- 1 - HC-KAR CNR: KAHC010486852022 NC: 2026:KHC:37936 MFA No. 7232 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7232 OF 2022(MV-D) BETWEEN: 1. SMT PADMAMMA W/O LATE NARAYANASWAMY, AGED ABOUT 48 YEARS 2. MISS ASHA D/O LATE NARAYANASWAMY, AGED ABOUT 26 YEARS 3. MISS GEETHA D/O LATE NARAYANASWAMY, AGED ABOUT 25 YEARS 4. ARJUN S/O LATE NARAYANASWAMY, AGED ABOUT 21 YEARS 5. SMT. MUNILAKSHMAMMA W/O LATE VENKATASWAMY AGED ABUT 80 YEARS, ALL ARE RESIDING OF NO.741-2, RAMAKRISHNA LAYOUT ROAD, SRINIVASPURA, KOLAR 563 135 …APPELLANTS (BY SRI. ANIL KUMAR M, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486852022 NC: 2026:KHC:37936 MFA No. 7232 of 2022 AND: 1. THE REGIONAL MANAGER THE NEW INDIA ASSURANCE, COMPANY LTD, NO.2 UNITY BUILDING ANNEXE MISSION ROAD, BENGALURU 560 027 SRI. EDIGA CHANDRANNA S/O E NAGANNA H.NO6-16, BAVIPALLI PEAPULLY DHONE, KURNOOL, PEAPULLY ANDHRA PRADESH 518 221 (SINCE DEAD REPRESENTED BY L.R'S ) 2. SMT. LAKSHMIDEVI W/O LATE EDIGA CHANDRANNA MAJOR, H.NO.6-16, BAVIPALLI, PEAPULLY, DHONE, KURNOOL, PEAPULLY, ANDHRA PRADESH 518 221 …RESPONDENTS (BY SRI. SUDHAKAR REDDY S.V, ADVOCATE FOR R1, R2 - SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2021 PASSED IN MVC NO. 6125/2017 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES AND ADDITIONAL MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-23), 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 CNR: KAHC010486852022 NC: 2026:KHC:37936 MFA No. 7232 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimants, being the legal representatives of deceased-Narayanaswamy, are in appeal seeking for enhancement of compensation awarded by the Tribunal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 08.06.2018, Sri Narayanaswamy, a 49 year old died. 3. It is not in dispute that the Insurance Company 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 Sri Narayanaswamy. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) - 4 - HC-KAR CNR: KAHC010486852022 NC: 2026:KHC:37936 MFA No. 7232 of 2022 1. Loss of dependency 11,70.000 2. Loss of consortium 2,00,000 3. Loss of estate 15,000 4. Funeral expenses 15,000 Total 14,00,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased notionally at Rs.8,000/-. Since there is no credible documentary 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 2017, would be Rs.11,000/-. 6. As the deceased was aged 49 years, a multiplier of '13' would have to be applied and as he was self-employed, 25% requires to be added to his monthly income towards future prospects and 3/4th has to be deducted towards personal expenses. Thus, the claimants would be entitled to a sum of Rs.16.08,750/- (11,000 + 25% X 12 X 13 X 3/4) towards “loss of dependency”. - 5 - HC-KAR CNR: KAHC010486852022 NC: 2026:KHC:37936 MFA No. 7232 of 2022 7. The claimants, being the wife, daughters, son and mother of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- (48,400 x 5) and they would also be entitled to a 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. Particulars Amount (In Rs.) 1. Loss of Dependency 16,08,750 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 18,87,050 9. Thus, the claimants would be entitled for enhanced compensation of Rs.4,87,050/- 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 and - 6 - HC-KAR CNR: KAHC010486852022 NC: 2026:KHC:37936 MFA No. 7232 of 2022 as directed by the Tribunal, the same shall be recovered from the insured/respondent No.2 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.: 30