- 1 - HC-KAR CNR: KAHC010131792022 NC: 2026:KHC:42537 MFA No. 2656 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.2656 OF 2022(MV-D) BETWEEN: 1. SMT. DEEPTHI M W/O LATE GIRISH KUMAR @ GIRISH AGED ABOUT 27 YEARS 2. BABY THRUPTHI D/O LATE GIRISH KUMAR @ GIRISH AGED ABOUT 8 YEARS 3. SMT. BIRKU W/O LATE ANGARA AGED ABOUT 60 YEARS THE APPELLANT NO.2 IS MINOR AND REP. BY HER MOTHER AND NATURAL GUARDIAN, THE APPELLANT NO.1 HEREIN ALL ARE PERMANENT RESIDENT OF D.NO.1-15, BALAJE HOUSE KUNTHOORU POST PERABE, PUTTUR TQ PRESENTLY RESIDING AT MAHIMA NILAYA BEERI, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010131792022 NC: 2026:KHC:42537 MFA No. 2656 of 2022 KOTEKAR, MANGALORE …APPELLANTS (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO LTD., VARANASHI TOWERS MISSION STREET, BUNDER MANGALURU - 575 003 REPRESENTED BY ITS MANAGER 2. GULABHI K SHETTY W/O KARUNAKARA SHETTY AGED 46 YEARS R/O D.NO. 2-136/1 NALGUTTU HOUSE KALANJA POST AND VILLAGE SULLIA TQ, D.K. - 574 198 …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R1, VIDE COURT ORDER DATED 11/08/2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2021 PASSED IN MVC NO. 86/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND MACT, MANGALURU D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010131792022 NC: 2026:KHC:42537 MFA No. 2656 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.86/2019 vide judgment and award dated 07.04.2021 for the accidental death of one Girish Kumar @ Girish. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 07.04.2018, Girish Kumar @ Girish, a 33 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 Girish Kumar @ Girish. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010131792022 NC: 2026:KHC:42537 MFA No. 2656 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 16,32,000 2. Towards loss of consortium 40,000 3. Towards loss of love and affection 40,000 4. Towards funeral expenses 15,000 5. Towards loss of estate 15,000 Total 17,42,000 5. In order to arrive at the loss of dependency, the Tribunal has rightly determined the monthly income, notionally at Rs.12,500/-. 6. Since the deceased was aged 33 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.17,500/- (Rs.12,500/- + 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.11,667/- (17,500/- - 1/3rd). - 5 - HC-KAR CNR: KAHC010131792022 NC: 2026:KHC:42537 MFA No. 2656 of 2022 8. As the deceased was aged 33 years, a multiplier of '16' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.22,40,064/- (11,667 x 12 x 16) towards “loss of dependency”. 10. The claimants, being the wife, daughter and mother of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- (48,400 x 3) 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 22,40,064 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 24,21,564 - 6 - HC-KAR CNR: KAHC010131792022 NC: 2026:KHC:42537 MFA No. 2656 of 2022 12. Accordingly, the claimants would be entitled for compensation of Rs.24,21,564/- as against Rs.17,42,000/- awarded by the Tribunal, along with interest at the rate of 6% 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.: 13