- 1 - HC-KAR CNR: KAHC010270032020 NC: 2026:KHC:36323 MFA No. 2337 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.2337 OF 2021 MV-D) BETWEEN: 1. SMT. CHANDRAMMA W/O DASAPPA AGED ABOUT 53 YEARS 2. SRI DASAPPA S/O RANGAPPA AGED ABOUT 60 YEARS BOTH ARE R/AT VENKATAPURA VILLAGE BANAVARA HOBLI ARSIKERE TALUK-573 103 …APPELLANTS (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. SRINIVASAIAH B.G NO.84, KTR COMPLEX MAIN ROAD, MADIWALA BANGALORE SOUTH BANGALORE-560 068 2. THE MANAGER RELIANCE GENERAL INSURANCE CO.LTD. 2ND FLOOR, S.M TOWERS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010270032020 NC: 2026:KHC:36323 MFA No. 2337 of 2021 11TH MAIN ROAD 3RD BLOCK, JAYANAGAR BANGALORE-560 011 …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, VIDE ORDER DATED 30.10.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018 PASSED IN MVC NO. 945/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, 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 appeal is filed seeking for enhancement of compensation awarded in M.V.C.No.945/2017 vide judgment and award dated 14.05.2018 for the accidental death of one Prabhukumar. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 13.03.2017, Prabhukumar, a 21 years old died. - 3 - HC-KAR CNR: KAHC010270032020 NC: 2026:KHC:36323 MFA No. 2337 of 2021 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. 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 Prabhukumar. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 9,18,000 2. Towards Transport of dead body and funeral expenses 30,000 3. Towards loss of estate 15,000 4. Towards loss of love and affection to 2nd petitioner 15,000 Total 9,78,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.8,500/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to - 4 - HC-KAR CNR: KAHC010270032020 NC: 2026:KHC:36323 MFA No. 2337 of 2021 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 21 years and was working in Bar and Restaurant, 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 50% is deducted towards personal expenses since he is a bachelor, his monthly income would be Rs.7,700/- (15,400 - 50%). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.7,700/-. 8. As the deceased was aged 21 years, a multiplier of '18' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.16,63,200/- (7,700 x 12 x 18) towards “loss of dependency”. - 5 - HC-KAR CNR: KAHC010270032020 NC: 2026:KHC:36323 MFA No. 2337 of 2021 10. The claimants, being the parents of the deceased, each would 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”. 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 16,63,200 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 Total 17,96,300 12. Accordingly, the claimants would be entitled for compensation of Rs.17,96,300/- as against Rs.9,78,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR CNR: KAHC010270032020 NC: 2026:KHC:36323 MFA No. 2337 of 2021 13. 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. 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 CR List No.: 1 Sl No.: 29