- 1 - HC-KAR CNR: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3741 OF 2022(MV-D) BETWEEN: 1. VASANTHI S RAO AGED ABOUT 58 YEARS W/O LATE SHANKARANARAYANA RAO 2. CHANDRIKA RAO AGED ABOUT 33 YEARS D/O LATE SHANKARANARAYANA RAO 3. DEEPIKA S. RAO AGED ABOUT 28 YEARS D/O LATE SHANKARANARAYANA RAO APPELLANTS ARE RESIDING AT SRINIVAS JAGANNATHA NAGARA BAILOORU, 76 BADAGABETTU VILLAGE UDUPI TALUK AND DISTRICT PIN-576 101 …APPELLANTS (BY SRI. PRATHEEP K.C, ADVOCATE) AND: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 1. PRAVEEN KUMAR AGED ABOUT 28 YEARS S/O PRAKASH POOJARY R/AT 187/96A, PANTARAPALYA BANGALORE-560 039 2. THE ORIENTAL INSURANCE CO. LTD RICHMOND ROAD, BANGALORE REPRESENTED BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE VISHNU PRAKASH BUILDING COURT ROAD, UDUPI-576 101 …RESPONDENTS (BY SRI. VRUSHABHENDRAIAH, H.C, ADVOCATE FOR R2, VIDE ORDER DATED 24.08.2026, SERVICE OF NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.09.2019 PASSED IN MVC NO. 337/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 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.337/2013 vide judgment and award dated 21.09.2019 for the accidental death of one Shankaranarayana Rao. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 03.12.2012, Shankaranarayana Rao, a 60 years old died. 3. 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 Shankaranarayana Rao. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 1,08,000 2. Towards loss of estate 3,35,664 3. Towards loss of consortium 40,000 - 4 - HC-KAR CNR: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 4. Towards funeral expenses 15,000 5. Towards attendant charges 5,000 6. Towards conveyance charges 2,000 Total 5,05,664 4. In order to arrive at the loss of dependency, the Tribunal has rightly determined the monthly income, notionally at Rs.9,325/-. 5. Since the deceased was aged 60 years and was self employed, 10% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.10,257/- (Rs.9,325/- + 10%). 6. 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.6,838/- (10,257/- - 1/3rd). 7. As the deceased was aged 60 years, a multiplier of '9' would have to be applied. - 5 - HC-KAR CNR: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 8. Consequently, the claimants would be entitled to a sum of Rs.7,38,504/- (6,838 x 12 x 9) towards “loss of dependency”. 9. The claimants, being the children of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- (48,400 x 4) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 10. Having regard to the length of the stay of the deceased in the hospital i.e., 80 days, the claimants would also be entitled to 'Conveyance and attendant charges' at Rs.50,000/- as against the sum of Rs.7,000/- awarded by the Tribunal. 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 7,38,504 2. Loss of Consortium 1,93,600 - 6 - HC-KAR CNR: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 3. Conventional Heads 36,300 4. Conveyance and attendant charges 50,000 Total 10,18,404 12. Accordingly, the claimants would be entitled for compensation of Rs.10,18,404/- as against Rs.5,05,664/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The enhanced compensation of Rs.5,12,740/- along with interest shall be paid to the wife of the deceased i.e. claimant No.1 since the other claimants i.e. the children of the deceased are majors. 14. The apportionment of compensation amount awarded by the Tribunal and the fastening of liability on the Insurance Company to pay the compensation and its liberty to recover the same from the insured remain unaltered. 15. The Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a - 7 - HC-KAR CNR: KAHC010221752022 NC: 2026:KHC:45713 MFA No. 3741 of 2022 period of six weeks from the date of receipt of a certified copy of this judgment. 16. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 8