- 1 - HC-KAR NC: 2026:KHC:35307 MFA No. 2694 of 2020 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.2694 OF 2020(MV-D) BETWEEN: 1. SMT. PALLAVI W/O. LATE. NAGARAJA BARKI AGED ABOUT 29 YEARS. 2. HONNAVVA BARKI W/O. VITANAPPA BARKI AGED ABOUT 65 YEARS. 3. YESHWANTH S/O LATE NAGARAJA BARKI AGED ABOUT 6 YEARS 4. VINUTHA D/O. LATE. NAGARAJA BARKI AGED ABOUT 3 YEARS 6 MONTHS (SINCE APPELLANTS NO. 3 AND 4 ARE MINORS HENCE DULY REP. BY THEIR NATURAL GUARDIAN / MOTHER PETITIONER NO. 01) ALL ARE R/AT MUDENURU GRAMA RANIBENNURU TALUK HAVERI DISTRICT …APPELLANTS (BY SRI. THIPPESWAMY B C., ADVOCATE) AND: 1. KRISHNAPPA S/O. BHATYAPPA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35307 MFA No. 2694 of 2020 AGED ABOUT 56 YEARS DRIVER OF KSRTC BUS REG NO. KA07-F-1704 R/AT NO.83 KANDENAHALLI MULBAGILU TALUK KOLAR DISTRICT-517112. 2. MANAGING DIRECTOR INTERNAL SECURITY FUND SARIGE BHAVANA KH ROAD, BANGALORE. …RESPONDENTS (BY SRI.S RAJASHEKAR., ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.07.2019 PASSED IN MVC NO. 801/2017 ON THE FILE OF THE SENIOR CIVIL AND JMFC, HARIHARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION . THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The appeal is filed by the claimants seeking for enhancement of compensation. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 28.04.2017, one Sri V.Nagaraja Barki, aged about 30 year old died. - 3 - HC-KAR NC: 2026:KHC:35307 MFA No. 2694 of 2020 3. It is not in dispute that the respondent No.2-Corporation is liable to pay the compensation as the offending vehicle belonged to the Corporation. 4. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle (KSRTC Bus) was responsible for the accident which has resulted in the death of V.Nagaraja Barki. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 19,27,800 2. Loss of Estate 15,000 3. Transportation of dead body and cremation 15,000 4. Towards Consortium 40,000 Total 19,97,800 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased, notionally at Rs.9,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to - 4 - HC-KAR NC: 2026:KHC:35307 MFA No. 2694 of 2020 adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 6. Since the deceased was aged about 30 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.15,400/- (Rs.11,000 + 40%). 7. If 1/4th is deducted towards personal expenses, his monthly income would be Rs.11,550/- (Rs.15,400 - Rs.3,850). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,550/-. 8. As the deceased was aged about 30 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.23,56,200/- (11,500 x 12 x 17) towards “loss of dependency”. 10. The claimants being the wife, mother and children of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all - 5 - HC-KAR NC: 2026:KHC:35307 MFA No. 2694 of 2020 Rs.1,93,600/- (Rs.48,400 X 4) 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 23,56,200 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 25,86,100 12. Thus, the claimant would be entitled for compensation of Rs.25,86,100/- as against Rs.19,97,800/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. Respondent No.2 is directed to deposit the amount of compensation awarded along with interest within a period of six weeks from the date of receipt of a certified copy of this judgment. - 6 - HC-KAR NC: 2026:KHC:35307 MFA No. 2694 of 2020 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 HA LIST NO.: 1 SL NO.: 1