- 1 - HC-KAR NC: 2026:KHC:35431 MFA No. 1347 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.1347 OF 2020(MV-D) BETWEEN: 1. SMT. VANAJAKSHAMMA W/O LATE A.B CHANDRAPPA @ CHANDRANNA AGE: 56 YEARS 2. SRI. SRINATH S/O LATE A.B CHANDRAPPA @ CHANDRANNA AGE: 38 YEARS 3. SRI RAJENDRA W/O LATE A.B CHANDRAPPA @ CHANDRANNA AGE: 37 YEARS ALL ARE R/AT THIPPAGANDODDI PAVAGADA TALUK TUMKUR DISTRICT - 561 201 …APPELLANTS (BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE) AND: 1. SRI. CHIRANJIVI NAIK S/O PARASHURAM NAIK BOMMANAHALLI VILLAGE KASABA HOBLI, BUDIHAL POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 123 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35431 MFA No. 1347 of 2020 2. THE MANAGER IFFCO TOKIO GEN. INSURANCE COMPANY LIMITED NO.2, 1ST FLOOR, SNR ARCADE AYAPPA TEMPLE ROAD, JALAHALLI CROSS, PEENYA BENGALURU - 560 057 3. SRI MANJUNATH S/O VENKATARAMAIAH ALANKAR THEATER, PAVAGADA TALUK TUMKUR DISTRICT - 561 202 4. THE MANAGER, FUTURE GENERAL INSURANCE COMPANY LIMITED PADSENA NO.18/1,(OLD NO 125/A) 100FT., ROAD, 1ST BLOCK, 3RD FLOOR JAYANAGAR WARD NO.62 BENGALURU - 560 011 5. CHILD DEVELOPMENT OFFICE C.D. OFFICER, PAVAGADA TOWN PAVAGADA TALUK TUMKUR DISTRICT - 561 202 …RESPONDENTS (BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R2, VIDE ORDER DATED 22/11/2022, NOTICE TO R1, R3 & R5 IS DISPENSED WITH SRI. H.S. LINGARAJ, ADVOCATEFOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 28.10.2019, PASSED IN MVC NO.3874/2017, ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACMM., COURT OF SMALL CAUSES AND ADDITIONAL MACT, BENGALURU (SCCH-23), 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 NC: 2026:KHC:35431 MFA No. 1347 of 2020 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.3874/2017 vide judgment and award dated 28.10.2019 for the accidental death of one Chandrappa @ Chandranna. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 07.12.2012, Chandrappa @ Chandranna, a 60 year old died. 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 Chandrappa @ Chandranna. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR NC: 2026:KHC:35431 MFA No. 1347 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 5,34,600 2. Love & filial Affection 50,000 3. Medical expenses 20,000 4. Funeral Expenses & Transportation 10,000 5. Consortium 50,000 Total 6,64,600 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/- considering the avocation of the deceased, which, in my opinion, is just and proper. 6. Since the deceased was aged 60 years and was self-employed, 10% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.9,900/-. The Tribunal has erred in deducting the amount towards personal and living expenses at 50% even though the deceased has one dependant. As such, it would be just and proper to deduct 1/3rd towards personal and living - 5 - HC-KAR NC: 2026:KHC:35431 MFA No. 1347 of 2020 expenses. Accordingly, the income of the deceased would be Rs.6,600/- (9,900 - 1/3rd ). 7. As the deceased was aged 60 years, a multiplier of '9' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.7,12,800/- (6,600 x 12 x 9) towards “loss of dependency”. 10. The claimants, being the wife and children of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- (48,400 x 3) 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 7,12,800 2. Loss of Consortium 1,45,200 - 6 - HC-KAR NC: 2026:KHC:35431 MFA No. 1347 of 2020 3. Conventional Heads 36,300 Total 8,94,300 12. Accordingly, the claimants would be entitled for compensation of Rs.8,94,300/- as against Rs.6,64,600/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 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, and shall thereafter recover the same from the insured. 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.: 32