- 1 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6479 OF 2022 (MV-D) BETWEEN: 1. SRI. RAVI S/O LATE KUNNE GOWDA AGED ABOUT 50 YEARS 2. SMT. KEMPAMMA W/O RAVI AGED ABOUT 49 YEARS BOTH ARE R/AT: WARD NO.16 MAHARAJA KATTE KANAKAPURA TOWN AND TALUK RAMANAGARA DISTRICT - 562 117 …APPELLANTS (BY SRI. PRAKASH M H., ADVOCATE) AND: 1. LIBERTY GEN. INS. CO. LTD, OFFICE AT NO.21/15, THE LANDMARK 4TH FLOOR, NEAR TRINITY METRO RICHMOND TOWN M G ROAD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 BENGALURU-560001 REP BY ITS MANAGER 2. DR. MANJUNATHA PRASAD M V S/O VENKATARAMANAPPA AGE MAJOR R/A MADANA HATTI VILLAGE MALUR TALUK KOLAR DISTRICT -563 130 …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI, ADVOCATE FOR R1; NOTICE TO R2-DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2022 PASSED IN MVC NO.2923/2020 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU (SCCH-15), 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: - 3 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The appeal is filed seeking for enhancement of compensation awarded in M.V.C.No.2923/2020 vide judgment and award dated 22.06.2022 for the accidental death of one Kumar R. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 08.08.2020, Kumar R., a 29 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 Kumar R. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Loss of consortium 40,000 2. Loss of love and affection 50,000 3. Loss of Estate 15,000 4. Funeral expenses 15,000 5. Transportation of dead body 5,000 6. Loss of dependency 20,70,600 7. Medical expenses 24,200 Total 22,19,800 5. The Tribunal has taken the notional income of the deceased at Rs.14,500/-, despite the claimants are produced Ex.P10 - driving license and Ex.P11 i.e, Identification card issued by the Raymond show room to substantiate that he was working as supervisor and was earning a income of Rs.15,000/-. Further, the claimants also produced Ex.P12 that identification card of Swiggy. It is contended by the learned counsel for the appellants that after the working hours in Raymond show room, deceased used to engage in delivery of food in swiggy and contended that in swiggy delivery, he used - 5 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 earn at Rs.10,000/- per month. Considering the evidence of PW.1 and also Exs.P11 to P13, I am of the considered view that the income of the deceased could be taken at Rs.16,000/- instead of Rs.14,500 i.e., taken by the tribunal. Accordingly his income is taken at Rs.16,000/-. 6. Since the deceased was aged 29 years and was employed in a private company, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.22,400/- (Rs.16,000/- + 40%) 7. Since the deceased was bachelor, 50% is deducted towards personal expenses, his monthly income would be Rs.11,200/- (Rs.22,400/- - 50%). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,200/-. 8. As the deceased was aged 29 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.22,84,800/- (11,200 x 12 x 17) towards “loss of dependency”. - 6 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 10. The claimants, being the parents of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.96,800/- (48,400 x 2) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 11. The sum awarded as medical expenses at Rs.24,200/- being based on the documentary evidence, do not call for modification and hence confirmed. 12. 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 22,84,800 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 4. Medical expenses 24,200 Total 24,42,100 13. Accordingly, the claimants would be entitled for compensation of Rs.24,42,100/- as against Rs.22,19,800/- - 7 - HC-KAR CNR: KAHC010426342022 NC: 2026:KHC:39310 MFA No. 6479 of 2022 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 compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment 15. The appeal is accordingly allowed in part. 16. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 17. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 23