- 1 - HC-KAR CNR: KAHC010480032022 NC: 2026:KHC:35988 MFA No. 7124 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7124 OF 2022(MV-D) BETWEEN: 1. SMT NAGENDRAMMA W/O LATE ANJANAPPA AGED ABOUT 28 YEARS 2. KUM. MAMITHA D/O LATE ANJANAPPA AGED ABOUT 10 YEARS 3. BABY SHIVALEELA D/O LATE ANJANAPPA AGED ABOUT 5 YEARS 4. BABY VINODA D/O LATE ANJANAPPA AGED ABOUT 3 YEARS 5. SRI ANANTHAPPA S/O LATE HANAMAPPA BATIGIRI AGED ABOUT 71 YEARS APPELLANTS NO.2 TO 4 ARE BEING MINORS, REPTD BY THEIR MOTHER AND NATURAL GUARDIAN SMT. NAGENDRAMMA, THE 1ST RESPONDENT ALL ARE R/AT NO.4-42 YADLAPUR YADGIR Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480032022 NC: 2026:KHC:35988 MFA No. 7124 of 2022 KARNATAKA-585 214. …APPELLANTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SRI PANKAJ YADAV S/O SRI SHYAM SINGH AGED ABOUT 25 YEARS R/AT FLAT NO.1B 16 8TH CROSS, 1ST MAIN ASHRAYA LAYOUT MAHADEVAPURA BANGALORE-560 048 AND ALSO AT 110, 3RD CROSS MODI GARDEN, J.C NAGAR BENGALURU-560 006. 2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., REPTD BY ITS BRANCH MANAGER OFFICE AT NO. GOLDEN HEIGHTS 4TH FLOOR, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BENGALURU-560 010. …RESPONDENTS (BY SRI. MANOJ KUMAR M.R, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.09.2022 PASSED IN MVC NO.815/2020 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), 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 CNR: KAHC010480032022 NC: 2026:KHC:35988 MFA No. 7124 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimants, being the legal representatives of deceased-Anjanappa, are before this Court seeking for enhancement of compensation. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 23.10.2019, Sri Anjanappa, a 29 year old died. 3. 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 Anjanappa. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 29,98,800 2. Loss of Consortium 44,000 3. Towards loss of estate 16,500 - 4 - HC-KAR CNR: KAHC010480032022 NC: 2026:KHC:35988 MFA No. 7124 of 2022 4. Towards funeral and obsequies ceremony expenses 16,500 5. Towards transportation of dead body 10,000 Total 30,85,800 4. The Tribunal has rightly awarded Rs.29,98,800/- towards 'loss of dependency', which does not call for any interference. 5. The claimants, being the wife, minor children and father of deceased, each would be entitled to Rs.48,400/- i.e., in all Rs.2,42,000/- towards ‘loss of consortium’. The claimants would also be entitled to sum of Rs.36,300/- under the ‘conventional heads’. 6. 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 29,98,800 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 32,77,100 - 5 - HC-KAR CNR: KAHC010480032022 NC: 2026:KHC:35988 MFA No. 7124 of 2022 7. Thus, the claimants would be entitled for compensation of Rs.32,77,100/- as against Rs.30,85,800/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 8. 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 and as directed by the Tribunal, the same shall be recovered from the owner of the offending vehicle. 9. 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.: 21