- 1 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4501 OF 2021 (MV-D) BETWEEN: KUM. NISCHITHA D/O LATE M.PHANEENDRA KUMAR AGED ABOUT 11 YEARS R/AT NO.1047/31A, 2ND MAIN, 6TH CROSS, VIDYARANYAPURAM, MYSURU - 67. REPRESENTED BY RAGHU M.B., S/O LATE BALAKRISHNA AGED ABOUT 41 YEARS R/AT NO.1047/31A 2ND MAIN, 6TH CROSS, VIDYARANYAPURAM, MYSURU DISTRICT - 67. …APPELLANT (BY SRI.K.GOVINDARAJ, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 AND: 1. NAGARAJU H.J., S/O LATE JAVARAIAH AGED ABOUT 32 YEARS R/AT NO.54, E BLOCK JOCKEY QUARTERS MYSURU - 65. 2. THE DIVISIONAL MANGER M/S UNITED INDIA INS. CO. LTD., NO.1134, DEVARU MANSION DR. AMBEDKAR ROAD, CHAMARAJAPURAM, MYSURU 570 004. …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.06.2020 PASSED IN MVC NO.583/2015 ON THE FILE OF THE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The appeal is filed seeking for enhancement of compensation. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 05.02.2015, Shruthi D.L. w/o late Phaneendra Kumar, 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 Shruthi D.L. w/o late Phaneendra Kumar. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of love and affection 50,000 - 4 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 2. Towards estate 15,000 3. Towards transportation and funeral expenses 25,000 4. Towards loss of dependency 6,72,000 Total 7,62,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.5,000/-. 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 2015, would be Rs.9,000/-. 6. Since the deceased was aged 34 years and was a home maker, 40% requires to be added to her monthly income towards future prospects, which would result in the income to be Rs.12,600/- (Rs.9,000 + Rs.3,600 = Rs.12,600/-). 7. The Tribunal has erred in deducting 50% of the income towards the personal expenses of the deceased. It is not in dispute that the claimant was a minor at the time of the - 5 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 accident. Though the present claim petition is confined to compensation arising out of the death of the claimant's mother, the fact remains that both the claimant's father and mother died in the same accident. In such circumstances, the claimant was left without either parent. Therefore, the Tribunal ought to have deducted only 1/3rd of the income towards the personal expenses of the deceased, instead of 50%. 8. If 1/3rd is deducted towards personal expenses, her monthly income would be Rs.8,400/- (Rs.12,600 - 1/3rd). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.8,400/-. 9. As the deceased was aged 34 years, a multiplier of '16' would have to be applied. 10. Consequently, the claimants would be entitled to a sum of Rs.16,12,800/- (Rs.8,400 x 12 x 16) towards “loss of dependency”. 11. The claimant being the daughter of the deceased, she would be entitled to a sum of Rs.48,400/- towards “loss of - 6 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 consortium” and she would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 12. Thus, the claimant, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 16,12,800 2. Loss of Consortium 48,400 3. Conventional Heads 36,300 Total 16,97,500 13. Thus, the claimant would be entitled for compensation of Rs.16,97,500/- as against Rs.7,62,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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. - 7 - HC-KAR CNR: KAHC010335492021 NC: 2026:KHC:36531 MFA No. 4501 of 2021 15. 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.: 4