- 1 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 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.1240 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.1167 OF 2021(MV-D) IN MFA No. 1240/2021 BETWEEN: SMT SHANTHAMMA AGED ABOUT 53 YEARS, W/O LATE PUTASWAMY, HOUSE WIFE AND WORKING IN GARMENT FACTORY, BENGALURU R/AT BILENAHALLI VILLAGE, DEVANOOR POST, SAKHARAYAPATNA HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 101 …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. ASIEF S/O AMEERJAN, AGED ABOUT 48 YEARS, EDGA MOHALLA TUMKUR TOWN. 2. SMT.G. RATHNAMMA AGED ABOUT 56 YEARS, W/O NARASIMAIAH R/O BALAJI NILAYA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 1ST ROSS ROAD, ASHOKNAGARA, TUMKUR. 3. THE RELIANCE GENERAL INSURANCE CO LTD TUMKUR-572 101 4. PRASANNA G.B, DRIVER. S/O BASAVALINGAPPA AGED ABOUT 35 YEARS, R/O G.KOPPALU VILLAGE, KASABA HOBLI, KADUR TALUK-577 548. 5. 6. C.S.MUDDURAJU, S/O SANNA HANUMAIAH PRASANTHA NAGARA BEHIND KERTC DEPO, CHITHAMANI BENGALURU-563 125. UNITED INDIA INS. CO. LTD SBLT BUILDING, POLYTECHNIC ROAD CHINTAMANI-563 125. …RESPONDENTS (BY SRI.H.C. BETSUR, ADVOCATE FOR R3, SRI. RAVISH BENNI, ADVOCATE FOR R6, VIDE ORDER DATED 28/06/2022, NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 16.01.2020, PASSED IN MVC NO.209/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALUR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1167/2021 BETWEEN: 1. SMT SHANTHAMMA AGED ABOUT 53 YEARS, W/O LATE PUTTASWAMY - 3 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 HOUSE WIFE AND WORKING IN GARMENT FACTORY, BENGALURU R/AT BILENAHALLI VILLAGE, DEVANOOR POST, SAKHARAYAPATNA HOBLI KADUR TALUK CHIKKAMAGALURU DISTRICT-577 101 2. LAVA KUMAR AGED 25 YEARS S/O LATE PUTTASWAMY, STUDENT R/O BELENAHALLI VILLAGE DEVANOOR HOBLI KADUR TALUK CHIKKAMAGALURU DISTRICT-577 101 ...APPELLANTS (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. ASIEF S/O AMEERJAN AGED ABOUT 48 YEARS, EDGA MOHALL TUMKUR TOWN 2. SMT G. RATHNAMMA AGED ABOUT 56 YEARS, W/O NARASIMAIAH R/O BALAJI NILAYA 1ST CROSS ROAD, ASHOKNAGARA, TUMKUR 3. THE RELIANCE GENERAL INSURANCE COMPANY LTD., TUMKUR-572 101 4. PRASANNA G B S/O BASAVALINGAPPA AGED 35 YEARS, R/O G KOPPALU VILLAGE KASABA HOBLI KADUR TALUK-577548 - 4 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 5. C.S MUDDURAJU S/O SANNA HANUMAIAH MAJOR, 45 YEARS PRASANTHA NAGA BEHIND KERTC, DEPO CHINTHAMANI BENGALURU-563 125 6. UNITED INDIA INS. CO. LTD B/O CHINTHAMANI SBLT BUILDING POLYTECHNIC ROAD CHINTHAMANI-563125 ...RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R3, SRI. RAVISH BENNI, ADVOCATE FOR R6 VIDE ORDER DATED 14/11/2025, NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.01.2020 PASSED IN MVC NO.208/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALUR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. These two appeals are directed against the common judgment and award dated 14.10.2020 passed in MVC Nos.208-209/2015 on the file of Senior Civil Judge and - 5 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 Motor Accidents Claims Tribunal at Kadur, Chikkamagaluru District (for short 'the Tribunal), whereby the Tribunal partly allowed the claim petitions filed by the claimants. Being dissatisfied with the compensation awarded by the Tribunal in both the claim petition, the claimants i.e., Shanthamma and Lavakumar in MVC No.208/2015 preferred MFA No.1167/2021 and the claimant-Shanthamma in MVC No.209/2015 preferred MFA No.1240/2021. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. IN MFA NO.1240/2021 3. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it just and appropriate to award additional compensation of Rs.30,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.87,647/-. Thus, the claimant is held entitled to the total compensation of Rs.1,17,647/- as against Rs.87,647/-. However, no interest is awarded in respect of additional global compensation of Rs.30,000/-. - 6 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 4. Since the liability against respondent No.6- Insurance Company is not proved before the Tribunal, respondent No.3-Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 5. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. 6. The amount in deposit, if any, shall be transmitted to the Tribunal. IN MFA NO.1167/2021 7. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased at Rs.5,800/- based on Ex.P9-salary certificate, which shows that he was an employee in grace supplies labour contractor and was earning the said sum. As such, the monthly income of the deceased assessed by the Tribunal at Rs.5,800/- is just and proper. - 7 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 8. As the deceased was aged 45 years, a multiplier of '14' would have to be applied and 25% requires to be added to his monthly income towards future prospects and 2/3rd has to be deducted towards personal expenses. Thus, the claimants would be entitled to a sum of Rs.8,12,000/- (5,800 + 25% X 12 X 14 X 2/3) towards “loss of dependency”. 9. The sum awarded as ‘medical expenses’ at Rs.1,60,692/-, being based on documentary evidence, do not call for modification and hence confirmed. (we added) 10. The claimants, being the wife and son of the deceased, they would each 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. 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 8,12,000 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 - 8 - HC-KAR CNR: KAHC010028882021 NC: 2026:KHC:39426 MFA No. 1240 of 2021 C/W MFA No. 1167 of 2021 4. Medical expenses 1,60,692 Total 11,05,792 12. Thus, the claimants would be entitled for enhanced compensation of Rs.45,100/- along with interest at the rate of 6% per annum on the said amount. 13. Since the liability against respondent No.6- Insurance Company is not proved before the Tribunal, respondent No.3-Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 14. 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.: 6