- 1 - HC-KAR CNR: KAHC010555792022 NC: 2026:KHC:38569 MFA No. 8153 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.8153 OF 2022(MV-D) BETWEEN: 1. SRI HARISH KUMAR K @ HARISH K S/O KRISHNAPPA, AGED ABOUT 44 YEARS, 2. SRI HEMANTHA KUMAR H S/O HARISH KUMAR K, AGED ABOUT 22 YEARS, 3. KUMARI BHAVYA H D/O HARISH KUMAR K, AGED ABOUT 20 YEARS, ALL ARE RESIDENT OF KURUBARAKUNTE, JANAHA COLONY, AVATHI, BANGALORE RURAL DISTRICT-562 110. …APPELLANTS (BY SRI. CHANDRASHEKAR RODNAVAR, ADVOCATE) AND: 1. THE BRANCH MANAGER THE IFFCO TOKIO GENERAL INSU. CO.LTD., SAI RANGA BUILDING, TG EXTENSION, HOSAKOTE-562 114, VEHICAL BEARING NO.KA439051, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010555792022 NC: 2026:KHC:38569 MFA No. 8153 of 2022 POLICY NO.1-12C42WRB VALID FROM 12/3/19 TO 11/3/2020 2. SK ENTERPRISES #SY.NO-96/1, MUDDANAYAKANAHALLI (V) B, IDALURU (P) DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT BANGALORE-562 110 (OWNER OF OFFENDING VEHICLE BEARING NO-KA-43-9051) …RESPONDENTS (BY SRI. JAGADISH P.S, ADVOCATE FOR R1, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.24.03.2021 PASSED IN MVC NO.3069/2019 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE, ACMM AND MEMBER, MACT, BENGALURU, 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 ORAL JUDGMENT 1. The appeal is filed seeking for enhancement of compensation awarded by the Tribunal vide judgment and award dated 24.03.2021 in MVC.No.3069/2019 for the accidental death of Lakshmamma. - 3 - HC-KAR CNR: KAHC010555792022 NC: 2026:KHC:38569 MFA No. 8153 of 2022 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 17.04.2019, Lakshmamma, a 40 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 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 Lakshmamma. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 14,99,940 2. Loss of Consortium 1,20,000 3. Funeral expenses & Transportation charges 15,000 4. Loss of estate 15,000 Total 16,49,940 - 4 - HC-KAR CNR: KAHC010555792022 NC: 2026:KHC:38569 MFA No. 8153 of 2022 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/- 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 2019 would be Rs.14,000/-. 6. Since the deceased was aged between 40 to 50 years, 25% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.17,500/-. Since there are three dependents, 1/3rd requires to be deducted towards personal expenses, which would result in the income to be Rs.11,667/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,667/-. 7. As the deceased was aged 40 years, a multiplier of '15' would have to be applied. - 5 - HC-KAR CNR: KAHC010555792022 NC: 2026:KHC:38569 MFA No. 8153 of 2022 8. Consequently, the claimants would be entitled to a sum of Rs.21,00,060/- (Rs.11,667 X 12 X 15) towards “loss of dependency”. 9. The claimants, being the husband and children of deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- (Rs.48,400 X 3) 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 21,00,060 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 22,81,560 11. Accordingly, the claimants would be entitled for compensation of Rs.22,81,560/- as against Rs.16,49,940/- awarded by the Tribunal. The enhanced compensation shall - 6 - HC-KAR CNR: KAHC010555792022 NC: 2026:KHC:38569 MFA No. 8153 of 2022 carry interest at the rate of 6% per annum from the date of petition till its realization. However, the claimants would not be entitled for interest for the delayed period. 12. 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. 13. 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.: 27