- 1 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5956 OF 2022(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.5155 OF 2021(MV-D) IN MFA No. 5956/2022 BETWEEN: 1. SMT MANJULA M C W/O LATE MANJUNATH H.S NOW AGED ABOUT 32 YEARS 2. PRAJWAL .H.M S/O LATE MANJUNATH H.S NOW AGED ABOUT 12 YEARS 3. PREKSHITH H.M D/O LATE MANJUNATH H.S NOW AGED ABOUT 10 YEARS 4. GANGAMMA W/O SHIVAIAH NOW AGED ABOUT 57 YEARS 5. SHIVAIAH S/O LATE DODDAIAH NOW AGED ABOUT 69 YEARS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 2ND AND 3RD MINOR APPELLANTS THEIR NATURAL GUARDIAN/MOTHER ALL ARE RESIDENTS AT ECHANUR VILLAGE, KASABA HOBLI, TIPTUR TALUK, TUMKUR DISTICT …APPELLANTS (BY SRI. GOPAL KRISHNA N, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: 1. VANI K HEBBAR D/O CHANDRASHEKHAR HEBBAR NOW AGED ABOUT 52 YEARS RESIDING AT NO. 302, BLOCK 'A' 4TH MAIN, 4TH CROSS HANUMA HILLS LAYOUT HERAHALLI, BANGALORE 560 061 2. THE MANGER RELIANCE GENERAL INSURANCE CO LTD BRANCH OFFICE EAST WING, 5TH FLOOR NO.28, CENTENARY BUIDING, M.G. ROAD BANGALORE 560 001 …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2, VIDE ORDER DATED 23.09.2023, NOTICE TO R1 IS DISPENSED WITH) - 3 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.04.2021 PASSED IN MVC NO. 1371/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5155/2021 BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD BRANCH OFFICE, EAST WING, 5TH FLOOR, NO.28, CENTENARY BUILDING, M.G. ROAD, BENGALURU 560 001 REP. BY ITS MANAGER LEGAL ...APPELLANT (BY SRI. D VIJAYAKUMAR, ADVOCATE) AND: 1. SMT. MANJULA M.C W/O.LATE. MANJUNATH H S, AGED ABOUT 31 YEARS 2. PRAJWAL H.M W/O.LATE. MANJUNATH H S, AGED ABOUT 11 YEARS 3. PREKESHITH H.M D/O.LATE. MANJUNATH H S, AGED ABOUT 9 YEARS SINCE THE RESPONDENT NO.2 & 3 ARE MINORS, REP BY THEIR MOTHER & NATURAL - 4 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 GUARDIAN SMT. MANJULA M.C. RESPONDENT NO.1) 4. SMT. GANGAMMA W/O. SHIVAIAH, AGED ABOUT 56 YEARS 5. SRI. SHIVAIAH D/O. LATE. DODDAIAH AGED ABOUT 68 YEARS ALL ARE R/AT ECHANUR VILLAGE, KASABA HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572 201. 6. VANI K HEBBAR D/O. CHANDRASHEKAR HEBBAR, AGED ABOUT 51 YEARS R/AT NO. 302, BLOCK "A", 4TH MAIN, 4TH CROSS, HANUMA HILLS ROAD, HERAHALLI, BANGALORE CITY-560 061 ...RESPONDENTS (R2 TO R3 ARE MINORS REP.BY R1, R1 TO R6 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.04.2021 PASSED IN MVC NO.1371/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., TIPTUR, AWARDING COMPENSATION OF RS. 17,00,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF THE PETITION TILL REALIZATION. - 5 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 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 arise out of judgment and award dated 08.04.2021 passed in M.V.C.No.1371/2018 by the Senior Civil Judge and JMFC, Tiptur (for short, 'the Tribunal'), wherein the Tribunal has partly allowed the claim petition filed by the claimant by awarding compensation of Rs.17,00,000/- with 9% interest per annum. M.F.A.No.5956/2022 is preferred by the claimant and M.F.A.No.5155/2021 is preferred by the insurance company. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 04.05.2018, Manjunath, a 30 years old died. 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. - 6 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 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 Manjunath. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Love and affection 3,00,000 2. Loss of dependency 13,60,000 3. Funeral and transportation expenses 40,000 Total 17,00,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 2018, would be Rs.12,500/-. 6. Since the deceased was aged 30 years and was self employed, 40% requires to be added to the monthly income - 7 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 towards future prospects, which would result in the income to be Rs.17,500/- (Rs.12,500/- + 40%). 7. The Tribunal has erred in deducting 1/3rd of the income of the deceased towards his personal and living expenses even though there are five dependents. As such, 1/4th has to be deducted towards his personal and living expenses. Accordingly, the income of the deceased would be Rs.13,125/- (17,500/- - 1/4rd). 8. As the deceased was aged 30 years, a multiplier of '17' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.26,77,500/- (13,125 x 12 x 17) towards “loss of dependency”. 10. The claimants, being the father, mother, wife and children of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- (48,400 x 5) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. - 8 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 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 26,77,500 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 29,55,800 12. Accordingly, the claimants would be entitled for compensation of Rs.29,55,800/- as against Rs.17,00,000/-. However, in view of the judgment of the Division Bench of this Court in the case of Ms. Joyeeta Bose and others vs. Venkateshan V., and others in M.F.A.No.5896/2018, the Tribunal ought to have awarded the 6% interest instead of 9%. Accordingly, the interest awarded by the Tribunal is modified and the claimants are entitled for 6% interest for the compensation amount. 13. The Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a - 9 - HC-KAR CNR: KAHC010384812022 NC: 2026:KHC:42368 MFA No. 5956 of 2022 C/W MFA No. 5155 of 2021 period of 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. 15. The appeals are accordingly allowed in part. 16. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 13