- 1 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3332 OF 2023 (MV-D) BETWEEN: SRI. KANTHARAJ @ KANTHARAJU B.K., AGED ABOUT 41 YEARS, S/O KEMPAIAH, R/A NO.36, SUNIL NILAYA, 3RD CROSS, MALAGALA, RAMAKRISHNA LAYOUT, BENGALURU - 560 072. PERMANENT ADDRESS: NO.335, S.C. COLONY, BELAKAVADI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 417. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. N. YOGESH, MAJOR, S/O M. NARASIMHAIAH, R/A NO.71, AIYYANAHALLI, DODDAHEJJAJI POST, DODDABALLAPURA TALUK, DODDABALLAPURA HOBLI, BENGALURU RURAL DISTRICT - 561 204. 2. CHOLAMANDALAM M S GENL. INSURANCE CO. LTD. UNIT, IV, 9TH FLOOR (LEVEL 06), Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH 'M' BLOCK, BENGALURU - 560 010, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2; VIDE ORDER DATED 11.07.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2023 PASSED IN MVC NO.2950/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 03.03.2023 passed in MVC No.2950/2021 by XXIII Additional Small Causes Judge and MACT, Bengaluru. 2. Even though the matter is listed today for admission, with the consent of both the learned counsel - 3 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the death of wife of the claimant in a road traffic accident which took place on 01.07.2021 contending that the accident occurred due to rash and negligent driving by the driver of Tata Goods vehicle bearing registration No.KA-52-A-1349. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Medical expenses Rs. 4,188/- 2. Funeral and obsequies Rs. 20,000/- 3. Loss of consortium Rs. 40,000/- 4. Loss of estate Rs. 10,24,128/- Total Rs. 10,88,316/- (Rounded off to Rs.10,88,500/-) - 4 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed the respondent No.2/insurer to deposit the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant would contend that, the appellant/claimant is the husband of the deceased and he is working as a Driver in ESI Hospital and the deceased was doing house keeping work and earning Rs.16,000/- p.m. The Tribunal erred in awarding loss of estate on the ground that the claimant is the husband and he is working and earning and not dependant on the deceased. The Tribunal only awarded loss of estate taking the income deducting 2/3rd and considering only 1/3rd of the income towards savings. The Tribunal has not taken - 5 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 into consideration escalation while awarding compensation under conventional heads. With these, he prayed to allow the appeal and enhance the compensation. 8. Learned counsel for respondent No.2/insurer would contend that, the claimant is the husband of the deceased and he is employed, earning and not dependant on the deceased. Considering the said aspect, the Tribunal has only awarded 1/3rd of the income of the deceased taking the multiplier '16' towards loss of estate. The Tribunal has also considered that the claimant was not residing with the deceased based on the address mentioned in the Aadhar card. Considering all these aspects, the Tribunal has rightly awarded the compensation and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award. - 6 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 10. The accident occurred on 01.07.2021 and as on the date of accident the deceased was aged thirty three (33) years. The Tribunal considering the evidence of P.W.2 - the employer and Ex.P20 - Salary slips has taken the income of the deceased at Rs.16,000/- p.m. The Tribunal has rightly applied multiplier '16' considering the age of the deceased as thirty three (33) years. 11. The Tribunal has not awarded compensation under loss of dependency on the ground that the claimant is the husband and he is working as a Driver and earning and only awarded 1/3rd of the income of the deceased towards loss of estate by taking multiplier '16'. The Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED vs. BIRENDER AND OTHERS reported in (2020) 11 SCC 356 has considered that even if the claimants are not dependants on the deceased, in the income of the deceased, 50% is to be deducted while awarding loss of dependency. In the case - 7 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 on hand, even though the claimant is the husband working as a Driver and earning Rs.15,000/- p.m., his earning is meager. In view of the same, loss of dependency is calculated as under: Rs.16,000/- + 40% (future prospects) (Rs.6,400/-) = Rs.22,400/- - 50% = Rs.11,200/- x 12 x 16 = Rs.21,50,400/- 12. The claimant being a husband, he is entitled to consortium in a sum of Rs.40,000/- with 10% escalation i.e., in a sum of Rs.44,000/-. The claimant is also entitled to funeral expenses and transportation of dead body in a sum of Rs.16,500/- (Rs.15,000/- + 10% escalation) and loss of estate in a sum of Rs.16,500/- (Rs.15,000/- + 10% escalation). 13. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: - 8 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 Sl. No. Particulars Amount 1. Medical expenses Rs. 4,188/- 2. Loss of dependency Rs. 21,50,400/- 3. Funeral and obsequies Rs. 16,500/- 4. Loss of consortium Rs. 44,000/- 5. Loss of estate Rs. 16,500/- Total Rs. 22,31,588/- 14. The claimant is entitled to total compensation of Rs.22,31,588/- as against Rs.10,88,500/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 15. Consequently, the claimant is entitled to enhanced compensation of Rs.11,43,088/- (Rs.22,31,588/- - Rs.10,88,500/-) with interest at the rate of 6% per annum from the date of petition till realisation. 16. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 17. In view of the above, the following: - 9 - HC-KAR CNR: KAHC010249352023 NC: 2026:KHC:39238 MFA No. 3332 of 2023 ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.11,43,088/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 39