- 1 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2811 OF 2025 (MV-D) BETWEEN: 1. SMT. LAKSHMAMMA W/O LATE RANGEGOWDA. AGED ABOUT 80 YEARS. 2. SRI.JAYARAMEGOWDA K.R, W/O LATE RANGEGOWDA. AGED ABOUT 41 YEARS. 3. SRI.SHANMUKHA. K.R, W/O LATE RANGEGOWDA. AGED ABOUT 39 YEARS PERMANENT ADDRESS: YELEKOPPA, VILLAGE NELLIGERE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT KARNATAKA STATE – 571 418. PRESENT ADDRESS NO.141, 3RD STAGE, 16TH CROSS, SURVEY NO.9 MARUTHI NAGAR, SONEHALLI BENGALURU-560 005. …APPELLANTS (BY SRI. THIMMAIAH K H., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 AND: 1. THE MANAGER KOTAK MAHINDRA GENERAL INSURANCE COMPANY LIMITED, MANIPAL CENTRE, UNIT NO.SG-09 S-10, GROUND FLOOR, SOUTH BLOCK BUILDING 47 DICKENSON ROAD, BENGALURU. 2. MR. DHANUSH B.P S/O PRAKASH B.M, R/AT MAGGADA BEEDI, BELLUR TOWN, NELAMANGALA TALUK, MANDYA-571 418. …RESPONDENTS (BY SRI. HALASHETTI J S, ADVOCATE FOR R1 R2 SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2024 PASSED IN MVC No.6677/2022 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by appellants -claimants seeking enhancement of compensation awarded in judgment and award 04.11.2024 passed in MVC No.6677/2022 by XIX - 3 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 Additional Small Causes Judge and MACT, Bengaluru (SCCH-17). 2. Appellants made a claim petition praying to award compensation for the death of Rangegowda (husband of claimant No.1 and father of claimant Nos.2 and 3) in a road traffic accident occurred on 22.06.2022 contending that the accident occurred due to rash and negligent driving of the driver of Mahindra Supro Maxi Truck bearing registration No.KA-54-8878. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 4,65,000/- 02. Loss of consortium 1,32,000/-/- 03. Transport of dead body 16,500/- 04. Funeral Expenses 16,500/- 05. Towards medical expenses 1,27,100/- Total 7,57,100/- - 4 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed the respondent No.1 -insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.1 –insurer. 6. Learned counsel for appellants would contend that the deceased was married man having wife and children. Therefore, deductions taken by the Tribunal at 50% towards personal expenses of the deceased is not proper and deductions to be taken at 1/3rd. The compensation under other heads is just and proper. 7. Learned counsel for respondent No.1 -insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. - 5 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. The accident occurred on 22.06.2022. The deceased was aged 80 years as on the date of accident. The Tribunal has rightly taken notional income of the deceased at Rs.15,500/- and applied multiplier ‘5’. The Tribunal has taken deductions towards personal expenses of the deceased at 50%. The claimants are wife and two sons of the deceased. The deductions at 50% is to be taken in cases of the bachelor. The deceased was married and having wife and two children. Therefore, deductions towards personal expenses of the deceased is to be taken at 1/3rd. In view of the above, the loss of dependency is calculated as under: Rs.15,500/- x12 =Rs.1,86,000/- minus 1/3rd =Rs.1,24,000/- x5 = Rs.6,20,000/- 10. Considering the above aspects, claimants are entitled to loss of dependency in a sum of Rs.6,20,000/- - 6 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 as against Rs.4,65,000/- with interest at the rate of 6% per annum from the date of petition till realization. Consequently, claimants are entitled to enhanced compensation of Rs.1,55,000/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.1 -insurer is liable to pay the said enhanced compensation with interest. 11. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.1,55,000/- with interest at the rate of 6% per annum from the date of petition till realization. iii) Respondent No.1 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. - 7 - HC-KAR CNR: KAHC010255332025 NC: 2026:KHC:45232 MFA No. 2811 of 2025 iv) Appellant No.1 –claimant No.1 is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 7 Ct.sm