- 1 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 2184 OF 2021 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 5766 OF 2022 (MV-D) IN MFA No. 2184/2021: BETWEEN: 1. SMT. RATHNAMMA W/O LATE RANGANNA @ RANGAPPA AGED ABOUT 49 YEARS, R/AT KAMANAAGRAHARA DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT. 2. SMT. RATHNAMMA W/O LATE RANGANNA @ RANGAPPA AGED ABOUT 57 YEARS, R/AT NO.295/2 NEAR KUVEMPU COLLEGE MALLASANDRA BENGALURU - 560 057. 3. SMT. JAYAMMA W/O KRISHNAPPA AGED ABOUT 39 YEARS, R/AT NO.10, KANIGALPURA SAKKARAEGOLLAHALLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT. 4. SRI RAMESH Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 S/O LATE RANGANNA @ RANGAPPA AGED ABOUT 38 YEARS, R/AT NO.295/2, NEAR KUVEMPU COLLEGE MALLASANDRA BENGALURU - 560 057. 5. SMT. MANJAMMA W/O VENKATESH AGED ABOUT 35 YEARS, R/AT MOTAGONDANAHALLI KOLALA HOBLI KORATAGERE TALUK PATHAGANAHALLI TUMKUR-572 129. …APPELLANTS (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. KARNATAKA GOVERNMENT INSURANE DEPARTMENT 14-19TH FLOOR, VISHVESHWARAIAH TOWERS DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS MANAGER. 2. THE ENVIRONMENTAL OFFICER MALLESHWARAM 10TH CROSS, BBMP SWIMMING POOL EXTENSION MALLESHWARAM BENGALURU - 560 003. …RESPONDENTS (BY SRI. SESHU V., AGA FOR R1; R2 SERVED AND BUT UNREPRESENTED) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.02.2021 PASSED IN - 3 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 MVC NO.5137/2019 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5766/2022: BETWEEN: THE KARNATAKA GOVERNMENT INSURANCE DEPARTMENT 14TH - 19TH FLOOR, VISHVESHWARAIAH MAIN ROAD, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001 (POLICY NO.1223768 VALID FROM 19-04-2019 TO 18-04-2020) ...APPELLANT (BY SRI. SESHU V., AGA) AND: 1. SMT. RATHNAMMMA W/O LATE RANGANNA @ RANGAPPA, AGED ABOUT 48 YEARS, 2. SMT.RATHNAMMA W/O LATE RANGANNA @ RANGAPPA, AGED ABOUT 56 YEARS, 3. SMT. JAYAMMA W/O KRISHNAPPA, AGED ABOUT 38 YEARS, 4. SRI. RAMESH S/O LATE RANGANNA @ RANGAPPA, AGED ABOUT 37 YEARS, - 4 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 5. SMT. MANJAMMA W/O VENKATESH, AGED ABOUT 34 YEARS, 6. THE ENVIRONMENT OFFICER MALLESHWARAM OFFICER, BBMP, 10TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003. RESPONDENT NO.1 IS THE RESIDENT OF KAMANAGRAHARA, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, 2ND AND 4TH RESPONDENTS IS THE RESIDENT OF NO.295/2, NEAR KUVEMPU COLLEGE, MALLASANDRA, BENGALURU-57. RESPONDENT NO.3 IS THE RESIDENT OF NO.10 KANIGALPURA, SAKKAREGOLLAHALLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT RESPONDENT NO.5 IS THE RESIDENT OF MOTAGONDANAHALLI , KOLALA HOBLI, KORATAGERE TALUK, PATHAGANAHALLI, TUMAKURU-572 129. ...RESPONDENTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE FOR R1 TO R5; R6 IS NOTICE SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.02.2021 PASSED IN MVC NO.5137/2019 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU - 5 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 SCCH-4. AWARDING COMPENSATION OF RS.10,22,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The KGID as well as the claimants are in appeal challenging the judgment and award dated 18.02.2021 passed by the Tribunal in MVC.No.5137/2019. 2. The factual matrix of the case is that on 23.07.2019 at about 1.30 p.m., when the deceased riding TVS XL Moped bearing registration No.KA-43 R 5979 towards Bommanahalli on Bommanahalli-Doddamankanala Road, when he reached Doddamankanala cross, he took turn towards Bommanahalli. At that time a garbage lorry bearing registration No.KA-02 AB 3772 driven by its driver in a rash and negligent manner, dashed against the motorcycle. As a result of which, the deceased sustained grievous injuries and succumbed to the same. Accordingly, the legal heirs of deceased filed a claim - 6 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 petition seeking compensation for the accidental death of Ranganna. 3. The Tribunal, on assessment of 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 Ranganna. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 7,92,072 2. Loss of Consortium 2,00,000 3. Funeral expenses & Transportation charges 15,000 4. Loss of estate 15,000 Total 10,22,072 4. Aggrieved by the said judgment, the KGID preferred MFA.No.5766/2022 challenging the quantum of compensation and the claimants preferred MFA.No.2184/2021 seeking enhancement of compensation. 5. Heard the learned AGA appearing for the KGID and the learned counsel for the claimants. - 7 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 6. Learned AGA would primarily contend that the Tribunal has grossly erred in awarding exorbitant compensation without deducting the interim payment of compensation of Rs.5,00,000/- made by the Government through a cheque from BBMP immediately after the accident although the same was admitted by the claimants. Further, he would contend that the Tribunal has erred in awarding loss of consortium to the second wife of the deceased i.e., appellant No.1. Accordingly, he would pray for allowing of the appeal of the KGID by dismissing the appeal of the claimants. 7. On the other hand, learned counsel for the claimants would contend that the Tribunal was justified in not deducting the exgratia amount i.e., the interim compensation of Rs.5,00,000/- paid by the BBMP in view of the judgment of this Court in MFA.No.3791/2017 & connected matters disposed of on 26.09.2025 and also in MFA.No.1480/2020 disposed of on 17.03.2026. However, the Tribunal has erred in awarding meagre compensation under all the heads. Accordingly, he would pray for dismissal of the appeal of KGID and allowing of appeal of the claimants by enhancing the compensation. - 8 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 8. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 9. As could be gathered from records, it is not in dispute that as a result of the motor vehicle accident which occurred on 23.07.2019, Ranganna @ Rangappa, a 60 year old died. It is also not in dispute that the KGID is liable to pay the compensation as the offending vehicle was insured with it. Further, Ex.R2 - vouchers reveal that immediately after the accident, the BBMP paid the interim maintenance of Rs.5,00,000/- to the family members of Rangappa for his accidental death. According to learned AGA, the Tribunal ought to have deducted the said sum while awarding compensation. However, this position of law is no more res integra in view of the judgment of the Co-ordinate Bench of this Court in MFA.No.3791/2017 & connected matters disposed of on 26.09.2025, wherein referring to the judgment in the case of Gayathri Devi and Others Vs. Election Commission of India - 2024 SCC Online Jhar 3515, this Court has held merely because certain ex-gratia amount is payable, the same - 9 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 cannot be deducted from the compensation amount awarded for the accidental death under Motor Vehicles Act. In that view of the matter, I am of the view that , the Tribunal was justified in not deducting the ex-gratia amount. 10. As regards compensation, in order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 2019, would be Rs.14,000/-. 11. 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.15,400/-. 12. Since there are two dependents leaving the major sons, 1/3rd requires to be deducted towards personal expenses, which makes his monthly income to be Rs.10,267/- (Rs,15,400 - 1/3rd). The income of the deceased for the purposes of - 10 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 determining the loss of dependency would thus be Rs.10,267/-. 13. As the deceased was aged 60 years, a multiplier of '9' would have to be applied. 14. Consequently, the claimants would be entitled to a sum of Rs.11,08,836/- (Rs.10,267 x 12 x 9) towards “loss of dependency”. 15. The claimants, being the wives and major children, except the second wife as contended by the learned AGA, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 16. 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 11,08,836 2. Loss of Consortium 1,93,600 - 11 - HC-KAR CNR: KAHC010156742021 NC: 2026:KHC:46622 MFA No. 2184 of 2021 C/W MFA No. 5766 of 2022 3. Conventional Heads 36,300 Total 13,38,736 17. Thus, the claimant would be entitled for compensation of Rs.13,38,736/- as against Rs.10,22,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 18. The KGID is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. 19. The apportionment of compensation amount shall be in terms of the award of the Tribunal except the amount of loss of consortium. 20. The amount in deposit shall be transferred to the concerned Tribunal. The appeals are accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS/List No.: 1 Sl No.: 18