- 1 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3184 OF 2022 (MV-D) BETWEEN: 1. SMT. RENUKA KARABANDA @ RENUKA, W/O LATE LAKSHMAN KARABANDA, AGED ABOUT 30 YEARS, 2. BHAGYA KARABAND, D/O LATE LAKSHMAN KARABANDA AGED ABOUT 11 YEARS, 3. SAVITHA KARABAND D/O LATE LAKSHMAN KARABAND AGED ABOUT 9 YEARS, 4. SHREYA KARABAND D/O LATE LAKSHMAN KARABAND AGED ABOUT 8 YEARS, 5. AMOGHA L, D/O LATE LAKSHMAN KARABAND AGED ABOUT 6 YEARS, APPELLANT NO.2 TO 5 ARE MINORS REP BY THEIR MOTHER THE APPELLANT NO.1 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 6. MALLAPPA KARABANDA, S/O LATE GOPALAPPA AGED ABOUT 59 YEARS, 7. PHAKIRAVVA KARABANDA, W/O MALLAPPA KARABANDA AGED ABOUT 56 YEARS, ALL ARE R/AT NO.7, VINAYAKANAGAR, HOSKOTE TOWN, BENGALURU 562114. …APPELLANTS (BY SRI. P.MAHADEVASWAMY, ADVOCATE) AND: 1. THE MANAGER, ROYAL SUNDARAM GEN. INS. CO. LTD. NO.30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN RAY ROAD, SAMPANGIRAMANAGAR ROAD, BENGALURU 27. 2. MR. BEERAPPA V, S/O VENKATESHAPPA, MAJOR, R/AT DODDAHASALA VILLAGE, K.N.S POST, KOLAR T AND D - 563101 …RESPONDENTS (BY SRI. P.B.RAJU, ADVOCATE; V/O/D 15.07.2026 NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.21.04.2021 IN MVC NO.6222/2019 ON THE FILE OF THE 12TH ADDITIONAL, ACMM, MACT, BENGALURU. - 3 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 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 preferred by the claimants 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 2019, Lakshman Karaband, a 34 years 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 one Lakshman Karaband. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 21,50,400 2. Loss of Consortium 40,000 3. Loss of estate 15,000 4. Funeral & Transportation charges 15,000 5. Parental consortium 1,60,000 6. Filial Consortium 80,000 Total 24,60,400 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 34 years and was self employed, 40% requires to be added to his monthly income towards future prospects, which would result in the income to be Rs.19,600/- (Rs.14,000 + Rs.5,600 = Rs.19,600/-). - 5 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 7. If 1/5th is deducted towards personal expenses, his monthly income would be Rs.15,680/-. (Rs.19,600 - 1/5). Hence, the income of the deceased for the purposes of determining the loss of dependency would thus be Rs.15,680/- 8. As the deceased was aged 34 years, a multiplier of '16' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.30,10,560/- (Rs.15,680 x 12 x 16) towards “loss of dependency”. 10. The Tribunal has attributed 20% contributory negligence to the deceased in respect of the accident. I have perused the sketch prepared by the Police, marked as Ex.P5, as well as the spot mahazar, marked as Ex.P3. A careful examination of these documents reveals that the deceased has hit the rear portion of the truck. In such circumstances, the Tribunal was justified in holding that the deceased had also contributed to the occurrence of the accident. However, upon overall appreciation of the oral and documentary evidence on record, I am of the - 6 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 considered view that the extent of contributory negligence attributed to the deceased requires modification. In my opinion, it would be just and appropriate to assess the contributory negligence of the deceased at 15% instead of 20%. Accordingly, the finding of the Tribunal attributing 20% contributory negligence to the deceased is modified, and the contributory negligence on the part of the deceased is reassessed at 15%. 11. The claimants being the dependents, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.3,38,800 (Rs.48,400 x 7) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 12. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars As awarded by the Tribunal (Rs.) As awarded by the this Court (Rs.) 1. Loss of Dependency 21,50.400 30,10,560 - 7 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 2. Loss of Consortium 2,40,000 3,38,800 3. Loss of Estate 15,000 - 4. Conventional Heads 15,000 36,300/- Sub Total 24,60,400 33,85,660 Less 15% contributory negligence 4,92,080 5,07,789 Total 19,68,320 28,77,811 13. Thus, the claimants would be entitled for compensation of Rs.28,77,811/- (after deducting the amount towards contributory negligence) as against Rs.19,68,320/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The Tribunal has erred while awarding interest to the compensation. As per the law laid down by Division Bench of this Court in MFA No.5896/2018 the rate of interest to be awarded shall be 6%. Hence the same is reduced to 6% as against 9% awarded by the Tribunal. - 8 - HC-KAR CNR: KAHC010171212022 NC: 2026:KHC:36525 MFA No. 3184 of 2022 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 GPG List No.: 1 Sl No.: 6