- 1 - HC-KAR CNR: KAHC010250892020 NC: 2026:KHC:37195 MFA No. 5522 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5522 OF 2021(MV-D) BETWEEN: 1. SMT MUBEEN TAJ W/O ALLIA BAKASH, AGED 41 YEARS, 2. AFSHA SALAHA D/O ALLA BAKASH AGED 10 YEARS, (SINCE 2ND APPELLANT IS MINOR HENCE REP BY THEIR MOTHR AND NATURAL GUARDIAN 1ST APPELLANT) BOTH ARE R/AT NO.102, KAGGALIPURA, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH, BENGALURU-560 082. …APPELLANTS (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. RELIANCE GENERAL INS.CO.LTD., OFFICE AT 2ND FLOOR, BALAJI ENCLAVE, NO.782, ABOVE BATA SHOWROOM, 16TH MAIN ROAD, 2ND STAGE, BTM LAYOUT, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010250892020 NC: 2026:KHC:37195 MFA No. 5522 of 2021 BENGALURU-560 075 REP BY ITS MANAGER. 2. MEGHA TRAVELS REP BY ITS PROPRIETOR, OFFICE AT NO.637, 14TH CROSS, 8TH MAIN ROAD, J.P.NAGAR 3RD PHASE, BENGALURU-560 078. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2019 PASSED IN MVC NO. 2001/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 claimants, being dissatisfied with the compensation of Rs.15,06,400/- awarded by the Tribunal in MVC No.2001/2019 dated 07.09.2019, is in appeal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 13.03.2019, Sri. Afroz Pasha, a 20 year old died. - 3 - HC-KAR CNR: KAHC010250892020 NC: 2026:KHC:37195 MFA No. 5522 of 2021 3. It is not in dispute that the offending vehicle was insured with respondent No.1 -Insurance Company. 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 Afroz Pasha. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 14,36,400 2. Towards loss of estate 15,000 3. Towards transportation of dead body, funeral and obsequies ceremony expenses 15,000 4. Towards loss of filial consortium 40,000 Total 15,06,400 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased at Rs.9,500/-. 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 - 4 - HC-KAR CNR: KAHC010250892020 NC: 2026:KHC:37195 MFA No. 5522 of 2021 Legal Services Authority, which, for the accident of the year 2019, would be Rs.14,000/-. 6. Since the deceased was aged about 20 years, appropriate multiplier would be '18' and 40% future prospects requires to be added and as he was a bachelor, 50% requires to be deducted towards his personal expenses. Thus, the claimants would be entitled to Rs.21,16,800/- (14,000 + 40% - 50% X 12 X 18) towards 'loss of dependency' as against Rs.14,36,400/- awarded by the Tribunal. 7. The claimants, being the mother of and minor sister deceased, each would be entitled to Rs.48,400/- i.e., in all Rs.96,800/- (48,400 x 2) towards ‘loss of consortium’. The claimants would also be entitled to sum of Rs.36,300/- under the ‘conventional heads’. 8. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Compensation under different Heads (Rs.) 1. Loss of Dependency 21,16,800 2. Loss of consortium 96,800 - 5 - HC-KAR CNR: KAHC010250892020 NC: 2026:KHC:37195 MFA No. 5522 of 2021 9. Thus, the claimants would be entitled for enhanced compensation of Rs.7,43,500/- along with interest at the rate of 6% per annum on the said amount. 10. 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. 11. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The amount in deposit, if any, shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 48 3. Conventional heads 36,300 Total 22,49,900