- 1 - HC-KAR CNR: KAHC010125592021 NC: 2026:KHC:42538 MFA No. 1624 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1624 OF 2022(MV-D) BETWEEN: 1. SMT.M.H.SWETHA W/O. LATE. D.M MANU, AGED ABOUT 23 YEARS 2. SMT. LATHA W/O. LATE. MAHADEVEGOWDA AGED ABOUT 48 YEARS BOTH ARE R/AT DODDABOGANAHALLI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA 571 434 …APPELLANTS (BY SRI. P MAHADEVASWAMY, ADVOCATE) AND: 1. SWAMY M.C. S/O. CHIKKEGOWDA, AGED ABOUT 41 YEARS K. MALLENAHALLI VILLAGE, CHINAKURALI TALUK, PANDAVAPURA TALUK, MANDYA 571434 2. THE MANAGER, UNITED INDIA INSURANCE CO LTD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010125592021 NC: 2026:KHC:42538 MFA No. 1624 of 2022 T.P SUB-CHAMARAJAPURA, NEAR BALLAL CIRCLE, MYSURU-15 …RESPONDENTS (BY SRI. RAJENDRA HEGDE, ADVOCATE SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.02.2019 PASSED IN MVC NO.1683/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, 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: 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.1683/2017 vide judgment and award dated 14.02.2019 for the accidental death of one Manu. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 11.09.2017, Manu, a 28 years old died. 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. - 3 - HC-KAR CNR: KAHC010125592021 NC: 2026:KHC:42538 MFA No. 1624 of 2022 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 Manu. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency for petitioner who are the wife, children and mother of deceased 17,13,600 2. Medical expenses 98,603 3. On traditional heads A. Loss of consortium B. Loss of love and affection C. Towards funeral expenses 40,000 15,000 15,000 Total 18,82,203 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to - 4 - HC-KAR CNR: KAHC010125592021 NC: 2026:KHC:42538 MFA No. 1624 of 2022 adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 6. Since the deceased was aged 28 years and was self employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.15,400/- (Rs.11,000/- + 40%). 7. The Tribunal has rightly deducted 1/3rd of the income of the deceased towards his personal and living expenses. Accordingly, the income of the deceased would be Rs.10,267/- (15,400/- - 1/3rd). 8. As the deceased was aged 28 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.20,94,468/- (10,267 x 12 x 17) towards “loss of dependency”. 10. The claimants, being the wife and mother of the deceased, each would be entitled to a sum of Rs.48,400/- - 5 - HC-KAR CNR: KAHC010125592021 NC: 2026:KHC:42538 MFA No. 1624 of 2022 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.98,603/- 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 20,94,468 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 4. Medical expenses 98,603 Total 23,26,171 13. Accordingly, the claimants would be entitled for compensation of Rs.23,26,171/- as against Rs.18,82,203/-. The enhanced compensation amount shall carry 6% interest per annum from the date of petition till its realization, however, - 6 - HC-KAR CNR: KAHC010125592021 NC: 2026:KHC:42538 MFA No. 1624 of 2022 the appellants are not entitled for the interest for the delayed period in filing the appeal. 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 apportionment of compensation amount shall be in terms of the award of the Tribunal. 16. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 21