor Accident Claims Tribunal, Bengaluru (SCCH-17) (for short, ‘Tribunal’). 2. Heard the learned counsel appearing for the appellants and perused the material available on records. 3. Though the notice was served on the respondents, there is no representation. 4. The appellants are the claimants before the Tribunal, seeking compensation for the death of Sri Veerabhadraiah in a road accident dated 02.01.2018. The deceased was an agriculturalist by avocation and was aged about 49 years at the time of accident. The records indicate that the accident is due to the negligence of the driver of the vehicle owned by the respondents and they - 4 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 are liable to pay the compensation. The claimants have failed to produce the proof of income before the tribunal. Hence, the income of the deceased is notionally reassessed at Rs. 12,500/- per month placing reliance on the notional income chart prepared by Karnataka State Legal Services Authority. 5. The claimants are entitled for addition of 25% under the head loss of future prospectus of the deceased. Appropriate multiplier would be '13', and claimants being wife, children and mother of the deceased are entitled for compensation under the head loss of consortium at Rs.40,000/-each, and are also entitled to compensation under the head loss of estate, transportation of dead body and funeral expenses. Hence, the compensation is reassessed as under. 6. The deceased was aged about 49 years. Hence, 25% of the assessed income is added towards loss of future prospects of the deceased. Appropriate multiplier - 5 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 would be '13' and deduction would be 1/4th . Hence, the compensation under the loss of dependency in as under Rs.12,500/- + 25% X 12 X 13 - 1/4 =Rs.18,28,125/-. a. The claimants are the wife, children and mother, hence they are entitled to loss of consortium at the rate of Rs.40,000/- each with 10% escalation which would be Rs.44,000 X 5=Rs.2,20,000/-. b. The claimants are entitled for compensation of Rs.15,000/- + 10% escalation under the head of loss of estate i.e., for Rs.16,500/-. c. The claimants are entitled for compensation of Rs.15,000/- + 10% escalation under the head of transportation of dead body and funeral expenses i.e., for Rs.16,500/-. 7. Thus, the appellants - claimants would be entitled to modified compensation as under: - 6 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 8. Thus, the appellants-claimants shall be entitled to a total compensation of Rs.20,81,125/- as against Rs.18,25,000/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER i) The appeal is allowed in part. ii) The impugned judgment and award dated 21.12.2018 passed in MVC.No.1500/2018 by the Tribunal is modified to an extent that the appellants-claimants would be entitled to total compensation of Rs.20,81,125/- as against Rs.18,25,000/-. HEADS AMOUNT (in Rs.) Loss of dependency 18,28,125/- Loss of consortium 2,20,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 20,81,125/- - 7 - HC-KAR NC: 2026:KHC:18345 MFA No. 2252 of 2019 iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till its realisation. v) Respondents are directed to deposit the compensation amount before the Tribunal within a period of one month from the date of receipt of certified copy of this judgment. vi) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE HR