- 1 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4438 OF 2021(MV-D) BETWEEN: 1. SMT BABI KULAL W/O SHEENA KULAL, AGED ABOUT 53 YEARS, 2. SRI. SHEENA KULAL, S/O LATE. RAMA KULAL, AGED ABOUT 58 YEARS, 3. KUMARI GEETHA D/O SHEENA KULAL, AGED ABOUT 27 YEARS, 4. SMT. JYOTHI D/O SHEENA KULAL, AGED ABOUT 30 YEARS, ALL ARE RESIDING AT HOSAMATA, KORAGI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. …APPELLANTS (BY SRI. NAGARAJA HEGDE, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 AND: 1. SRI SURENDRA S/O LATE. NARAYANA POOJARY, AGE MAJOR, R/O UPPINAKOTE, VARAMBALLY VILLAGE AND POST, BRAHMAVARA, UDUPI TALUK AND DISTRICT. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE. KUNDAPURA, SRI. LAXMI VENKATESH COMPLEX, NH-66, VADERHOBLI, KUNDAPURA, REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, VIDE COURT ORDER DATED 18.06.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.02.2020 PASSED IN MVC NO. 1172/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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: - 3 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 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.1172/2017 vide judgment and award dated 29.02.2020 for the accidental death of one Ramesh Kulal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 17.09.2017, Ramesh Kulal, 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 Ramesh Kulal. - 4 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 16,12,800 2. Towards loss of love and affection 1,50,000 3. Towards loss of estate 15,000 4. Towards funeral, obsequies expenses and transportation of dead body 15,000 5. Filial consortium to the petitioner Nos.1 to 3 1,20,000 Total 19,12,800 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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 2017, would be Rs.11,000/-. - 5 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 6. Since the deceased was aged 33 years and was working as a driver of an Auto Rickshaw, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.15,400/- (Rs.11,000/- + 40%) 7. The Tribunal has rightly deducted 1/3rd of his income towards his personal expenses since there are four dependents and his monthly income would be Rs.10,266/- (Rs.15,400/- - 1/3). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.10,266/-. 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.19,71,100/- (Rs.10,266/- x 12 x 16 = 19,71,072/- rounded off to Rs.19,71,100/-) towards “loss of dependency”. - 6 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 10. The claimants, being the parents of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- (48,400 x 4) 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 19,71,100 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 22,01,000 12. Accordingly, the claimants would be entitled for compensation of Rs.22,01,000/- as against Rs.19,12,800/- along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010263672020 NC: 2026:KHC:44736 MFA No. 4438 of 2021 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.: 4