- 1 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 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.3382/2020 (MV-D) BETWEEN: 1. SMT. MONA ALIAS MUNNI DEVI W/O LATE GOUTHAM DAS @ GOUTHAM KUMAR AGED ABOUT 29 YEARS. 2. BABY MEENAKSHI D/O LATE GOUTHAM DAS @ GOUTHAM KUMAR AGED ABOUT 7 YEARS. 3. BABY GEETHA KUMARI D/O LATE GOUTHAM DAS @ GOUTHAM KUMAR AGED ABOUT 7 YEARS. SINCE APPELLANT NOS.2 & 3 ARE MINORS THEY ARE REP. BY THEIR MOTHER SMT. MONA @ MUNNIDEVI. R/AT KANMANGAA PALYA DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. 4. SRI. LALU DAS S/O LATE KARI DAS AGED ABOUT 62 YEARS. 5. SMT. INA DEVI W/O LALU DAS AGED ABOUT 57 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 APPELLANT NOS.4 & 5 ARE R/AT WARD NO.40, BISHNUPUR BAGUSARAL, BIHAR 851129. …APPELLANTS (BY SRI. RAGHU R, ADV.,) AND: 1. RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE NO.28 5TH FLOOR, CENTENARY BUILDING M.G. ROAD, BENGALURU 560001 REP BY ITS MANAGER. 2. SRI. KAMALESH C.P. S/O PUTTAPPA R/AT CHOWDAREDDIHALLI VILLAGE PALLICHERLU CHIKKABALLAPURA TALUK AND DISTRICT 562105. …RESPONDENTS (BY SRI. PRADEEP B, ADV., FOR R1 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.11.2019 PASSED IN MVC NO.5224/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-17, 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 - 3 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 ORAL JUDGMENT This appeal is filed by the appellants/claimants challenging the judgment and award dated 22.11.2019 passed in MVC.No.5224/2018 by the XIX Additional Small Causes Judge & ACCM, MACT, Bengaluru (SCCH-17) (for short 'the Tribunal'). 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.Raghu R., learned counsel appearing for the appellants, Sri.Pradeep B., learned counsel for respondent No.1 and meticulously perused the material available on record. 4. The appellant as well as the respondent are not in dispute that on 11.06.2018, Sri.Gautam Das met with a road accident, sustained grievous injuries and succumbed to the same. It is also not in dispute that the respondent/Insurance Company is liable to pay the - 4 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 compensation. The claimants being the wife, children and parents of the deceased have not produced any proof to establish his income. Therefore, the income of the deceased is notionally assessed at Rs.12,500/- per month by placing reliance on the notional income chart prepared by KSLSA. Having reassessed the income of the deceased at Rs.12,500/- per month and considering the age of the deceased as 30 years, the appellants-claimants are further entitled to an addition of 40% of the assessed income under the head of loss of future prospects, the appropriate multiplier applicable is 17 and a deduction would be one- fourth (1/4th) of the assessed income towards the personal and living expenses of the deceased, which has been rightly considered by the Tribunal. Hence, the appellants- claimants are entitled to compensation towards loss of dependency as under: Rs.12,500 + 40% X 12 X 17 - 1/4th = Rs.26,77,500/- 5. The appellants-claimants are entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and - 5 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 Rs.16,500/- under the head of ‘funeral expenses & transportation of dead body’ including 10% escalation. The appellants-claimants, being the wife, children and parents of the deceased are also entitled to a sum of Rs.44,000/- each towards loss of consortium including 10% escalation. 6. 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.29,30,500/- as against Rs.20,50,700/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Loss of dependency 26,77,500/- Loss of consortium (Rs.44,000 X 5) 2,20,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 29,30,500/- - 6 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 7. In the result, this Court proceeds to pass the following: 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.29,30,500/- as against Rs.20,50,700/- 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 - 7 - HC-KAR NC: 2026:KHC:21371 M.F.A. No.3382/2020 date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per the award of the Tribunal. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 13