- 1 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4206/2020 (MV-D) BETWEEN: 1. SMT. SHARADAMMA W/O GANGANAAPPA AGED ABOUT 57 YEARS. 2. RAJESHWARI .V D/O LATE VENKATESH AGED ABOUT 20 YEARS. 3. KAVYA .V D/O LATE VENKATESH AGED ABOUT 19 YEARS. ALL ARE R/AT NO.11, 3RD CROSS THOTADAGUDDADAHALLI BENGLAURU NORTH BENGALURU 560090. …APPELLANTS (BY SRI. THIRTHAPPA K.M. ADV.,) AND: 1. RAVICHANDRAN B.R. S/O LATE RAJAMANICKYAM NO.22, VENKATESHWARA NILAYA 1ST MAIN ROAD, BELMAR LAYUT R.K. NAGAR, NAGASANDRA BENGALURU 560073. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 2. RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE NO.28, EAST WING, 5TH FLOOR CENTENARY BUILDING, M.G. ROAD BENGALURU 560 001. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADV., FOR R2 V/O/DTD:17.04.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.18.07.2019 IN MVC NO.7521/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-11), 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation being aggrieved by the judgment and award dated 18.07.2019 passed in MVC.No.7521/2018 by the I Additional Small Causes Judge & MACT, Bengaluru, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Thirthappa K.M., learned counsel for the appellants-claimants submits that this appeal is filed on the ground that the assessment of income of the deceased at Rs.9,000/- per month by the Tribunal is incorrect and the deceased was aged about 42 years at the time of accident, therefore, appropriate multiplier would be 14. Hence, he seeks to reassess the compensation by allowing this appeal. - 4 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 4. Sri.Ashok N.Patil, learned counsel for the respondent No.2-insurance company supports the judgment and award of the Tribunal and submits that the findings of the Tribunal are based on the evidence on record before it and hence, there is no scope for enhancement of compensation and thus, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record. 6. The parties to the proceedings are not in dispute that the legal heirs of the deceased Lakshmamma have filed the claim petition seeking compensation for the death of Lakshmamma in a road accident on 03.07.2018. The Tribunal assessed the income of the deceased at Rs.9,000/- per month. In the absence of any proof of income, the income of the deceased is notionally reassessed at Rs.12,500/- per month placing reliance on - 5 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 the notional income chart prepared by KSLSA. Ex.P14, the attested copy of school certificate, indicates that the deceased was aged about 42 years at the time of accident, hence there would be an addition of 25% of the assessed income towards the loss of future prospects and appropriate multiplier would be 14. The appellants- claimants are the dependents of the deceased, hence, 1/3rd is required to be deducted towards personal and living expenses of the deceased. Hence, the compensation towards the loss of dependency is re-determined as under: Rs.12,500 + 25% x 12 x 14 - 1/3 = Rs.17,50,000/-. 7. The appellants-claimants are entitled to the compensation under the head of loss of consortium at Rs.44,000/- each including 10% escalation. Further, the appellants-claimants would be entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and Rs.16,500/- under the head of ‘funeral expenses & transportation of dead body’ including 10% escalation. - 6 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 Thus, in all, the appellants-claimants shall be entitled to modified compensation under the following heads: Thus, the claimants shall be entitled to a total compensation of Rs.19,15,000/- as against Rs.15,42,000/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.19,15,000/- as against Rs.15,42,000/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Loss of estate 16,500 Funeral expenses and transportation of dead body 16,500 Loss of consortium (Rs.44,000 x 3) 1,32,000 Loss of dependency 17,50,000 Total 19,15,000 - 7 - HC-KAR NC: 2026:KHC:19194 M.F.A. No.4206/2020 c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 14