- 1 - HC-KAR CNR: KAHC010153642020 NC: 2026:KHC:37961 MFA No. 2635 of 2020 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. 2635 OF 2020 (MV) BETWEEN: 1. SMT. VIJAYALAKSHMI W/O LATE RAMESH KUMAR H AGED ABOUT 38 YEARS, 2. YASHAVANTH YADAV R S/O LATE RAMESH KUMAR H AGED ABOUT 42 YEARS 3. KUM MONISHA R D/O LATE RAMESH KUMAR H AGED ABOUT 19 YEARS, ALL ARE R/AT HOSADODDI DODDALATHURU KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT PIN-571 440 …APPELLANTS (BY SRI. SANATH KUMARA K.M, ADVOCATE) AND: 1. THIRUMURUGAN N, MAJOR S/O NATARAJAN R/AT DOOR NO.138 METTUPALYAM ROAD, ARIAPPAMPALAYAM Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010153642020 NC: 2026:KHC:37961 MFA No. 2635 of 2020 SATYAMANGALAM TAMIL NADU PIN-636 119 2. THE DIVISIONAL MANAGER M/S UNITED INDIA INSURANCE COMPANY LTD NO.2912, SRI VENKATESWARA OLAZA 1ST STAGE, SARASWATHIPRUAM MYSURU, PIN-570 009 …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2, VIDE ORDER DATED 01/02/2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.07.2019 PASSED IN REVIW PETITION NO.01.2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KOLLEGALA MVC NO. 453/2017, PARTLY ALLOWING THE CLAIM PETITION OF 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 the legal representatives of deceased-Ramesh Kumar, are before this Court seeking for enhancement of compensation. - 3 - HC-KAR CNR: KAHC010153642020 NC: 2026:KHC:37961 MFA No. 2635 of 2020 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 10.10.2017, Sri Ramesh Kumar, a 53 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 Ramesh Kumar. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 24,69,951 2. Loss of estate 15,000 3. Loss of consortium 40,000 4. Funeral expenses 15,000 Total 25,39,951 Rounded off to 25,40,000 - 4 - HC-KAR CNR: KAHC010153642020 NC: 2026:KHC:37961 MFA No. 2635 of 2020 5. The compensation awarded by the Tribunal at Rs.25,40,000/- towards 'loss of dependency' is just and proper and requires no interference. 6. The claimants, being the wife and children of deceased, each would be entitled to Rs.48,400/- i.e., in all Rs.1,45,200/- (48,400 x 3) towards ‘loss of consortium’. The claimants would also be entitled to sum of Rs.36,300/- under the ‘conventional heads’. 7. 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 24,69,951 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 26,51,451 8. Thus, the claimants would be entitled for compensation of Rs.26,51,451/- as against Rs.25,40,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. - 5 - HC-KAR CNR: KAHC010153642020 NC: 2026:KHC:37961 MFA No. 2635 of 2020 9. 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. 10. 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.: 34