- 1 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2795/2020 (MV-D) BETWEEN: 1. SRI. MALLAPPA ALIAS MALLANNA S/O LATE HANAMANTHRAYA AGED ABOUT 50 YEARS. 2. SMT. YALLAMMA W/O MALLAPPA ALIAS MALLANNA AGED ABOUT 35 YEARS. BOTH ARE R/AT NO.1/97 DYAMANALA, SHORAPUR TALUK YADAGIRI DISTRICT 585291. PRESENT ADDRESS: 5TH MAIN, KURILINGAPPA HOUSE KURILINGAPPA GARDEN PANCHASHELA GARDEN PANCHASHELA NAGAR MOODALAPALYA BENGALURU 560072. …APPELLANTS (BY SRI. SURESH M. LATUR, ADV.,) AND: 1. SRI. MAHADEVA S/O NANJUNDE GOWDA 414, 3RD MAIN ROAD KANAKANAGAR Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 BASAVESHWARANAGAR BENGALURU 560079. 2. THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED GOLDEN HEIGHTS, 4TH FLOOR NO.1/2, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BENGALURU 560010. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADV., FOR R2 R1 SERVICE OF NOTICE IS D/W V.C.O. DTD:04.04.2022) THIS MFA IS FILED U/S.173(1) OF THE MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.12.2019 PASSED IN MVC NO.5722/2016 ON THE FILE OF THE II ADDITIONAL JUDGE, ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-13), 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 appellants/claimants challenging the judgment and award dated 23.12.2019 passed in MVC.No.5722/2016 by the II Additional Small Causes Judge & ACMM and Member, MACT, Bengaluru (SCCH-13) (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Suresh M. Lathur, learned counsel for the appellants, Sri.Ravi S. Samprathi, learned counsel appearing for respondent No.2 and meticulously perused the material available on record. 4. This appeal is filed by the parents of the deceased Mr.Ravi, who was aged about 3 years at the time of the accident. The Tribunal, after considering the oral and documentary evidence, awarded a total compensation of Rs.4,38,500/- with interest at 6% per annum. 5. The appellants as well as the respondent are not in dispute that the death of the minor son of the appellants occurred due to the actionable negligence of the driver of the offending vehicle. Considering the said aspect, the Tribunal directed the Insurance Company to - 4 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 pay the compensation and thereafter recover the same from the owner of the offending vehicle/respondent No.1. The said direction is hereby affirmed. 6. The Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari and Another1 has held that the Tribunal and the High Court in the appeals concerned with the cases involving a child having suffered injury or having passed away, the calculation of loss of income due to disability is required to be assessed based on the matrix of minimum wages payable to a skilled worker in the respective State at the relevant point of time. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court in the aforesaid decision and considering that the accident in the present case occurred in the year 2016, the minimum wages of the deceased minor is required to be assessed at Rs.9,500/- per month by placing reliance on the notional income chart prepared by KSLSA. The Hon'ble Supreme 1 2025 INSC 1070 - 5 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 Court in the aforesaid decision has applied a multiplier of 18, wherein the deceased was aged about 8 years. Accordingly, it would be appropriate to apply a multiplier of 18 to assess the compensation under the head of loss of dependency. Having assessed the income of the deceased at Rs.9,500/- per month and considering the age of the deceased minor as 3 years, the appellants-claimants are further entitled to an addition of 40% of the assessed income under the head of loss of future prospects. It is not in dispute that the deceased was a minor at the time of the accident; hence, an appropriate deduction would be 50% of the assessed income towards the personal and living expenses of the deceased. Hence, the appellants- claimants are entitled to compensation towards loss of dependency as under: Rs.9,500 + 40% X 12 X 18 - 50% = Rs.14,36,400/- 7. 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 & - 6 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 transportation of dead body’ including 10% escalation. The appellants-claimants, being the parents of the deceased minor are also entitled to a sum of Rs.44,000/- each towards loss of consortium including 10% escalation. 8. 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.15,57,400/- as against Rs.4,38,500/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: HEADS AMOUNT (in Rs.) Loss of dependency 14,36,400/- Loss of consortium (Rs.44,000 X 2) 88,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 15,57,400/- - 7 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 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 compensation of Rs.15,57,400/- as against Rs.4,38,500/- 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. The Insurance Company is at - 8 - HC-KAR NC: 2026:KHC:21376 M.F.A. No.2795/2020 liberty to recover the said amount from respondent No.1. e) The apportionment, deposit and disbursement shall be made as per the award of the Tribunal. f) The Registry to transmit the records forthwith to the Tribunal. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 11