- 1 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2273 OF 2024 (MV-I) BETWEEN: 1. SMT. SAKAMMA W/O LATE NANJUNDASWAMY AGED ABOUT 50 YEARS. 2. SRI HEMANTH KUMAR S/O LATE NANJUNDASWAMY AGED ABOUT 32 YEARS. 3. SMT. JAYALAKSHMI D/O LATE NANJUNDASWAMY AGED ABOUT 35 YEARS. ALL ARE R/AT: No.4447 ASHWATHAKATTE ROAD 11TH CROSS, KYATHAMARANAHALLI UDAYAGIRI POST MYSURU-570 019. 4. SMT. SHOBHA D/O LATE NANJUNDASWAMY W/O DINESHACHAR AGED ABOUT 37 YEARS R/AT MALURPATNA VILLAGE KADLUR POST, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 5. SRI YOGESH S/O LATE NANJUNDASWAMY AGED ABOUT 48 YEARS R/AT No.31/4, 1ST CROSS GAYATHRIPURAM MYSURU-570 019. 6. SRI YASHAWANTHA S/O LATE NANJUNDASWAMY AGED ABOUT 45 YEARS R/AT: No.663, NEAR ESHWARA TEMPLE MANDI MOHALL, KAMATAGERI MYSURU-570 021. 7. SRI JNANESH S/O LATE NANJUNDASWAMY AGED ABOUT 43 YEARS R/AT No.1735/A BACKSIDE OF K N PURA JATAPPA CIRCLE MYSURU-570 005. …APPELLANTS (BY SRI RAJU S, ADVOCATE) AND: 1. M.S. JOOM CAR INDIA PVT. LTD., 7TH FLOOR, TOWER B DIAMOND DISTRICT HAL AIRPORT ROAD, KODIHALLI BENGALURU-560 008. 2. THE NATIONAL INSURNACE COMPANY LIMITED (LEGAL MANAGER) No.144 SUBBARAO COMPLEX, M .G ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI SHANKARA REDDY, ADVOCATE FOR R2 V/O DTD. 12.02.2026, NOTICE TO R1 IS DISPENSED WITH) - 3 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.01.2024 PASSED IN MVC No.508/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, CHANNAPATNA, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by claimants seeking enhancement of compensation awarded in the judgment and award dated 05.01.2024 passed in MVC No.508/2019 by Senior Civil Judge and MACT, Channapatna. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2 –insurer. 3. Appellants -claimants made a claim petition praying to award compensation for the death of Nanjundaswamy (husband of claimant No.1 and father of claimant Nos.2 to 7) in a road traffic accident occurred on - 4 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 02.09.2019 contended that the accident occurred due to the rash and negligent driving of the driver of Mahendra Zoom Car bearing registration No. KA-51/AA-2276. The Tribunal after recording evidence, appreciating evidence on record has assessed the compensation and awarded compensation under various heads as under: SL No. Compensation under the Heads Amount in Rs. 1 Loss of Dependency (For 1st petitioner) 9,68,088/- 2 Loss of Estate(For 1st petitioner) 16,000/- 3 Spousal consortium to petitioner No.1 44,0000/- 4 Parental Consortium to petitioner No.2 to 7 (Rs.44,000/- each) 2,64,000/- 5 Funeral Expenses 16,000/- Total 13,08,088/- 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2 –insurer to deposit the amount with interest. Claimants seeking enhancement of compensation have filed present appeal. 5. Heard learned counsel for appellants – claimants and learned counsel for respondent No.2 –insurer. - 5 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 6. Learned counsel for appellants would contend that the deceased was working as security guard and the accident has taken place in the year 2019 and as per chart prepared by State Legal Services Authority, the notional income for the year 2019 is Rs.14,000/- and The Tribunal has taken the income of the deceased at Rs.10,000/-. Claimants being seven in numbers are dependants, the deduction towards personal expenses should be 1/4th as against 1/3rd as taken by the Tribunal. 7. Learned counsel for respondent No.2 – insurer would contend that claimant No.1 is only dependant and other children are major and married persons. Therefore, considering the same, the Tribunal has rightly taken deduction at 1/3rd towards personal expenses of the deceased. The Tribunal has awarded just compensation under other heads. 8. Having heard learned counsels, the Court has perused the judgment and award. - 6 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 9. The date of accident is 02.09.2019. The deceased is said to be working as security guard. Claimants have not established the income of the deceased. The Tribunal has taken the income of the deceased at Rs.10,000/- per month. As per the chart prepared by Karnataka State Legal Services Authority, notional income for the year 2019 is Rs.14,000/- per month and therefore, the said income is to be taken as against Rs.10,000/- as taken by the Tribunal. The Tribunal has rightly added 10% towards future prospects and deducted 1/3rd towards personal expenses of the deceased. Claimant No.1 is wife and she is dependant on the deceased and other claimants are major sons and daughters of the deceased. Considering the said aspect, the Tribunal has rightly taken the deductions towards personal expenses of the deceased. The Tribunal has rightly applied multiplier 11. In view of the above, loss of dependency is calculated as under: Rs.14,000/- + 10% (1,400) =Rs.15,400/- less 1/3rd = Rs.10,267/-x12x11=13,55,244/-. - 7 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 10. The Tribunal has rightly awarded consortium, loss of estate and funeral expenses. Considering the above, claimants are entitled to enhanced compensation of Rs.3,87,156/- (Rs.13,55,244/- minus Rs.9,68,088/-) under the head of loss of dependency with interest at rate of 6% per annum from the date of petition till reliasation. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest. 11. In view of the above, the following ORDER i) The appeal is allowed in part. ii) Appellants –claimants are entitled to enhanced compensation of Rs.3,87,156/- with interest at the rate of 6% per annum from the date of petition till realisation, iii) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day, - 8 - HC-KAR CNR: KAHC010200432024 NC: 2026:KHC:37039 MFA No. 2273 of 2024 failing which it is liable to pay interest at the rate of 9% per annum from this day till payment. iv) Claimant No.1 is entitled to release of entire compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 38