- 1 - HC-KAR CNR: KAHC010128822022 NC: 2026:KHC:45035 MFA No. 2623 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2623 OF 2022(MV-D) BETWEEN: 1. SHIVANNA S/O MARIHUCCHEGOWDA, AGED ABOUT 45 YEARS, 2. S RAJAMMA S/O SHIVANNA, AGED ABOUT 20 YEARS, 3. HARSHITHA D/O SHIVANNA, AGED ABOUT 18 YEARS, ALL ARE R/AT T.DODDAPURA VILLAGE, TALAKADU HOBLI, T.NARASIPURA TALUK 571 124. …APPELLANTS (BY SMT. SUMA K, ADVOCATE) AND: 1. GOPAL S/O RAMANNA, AGED ABOUT 41 YEARS, R/AT NEAR MILK DIARY, SHETTIHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010128822022 NC: 2026:KHC:45035 MFA No. 2623 of 2022 HASSAN DISTRICT 573 116. 2. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED SHOP NO.2, SIGMA COMPLEX, OPP.BGS HOSPITAL, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR, MYSURU 23. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE COURT ORDER DATED 19.08.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.07.2021 PASSED IN MVC NO.540/2016 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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.540/2016 vide judgment and award dated 26.07.2021 for the accidental death of one Shivamma. - 3 - HC-KAR CNR: KAHC010128822022 NC: 2026:KHC:45035 MFA No. 2623 of 2022 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 23.04.2015, Shivamma, a 35 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 Shivamma. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Compensation towards loss of consortium 1,20,000 2. Towards estate 15,000 3. Towards transportation and funeral expenses 25,000 4. Towards loss of dependency 10,75,500 Total 12,35,500 - 4 - HC-KAR CNR: KAHC010128822022 NC: 2026:KHC:45035 MFA No. 2623 of 2022 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.8,400/-. 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 Legal Services Authority, which, for the accident of the year 2015, would be Rs.9,000/-. 6. Since the deceased was aged 35 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.12,600/- (Rs.9,000/- + 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.8,400/- (12,600/- - 1/3rd). 8. As the deceased was aged 35 years, a multiplier of '16' would have to be applied. - 5 - HC-KAR CNR: KAHC010128822022 NC: 2026:KHC:45035 MFA No. 2623 of 2022 9. Consequently, the claimants would be entitled to a sum of Rs.16,12,800/- (8,400 x 12 x 16) towards “loss of dependency”. 10. The claimants, being the husband 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.1,45,200/- (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 16,12,800 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 17,94,300 12. Accordingly, the claimants would be entitled for compensation of Rs.17,94,300/- as against Rs.12,35,500/- - 6 - HC-KAR CNR: KAHC010128822022 NC: 2026:KHC:45035 MFA No. 2623 of 2022 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.: 14