- 1 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.8156 OF 2022(MV-D) BETWEEN: 1. SMT. SHANTHA W/O. LATE ASHOK KUMAR. A. C., AGED ABOUT 26 YEARS, 2. KUM. TANMAYI D/O. LATE ASHOK KUMAR. A. C., AGED ABOUT 09 YEARS, 3. MASTER. YASHWANTH. A S/O. LATE ASHOK KUMAR. A. C., AGED ABOUT 06 YEARS, 4. SRI. CHAMARAJU. B S/O. BEERAIAH, AGED ABOUT 53 YEARS, 5. SMT. SHIVARATHNAMMA W/O. CHAMARAJU. B, AGED ABOUT 43 YEARS, SINCE APPELLANT NO.2 & 3 ARE MINORSS THEY ARE REP. BY THEIR MOTHER SMT. SHANTHA APPELLANTS ARE R/O. AJJANAHALLI, MAGADI TALUK, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 RAMANAGARA DISTRICT, PIN-561 201. …APPELLANTS (BY SRI. RAGHU R, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., D.O. III, MAHALAKSHMI COMPLEX, M.G. ROAD, BENGALURU-560 001, REP. BY ITS MANAGER. 2. M/S. DRN INFRASTRUCTURE REP. BY DINESH NAYAK, NAYAK HOUSE, 3RD FLOOR, GOKUL ROAD, HULBI-588 030, DHARWAD DISTRICT. …RESPONDENTS (BY SRI. A.M VENKATESH, 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 29.08.2022 PASSED IN MVC NO.3517/2021 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MACT, BENGALURU SCCH-2, 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: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 ORAL JUDGMENT 1. The appeal is filed seeking enhancement of compensation awarded by the Tribunal vide judgment and award dated 29.08.2022 in MVC.No.3517/2021 for the accidental death of one Ashok Kumar A.C. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 04.07.2021, Ashok Kumar A.C., a 29 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 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 Ashok Kumar A.C The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards Loss of Dependency 32,13,000 2. Loss of love & affection 2,00,000 - 4 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 3. Loss of Estate 15,000 4. Funeral expenses 15,000 Total 34,43,000 5. Learned counsel for the claimants would contend that the Tribunal has erred in assessing the monthly income of the deceased although the claimants produced the copy of the D.L. Ex.P.10 to substantiate that the deceased was holding the driving licence to drive heavy goods vehicle. He would further contend that the Tribunal has erred in awarding meager sum under all the heads. Accordingly, he would pray for allowing of the appeal by enhancing the compensation. 6. Per contra, learned counsel for the insurer would contend that the Tribunal has erred in assessing the monthly income of the deceased at Rs.15,000/- although there was no cogent evidence to substantiate the same. He would further contend that the Tribunal has erred in awarding exorbitant sum under all the heads. Accordingly, he would pray for dismissal of the appeal. - 5 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 7. I have given my anxious consideration for the submissions of learned counsel for both the parties and perused the material on record. 8. The Tribunal has determined the monthly income, notionally at Rs.15,000/-. Ex.P10 - driving licence of the deceased clearly depicts that the deceased was holding licence to drive light motor vehicle, motorcycle with gear, public service vehicle bus and transport vehicle category. In such circumstances, I deem it just and appropriate to assess the income of the deceased at Rs.20,000/-. 9. Since the deceased was aged 29, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.28,000/-. Since there are five dependents, 1/4th requires to be deducted towards personal expenses, which makes the monthly income to be Rs.21,000/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.21,000/- - 6 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 10. The deceased was aged 29 years, a multiplier of '17' would have to be applied. 11. Consequently, the claimants would be entitled to a sum of Rs.42,84,000/- (21,000 X 12 X 17 ) towards “loss of dependency”. 12. The claimants being the wife, minor children and parents of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs. 2,42,000/-and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 13. 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 42,84,000 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 45,62,300 - 7 - HC-KAR CNR: KAHC010558172022 NC: 2026:KHC:38567 MFA No. 8156 of 2022 14. Accordingly, the claimants would be entitled for compensation of Rs.45,62,300/- as against Rs.34,43,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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. 16. 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 PKS List No.: 1 Sl No.: 28