- 1 - HC-KAR CNR: KAHC010409462020 NC: 2026:KHC:47241 MFA No. 200 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 200 OF 2021 (MV-D) BETWEEN: 1. SRI. RENUKAMURTHY N.P W/O LATE PILLA ANJINAPPA AGED ABOUT 41 YEARS 2. SMT. SHYLAJA N.P D/O LATE PILLA ANJINAPPA AGED ABOUT 36 YEARS 3. SMT. RADHA N.P D/O LATE PILLA ANJINAPPA AGED ABOUT 44 YEARS 4. SMT. SIDDAGANGAMMA @ SIDDALINGAMMA W/O LATE PILLA ANJINAPPA AGED ABOUT 62 YEARS ALL ARE PERMANENT R/AT NAGASANDRA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561 203. …APPELLANTS (BY SRI. K.T MADHU, ADVOCATE) AND: 1. SRI. BHEEMAN GOWDA S/O NANDAPPA C/O SUBBAMMA GANGADHARAPURA, NEAR PARISARA DHABA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010409462020 NC: 2026:KHC:47241 MFA No. 200 of 2021 DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 (R1 EXPARTE) 2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., GE PLAZA, AIRPORT ROAD, YERWADA, PUNE MAHARASHTRA-411 006 REPRESENTED BY THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO LTD LEGAL OFFICE NO.1/2, 4TH FLOOR, 59TH 'C 'CROSS, GOLDEN HEIGHTS, NEAR SUJATHA THEATRE RAJAJINAGAR, 4TH BLOCK, BANGALORE-560 010. 3. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., NO.31, TBR TOWERS, NEW MISSION ROAD, RICHMOND ROAD BANGALORE-560 001 [SINCE 2ND RESPONDENT & 3RD RESPONDENT ARE SAME COMPANY HENCE 3RD RESPONDENT PLACE EXPARTE] …RESPONDENTS (R1 NOTICE SERVED, R3 SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2019 PASSED IN MVC NO.3880/2017 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, 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 - 3 - HC-KAR CNR: KAHC010409462020 NC: 2026:KHC:47241 MFA No. 200 of 2021 ORAL JUDGMENT The claimants, being dissatisfied with the compensation of Rs.5,74,000/- awarded by the Tribunal in MVC No.3880/2017 dated 07.12.2019, are before this Court seeking enhancement of compensation. 2. It is not in dispute that, as a result of motor vehicle accident which occurred on 24.04.2017, Sri Pilla Anjinappa, a 63 year 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 Sri Pilla Anjinappa. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 5,04,000 2. Loss of estate together 15,000 3. Loss of spousal consortium 40,000 4. Transportation of dead body funeral expenses together 15,000 Total 5,74,000 - 4 - HC-KAR CNR: KAHC010409462020 NC: 2026:KHC:47241 MFA No. 200 of 2021 4. As the claimants failed to produce any cogent document to substantiate that the deceased was doing agriculture and milk vending business and was earning Rs.15,000/- per month, the Tribunal has rightly assessed the monthly income of the deceased at Rs.12,000/-, which is just and proper. 5. The Tribunal has erred in deducting 50% of the income of deceased for personal expenses, since the deceased had four claimants. Among them, claimant No.4 is the wife, claimant Nos.2 and 3 are married daughters and claimant No.1 is the major son. Hence, 1/3rd income of the deceased has to be deducted towards personal expenses. 6. As the deceased was aged 63 years, appropriate multiplier would be '7' and 1/3rd of the income has to be deducted towards his personal expenses. Thus, the claimants would be entitled to a sum of Rs.6,72,000/- (12,000 X 12 X 7 X 2/3) towards “loss of dependency”. 7. The claimants, being the wife, daughters and son of the deceased, they would each be entitled to a sum of - 5 - HC-KAR CNR: KAHC010409462020 NC: 2026:KHC:47241 MFA No. 200 of 2021 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”. 8. 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 6,72,000 2. Loss of consortium 1,93,600 3. Loss of estate 36,300 Total 9,01,900 9. Thus, the claimants are held entitled to the total compensation of Rs.9,01,900/- as against Rs.5,74,000/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 10. Respondent Nos.2 and 3 - Insurance Companies are directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. - 6 - HC-KAR CNR: KAHC010409462020 NC: 2026:KHC:47241 MFA No. 200 of 2021 11. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 34