- 1 - HC-KAR CNR: KAHC010404592022 NC: 2026:KHC:47239 MFA No. 6149 of 2022 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.6149 OF 2022(MV-D) BETWEEN: 1. B.S KAVITHA W/O LATE D. JAGADEESH AGED ABOUT 37 YEARS 2. VINUTHA D/O LATE D. JAGADEESH AGED ABOUT 18 YEARS 3. VARSHITHA S/O LATE D. JAGADEESH AGED ABOUT 15 YEARS 4. TEJASSU S/O LATE JAGADEESH AGED ABOUT 13 YEARS APPELLANT 3 & 4 ARE MINORS ARE REPRESENTED BY NATURAL GUARDIAN MOTHER APPELLANT NO.1 B.S. KAVITHA 5. RANGAMMA W/O LATE DEVIKARIYAPPA AGED ABOUT 79 YEARS ALL ARE RESIDENTS OF OBALAPURA, HOSADURGA TALUK NOW RESIDING AT JADAYA VILLAGE MAYASANDRA HOBLI, TURUVEKERE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010404592022 NC: 2026:KHC:47239 MFA No. 6149 of 2022 TALUK-572 227 BOTH ARE R/AT THUMBINAKERE VILLAGE SRIRAMAPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-515 281 …APPELLANTS (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. MARULA SIDDAPPA S/O MARULASIDDAPPA AGED ABOUT 54 YEARS R/AT SOMANAHALLI VILLAGE SIGATAGERE HOBLI, TADUR TALUK CHIKKAMAGALURU DISTRICT-577 501 2. THE MANAGER NATIONAL INSURANCE CO LTD BRANCH OFFICE KASTHURI MANSION BEHIND KRISHNA TALKIES M.G ROAD. TUMKURU DISTRICT …RESPONDENTS (BY SRI. SHANKAR REDDY, ADVOCATE FOR R2, NOTICE R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2021 PASSED IN MVC NO. 818/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, TURUVEKERE, 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: KAHC010404592022 NC: 2026:KHC:47239 MFA No. 6149 of 2022 ORAL JUDGMENT 1. The claimants, being dissatisfied with the compensation of Rs.10,22,500/- awarded by the Tribunal in MVC No.818/2013 dated 24.02.2021, 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 10.10.2012, Sri D. Jagadeesha, a 36 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 D. Jagadeesha. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 8,77,500 2. Loss of consortium 50,000 1,00,000 3. Loss of love and affection 50,000 4. Transportation of dead body funeral expenses 30,000 - 4 - HC-KAR CNR: KAHC010404592022 NC: 2026:KHC:47239 MFA No. 6149 of 2022 5. Loss of estate 15,000 Total 10,22,500 4. The Tribunal has determined the monthly income of the deceased, notionally at Rs.6,500/-. Since there is no credible documentary 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 2012, would be Rs.7,000/-. 5. As the deceased was aged 36 years, a multiplier of '15' would have to be applied and as he was self-employed, 40% requires to be added to his monthly income towards future prospects and 1/4th has to be deducted towards personal expenses. Thus, the claimants would be entitled to a sum of Rs.13,23,000/- (7,000 + 40% X 12 X 15 X 3/4) towards “loss of dependency”. 6. The claimants, being the wife, minor daughters, minor son and mother of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- (48,400 x 5) and they would also be - 5 - HC-KAR CNR: KAHC010404592022 NC: 2026:KHC:47239 MFA No. 6149 of 2022 entitled to a sum of Rs.36,300/- under the “conventional heads”. 7. 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 13,23,000 2. Loss of consortium 2,42,000 3. Loss of estate 36,300 Total 16,01,300 8. Thus, the claimants are held entitled to the total compensation of Rs.16,01,300/- as against Rs.10,22,500/- along with interest at the rate of 6% per annum from the date of petition till its realization. 9. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 10. The apportionment of compensation amount shall be in terms of the award of the Tribunal. - 6 - HC-KAR CNR: KAHC010404592022 NC: 2026:KHC:47239 MFA No. 6149 of 2022 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.: 19