- 1 - HC-KAR CNR: KAHC010260152021 NC: 2026:KHC:36552 MFA No. 3881 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.3881 OF 2021(MV-D) BETWEEN: 1. SMT ANNIYAMMA W/O LATE VISHWANATH AGED ABOUT 36 YEARS, 2. DIVYA SHREE D/O LATE VISHWANATH AGED ABOUT 10 YEARS, 2ND APPELLANT IS MINOR AND REP. BY HER MOTHER 1ST APPELLANT AS A NATURAL GUARDIAN BOTH ARE RESIDING AT NO.56, SOMESHWARANAGAR JAYANAGAR, 1ST BLOCK BENGALURU-560 011 …APPELLANTS (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. THE ORIENTAL INSURANCE CO.LTD REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD BENGALURU-560 025 2. S S NAGAPPA M/S GOLDEN TRANSPORT CO NO.3 S S S BUILDING, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010260152021 NC: 2026:KHC:36552 MFA No. 3881 of 2021 1ST MAIN, 1ST CROSS CHAMRAJPET BENGALURU-560 018 …RESPONDENTS (BY SRI. A.R LAKSHMI NARAYANA, ADVOCATE FOR R1, R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2020 PASSED IN MVC NO. 3661/2018 ON THE FILE OF THE XIX ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, 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: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimants, being the legal representatives of deceased, are in appeal seeking for enhancement of compensation awarded by the Tribunal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 08.06.2018, Sri L. Vishwanath, a 45 year old died. 3. It is not in dispute that the Insurance Company is liable to pay the compensation, as the offending vehicle was insured. - 3 - HC-KAR CNR: KAHC010260152021 NC: 2026:KHC:36552 MFA No. 3881 of 2021 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 Sri L. Vishwanath. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 21,00,000 2. Towards loss of consortium 80,000 3. Towards transportation of dead body, funeral & obsequies ceremony expenses 15,000 4. Towards loss of estate 15,000 Total 22,10,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased at Rs.15,000/- without considering the evidence of PW.2 and salary certificate at Exs.P14 to P19. On perusal of evidence of PW.2 i.e., the employer of the deceased, he categorically stated that the deceased was an employee of M/s Uniq Detective and Security Services Pvt. Ltd., and he was earning a salary of Rs.20,305/- per month. Exs.P14 to P19 also reveal that the - 4 - HC-KAR CNR: KAHC010260152021 NC: 2026:KHC:36552 MFA No. 3881 of 2021 deceased was earning a salary of Rs.20,305/-. In such circumstance, the Tribunal ought to have considered the evidence of PW.2 and salary certificate-Exs.P14 to P19. Hence, the income of the deceased has to be considered at Rs.20,305/-. However, after deducting Rs.200/- towards professional tax, a rounded figure of Rs.20,000/- has to be considered as the income of deceased. 6. As the deceased was aged 45 years, a multiplier of '14' would have to be applied and as he was self-employed, 25% requires to be added to his monthly income towards future prospects and 2/3rd has to be deducted towards personal expenses. Thus, the claimants would be entitled to a sum of Rs.28,00,000/- (20,000 + 25% X 12 X 14 X 2/3) towards “loss of dependency”. 7. The claimants, being the wife and daughter of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.96,800/- ( 48,400 x 2) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. - 5 - HC-KAR CNR: KAHC010260152021 NC: 2026:KHC:36552 MFA No. 3881 of 2021 8. 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 28,00,000 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 Total 29,33,100 9. Thus, the claimants would be entitled for enhanced compensation of Rs.7,23,100/- along with interest at the rate of 6% per annum on the said amount. 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. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 40