- 1 - HC-KAR CNR: KAHC010290322020 NC: 2026:KHC:36587 MFA No. 1261 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 1261 OF 2021 (MV-D) BETWEEN: SMT. PUSHPALATHA W/O LATE B.T. NAGARAJEGOWDA AGED ABOUT 53 YEARS RESIDING AT NO.921, ASHRAMA ROAD, HINKAL, MYSURU-17. …APPELLANT (BY SMT. SUMA KEDILAYA ADVOCATE FOR SRI. PADMANABHA KEDILAYA V., ADVOCATE) AND: 1. SRI. THIMMEGOWDA, S/O PUTTASWAMYGOWDA, AGED ABOUT 59 YEARS, RESIDING AT HEBBALUKOPPAL VILLAGE, HEBBALU POST, K.R. NAGAR TALUK, MYSURU DISTRICT - 571 602. 2. HDFC ERGO GENERAL INSURANCE CO. LTD., CITY TRADE CENTER, OPPOSITE SUBURBAN LORRY STAND MYSURU - 570 001. …RESPONDENTS (BY SRI. AJAY PRABHU M., ADVOCATE FOR R1 SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.08.2018 PASSED IN MVC NO.556/2016 ON THE FILE OF THE PRINCIPAL JUDGE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010290322020 NC: 2026:KHC:36587 MFA No. 1261 of 2021 COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation awarded by the Tribunal in MVC No.556/2016 dated 29.08.2018, is in appeal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 01.02.2016, Sri. Krishnakumar, a 19 year old died. 3. It is not in dispute that the offending vehicle was insured with respondent No.2-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 Krishnakumar. The Tribunal has - 3 - HC-KAR CNR: KAHC010290322020 NC: 2026:KHC:36587 MFA No. 1261 of 2021 thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of financial dependency 6,48,000 2. Towards loss of love and affection 30,000 3. Towards loss of estate 15,000 4. Towards funeral expenses 15,000 5. Towards medical expenses 4,50,000 Total 11,58,000 4. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.6,000/-. As there is no credible evidence to ascertain the actual monthly income, 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 2016, would be Rs.9,500/-. 6. Since the deceased was aged about 19 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 - 4 - HC-KAR CNR: KAHC010290322020 NC: 2026:KHC:36587 MFA No. 1261 of 2021 claimants would be entitled to Rs.14,36,400/- (9,500 + 40% - 50% X 12 X 18) towards 'loss of dependency' as against Rs.6,48,000/- awarded by the Tribunal. 7. The claimant, being the mother of deceased, would be entitled to a sum of Rs.48,400/- towards “loss of consortium” and would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 8. Thus, the claimant, in modification of the impugned award, would be entitled to the following sums: 9. Thus, the claimant would be entitled for enhanced compensation of Rs.3,63,100/- 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. Sl. No. Compensation under different Heads (Rs.) 1. Loss of Dependency 14,36,400 2. Loss of consortium 48,400 3. Conventional heads 36,300 Total 15,21,100 - 5 - HC-KAR CNR: KAHC010290322020 NC: 2026:KHC:36587 MFA No. 1261 of 2021 11. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 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.: 42