- 1 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5387 OF 2022(MV-D) BETWEEN: 1. SMT SAKAMMA W/O LATE SIDDAMADASHETTY AGED 49 YEARS 2. SRI SIDDAPPA S S/O LT SIDDAMADA SHETTY AGED 22 YEARS 3. SMT MANJULA W/O VENKATESH AGED 29 YEARS 4. SMT RAJANI W/O SURESH S AGED 24 YEARS 1ST AND 2ND APPELLANTS R/AT BOMMANAHALLI VILLAGE SATHNOOR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 3RD APPELLANT R/AT SHIVANAHALLI VILLAGE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 4TH APPELLANT R/AT KALKEREDODDI VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT 562 117 …APPELLANTS (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. BAJAJ ALLIANZ GEN.INS.CO.LTD OFFICE AT, GOLDEN HEIGHTS 4TH FLOOR NO 1/2, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BANGALORE 560 010 REP BY MANAGER 2. SRI PRATHAP S/O KRISHAPPA AGED MAJOR R/AT NO 14, HOUSE NO 10 NEAR VELKAN HONGASANDRA BOMMANAHALLI BANGALORE 560 068 …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2021 PASSED IN MVC NO. 3399/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MACT, BENGALURU (S.C.C.H-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 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.3399/2020 vide judgment and award dated 17.12.2021 for the accidental death of one Siddamadashetty. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 20.09.2020, Siddamadashetty, a 59 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 Siddamadashetty. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 Sl. No. Head of compensation Calculation Rs. Amount / Rs. 1. Monthly income 13,000 2. Deduction of 1/3rd out of income of the deceased towards personal expenses 13,000 4,333 8,667 3. Annual income of the deceased 8,667 X 12 1,04,004 4. Compensation after multiplier applied 1,04,004 X 9 9,36,036 5. Loss of estate 15,000 6. Funeral expenses 15,000 7. Loss of filial consortium of petitioner No.1 40,000 8. Loss of parental consortium of petitioner Nos.2 to 4 40,000 X 3 1,20,000 Total 11,26,036 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.13,000/-. 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 - 5 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 Legal Services Authority, which, for the accident of the year 2020, would be Rs.14,500/-. 6. Since the deceased was aged 59 years and self employed, 10% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.15,950/- (Rs.14,500/- + 40%) 7. Since claimant Nos.1 and 2 are the wife and son of the deceased, while claimant Nos.3 and 4 are his married daughters residing in their respective matrimonial homes, they cannot be considered as dependants of the deceased. Therefore, claimant Nos.1 and 2 alone are to be considered as dependants. In the circumstances, the Tribunal was justified in deducting 1/3rd of the income towards the personal and living expenses of the deceased. Accordingly, out of the monthly income of Rs.15,950/-, after deducting 1/3rd, the monthly income for the purpose of computing loss of dependency is taken at Rs.10,633/-. 8. As the deceased was aged 59 years, a multiplier of '9' would have to be applied. - 6 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 9. Consequently, the claimants would be entitled to a sum of Rs.11,48,400/- (Rs.10,633/- x 12 x 9 = 11,48,364, which is rounded off to 11,48,400/-) towards “loss of dependency”. 10. The claimants, being the 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.1,93,600/- (48,400 x 4) 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 11,48,400 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 13,78,300 12. Accordingly, the claimants would be entitled for compensation of Rs.13,78,300/- as against Rs.11,26,036/- - 7 - HC-KAR CNR: KAHC010344842022 NC: 2026:KHC:43246 MFA No. 5387 of 2022 along with interest at the rate of 6% interest per annum from the date of petition till its realization. 13. 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. 14. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 15. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 9