- 1 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 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.8099 OF 2022(MV-D) BETWEEN: 1. SMT K JAYAMMA AGED ABOUT 67 YEARS W/O LATE K. JAYARAMI REDDY 2. SRI. J. SURESH REDDY AGED ABOUT 42 YEARS S/O LATE K. JAYARAMI REDDY BOTH ARE RESIDENTCE OF NEAR GOVERNMENT. PRIMARY SCHOOL DEVASANDRA MAIN ROAD, K.R PURAM, BENGAURU 560 036 PERMANENT ADDRESS: MITTAPALLI, RAMA KUPPAM PALAMANER TALUK CHITTOR DISTRICT ANDRAPRADESH-517 408 …APPELLANTS (BY SRI. NAGARAJA REDDY D, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE CO.LTD., RGIC, NO.28, EAST WING 5TH FLOOR CENTRAL BUILDING, M.G ROAD, BENGLAURU-560 001 REP. BY ITS MANAGER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 2. BIRAJIT NAMA MAJOR S/O BIMAL KANTI NAMA POOJA COMPLEX 4TH FLOOR, ROOM NO.113, K.R PURAM, BENGALURU-560 036 3. K.L. PRATAP REDDY AGED ABOUT 40 YEARS S/O LATE K. JAYARAMI REDDY R/O MITTAPALLI VILLAGE RAMAKUPPAM PALAMANER TALUK CHITTOOR DISTRICT ANDRAPRADESH-517 408 …RESPONDENTS (BY SRI. VIJAYAKUMAR D, ADVOCATE FOR R1, VIDE ORDER DATED 13/03/2023, NOTICE TO R3 IS DISPENSED WITH VIDE ORDER DATED 30/06/2026, NOTICE TO R2 - BIRAJIT NAMA HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 28.03.2022, PASSED IN MVC NO.5734/2019, ON THE FILE OF THE II-ADDITIONAL JUDGE AND ACMM., COURT OF SMALL CAUSES, BENGALURU (SCCH- 13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 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.5734/2019 vide judgment and award dated 28.03.2022 for the accidental death of one Jayarami Reddy. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 19.12.2018, Jayarami Reddy, a 69 years 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 Jayarami Reddy and saddled the liability to the owner of the offending vehicle i.e., respondent No.2 herein. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 3,60,000 2. Loss of consortium 80,000 - 4 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 3. Loss of estate 20,000 4. Transportation of dead body, funeral and obsequies expenses 15,000 Total 4,75,000 4. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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 2018, would be Rs.12,500/-. 5. Since the deceased was aged 69 years, no future prospect is to be added. 6. The Tribunal has erred in deducting the amount towards personal and living expenses at 50% even though the deceased has two dependants. As such, it would be just and proper to deduct 1/3rd towards personal and living expenses. Accordingly, the income of the deceased would be Rs.8,333/- (12,500 - 1/3rd ). - 5 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 7. As the deceased was aged 69 years, a multiplier of '5' would have to be applied. 8. Consequently, the claimants would be entitled to a sum of Rs.4,99,980/- (8,333 x 12 x 5) towards “loss of dependency”. 9. The claimants, being the wife and son 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”. 10. 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 4,99,980 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 Total 6,33,080 - 6 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 11. Accordingly, the claimants would be entitled for compensation of Rs.6,33,080/- as against Rs.4,75,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. Admittedly the driver of the offending vehicle was not possessing valid driving license at the time of accident. In view of the law laid down by the Hon'ble Apex Court in the case of Pappu vs. Vinod Kumar Lamba and another reported in (2018) 3 SCC 208, the Tribunal ought to have fastened the liability on the insurer with liberty to recover the same from the insured. Accordingly, that portion of the impugned award stands modified. 13. The Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment. However, it shall be at liberty to recover the said amount from the insured in accordance with law. 14. Since respondent No.2 has attained majority, the apportionment made by the Tribunal requires modification. Accordingly, the entire compensation amount shall be released - 7 - HC-KAR NC: 2026:KHC:35404 MFA No. 8099 of 2022 in favour of the wife of the deceased i.e. the appellant No.1 herein. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 21