- 1 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.5328/2020 (MV-D) BETWEEN: 1. SMT. PARVATHI .M W/O LATE VEERESHA AGED ABOUT 25 YEARS. 2. RAMESHA .V S/O LATE VEERESHA AGED ABOUT 7 YEARS. 3. UMESHA .V S/O LATE VEERESHA AGED ABOUT 5 YEARS. APPELLANT 2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER PARVATHI. 4. GALGAL HONNURAPPA S/O GALGAL ERADALAPPA AGED ABOUT 61 YEARS. 5. LAKSHMIDEVI W/O GALGAL HONNURAPPA AGED ABOUT 51 YEARS. ALL ARE AGRICULTURIST PERMANENT RESIDENT OF VENKATAPURA VILLAGE NOW R/O MADAKARIPURA VILLAGE CHITRADURGA TALUK AND DISTRICT 577501. …APPELLANTS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 (BY SRI. SHASHISHEKARA, ADV., FOR SRI. SIDDAPPA B.M. ADV.,) AND: MAHANTHAPPA K S/O KUDLEPPA DEAD BY LR'S. 1. NAGAPPA S/O KUDLEPPA AGED ABOUT 30 YEARS. 2. BASAPPA S/O KUDLEPPA AGED ABOUT 28 YEARS. RESPONDENTS 1 AND 2 ARE R/O GUDIHAL LINGASAGURU AT POST RAICHUR TALUK AND DISTRICT 584101 OWNERS OF THE BAJAJ MOTOR CYCLE BEARING NO KA-01-HP-2423. 3. THE DIVISIONAL MANAGER UNITED INSURANCE COMPANY LTD DIVISIONAL OFFICE, M.M.K. COMPLEX AKKAMAHADEVI ROAD DAVANAGERE 577002. 4. BASAVARAJU .A S/O ADIMURTHY AGED ABOUT 35 YEARS R/O VENKATAPURA VILLAGE MOLAKALMURU VILLAGE CHITRADURGA DIST-577535 OWNER OF THE MOTOR CYCLE BEARING NO KA-16-EH-1321. 5. THE BRANCH MANAGER NATIONAL INSURANCE CO LTD. BRANCH OFFICE - 3 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 JAGALUR MAHALINGAPPA BUILDING DAVANAGERE ROAD CHITRADURGA 577501. …RESPONDENTS (BY SRI. O. MAHESH, ADV., FOR R3 SRI. K.S. LAKSHMI NARASAPPA, ADV., FOR SRI. A.M. VENKATESH, ADV., FOR R5 R1 SERVED AND UNREPRESENTED V/O/DTD:01.04.2024 NOTICE TO R2 & R4 ARE D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2019 PASSED IN MVC NO.178/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 05.11.2019 passed in MVC.No.178/2019 by the I Additional Senior Civil Judge & Additional MACT-IV, Chitradurga (for short 'the Tribunal'). - 4 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Shashishekara, learned counsel for Sri.Siddappa B.M., learned counsel appearing for the appellants, Sri.O.Mahesh, learned counsel for respondent No.3, Sri.K.S.Lakshmi Narasappa, learned counsel for Sri.A.M.Venkatesh, learned counsel for respondent No.5 and meticulously perused the material on record. 4. The parties to the proceedings do not dispute that in a road accident dated 18.04.2018, Sri.Veeresha sustained fatal injuries and subsequently succumbed to those injuries. The present appeal is by the claimants seeking for higher compensation mainly on the ground that the income of the deceased is required to be reassessed as the deceased was aged about 30 years at the time of the accident and was doing agriculture, sheep rearing and milk vending business, earning Rs.1,30,000/- - 5 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 per annum. It is to be noticed that the appellants/claimants have failed to produce any evidence to substantiate the claimed income. In the absence of such proof, the income of the deceased is required to be assessed notionally by placing reliance on the notional income chart prepared by KSLSA. Accordingly, the income of the deceased is notionally reassessed at Rs.12,500/- per month. Having assessed the income of the deceased at Rs.12,500/- per month and considering the age of the deceased as 30 years, the appellants-claimants are further entitled to an addition of 40% of the assessed income under the head of loss of future prospects. Further, as the claimants are the wife, children and parents of the deceased, totaling 5 in number, the appropriate deduction towards personal and living expenses should be one-fourth (1/4th), which has been rightly considered by the Tribunal. Considering that the deceased was aged about 30 years at the time of the accident; the appropriate multiplier applicable is 17, which has also been rightly considered by - 6 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 the Tribunal. Accordingly, the appellants-claimants are entitled to compensation towards loss of dependency as under: Rs.12,500 + 40% X 12 X 17 - 1/4th = Rs.26,77,500/- 5. The appellants-claimants are entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and Rs.16,500/- under the head of ‘funeral expenses & transportation of dead body’ including 10% escalation. The appellants-claimants are also entitled to a sum of Rs.44,000/- each towards loss of consortium including 10% escalation. 6. The learned counsel for the appellants, at the outset, submitted that this appeal is only with regard to the seeking higher compensation. In view of the said submission, the finding of the Tribunal with regard to contributory negligence stands affirmed. - 7 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 7. Thus, in all, the appellants-claimants shall be entitled to modified compensation under the following heads: Thus, the claimants shall be entitled to a total compensation of Rs.14,65,250/- (Rs.29,30,500 - 50%) as against Rs.7,23,500/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total HEADS AMOUNT (in Rs.) Loss of dependency 26,77,500/- Loss of consortium (Rs.44,000 X 5) 2,20,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 29,30,500/- Less 50% towards Contributory negligence 14,65,250/- Balance amount 14,65,250/- - 8 - HC-KAR NC: 2026:KHC:19018 M.F.A. No.5328/2020 compensation of Rs.14,65,250/- as against Rs.7,23,500/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) The Registry is directed to transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 17