- 1 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7789 OF 2022 (MV-D) BETWEEN: 1. SMT. GAGANA G J W/O LATE DHARMENDRA S/O THIMMEGOWDA M.N AGED ABOUT 23 YEARS 2. BABY MITHUN GOWDA D S/O LATE DHARMENDRA AGED ABOUT 4 YEARS 3. SMT. SAVITHRAMMA W/O LATE KOTTAPPA GOWDA AGED ABOUT 71 YEARS 4. THIMMEGOWDA M.N S/O LATE NANJEGOWDA AGED MAJOR THE APPELLANT NO.2 IS SINCE MINOR REP. BY HIS N/G MOTHER I.E., APPELLANT NO.1 ALL ARE R/AT GONI TUMKUR DABBEGHATTA HOBLI, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 TURUVEKERE TALUK TUMKUR DISTRICT. …APPELLANTS (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. RAMAKUMAR D S/O PULLAIAH D AGED MAJOR R/O NO. 17/70, 1ST FLOOR, 2ND CROSS, ANANTHAPUR ROAD, VENKATESHWARA NAGAR BELLARY-583101. 2. ROYAL SUNDARAM GENERAL INSURANCE CO LTD REP. BY ITS MANAGER NO.30, 3RD FLOOR, KNR CITY CENTER RAJARAM MOHAN ROY ROAD, S.R. NAGAR, BANGALORE-560 027. 3. H.C. CHANNAKESHAVA S/O CHANNIGAIAH AGED MAJOR NO. 724, 6TH CROSS, 1ST MAIN, ST. MARRY'S SCHOOL ROAD, MAHESHWARI NAGAR T. DASARAHALLI BANGALORE-560 057. 4. UNITED INDIA INS. CO. LTD., REGIONAL OFFICE, T.P. HUB 6TH FLOORS, KRISHI BUILDING HUDSON CIRCLE OPP BBMP HEAD OFFICE NRUPATHUNGA ROAD, - 3 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 BANGALORE-560 001 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R2; SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR R4; R1 & R3 ARE NOTICE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.01.2022, PASSED IN MVC NO.2793/2019, ON THE FILE OF THE MEMBER, MACT, XVIII- ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-4), 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 ORAL JUDGMENT 1. The appeal is filed seeking for enhancement of compensation awarded in M.V.C.No.2793/2019 vide judgment and award dated 13.01.2022 for the accidental death of one Dharmendra. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 15.03.2019, Dharmendra, a 30 years old died. - 4 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 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 Dharmendra. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 21,42,000 2. Loss of future prospects 8,56,800 3. Loss of consortium 40,000 4. Loss of love and affection 25,000 5. Funeral expenses 15,000 6. Transport of dead body 5,000 Total 30,83,800 4. In order to arrive at the loss of dependency, the Tribunal has rightly determined the monthly income, notionally at Rs.14,000/-. 5. Since the deceased was aged 30 years and was self employed, 40% requires to be added to the monthly income - 5 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 towards future prospects, which would result in the income to be Rs.19,600/- (Rs.14,000/- + 40%) 6. The Tribunal has rightly deducted 1/4th of the income of the deceased towards his personal expenses, since there are four dependents of deceased. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.14,700/- (19,600 - 1/4th). 7. As the deceased was aged 30 years, a multiplier of '17' would have to be applied. 8. Consequently, the claimants would be entitled to a sum of Rs.29,98,800/- (Rs.14,700/- x 12 x 17) towards “loss of dependency”. 9. The claimants, being the wife, son and parents 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”. - 6 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 10. 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 29,98,800 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 32,28,700 11. Accordingly, the claimants would be entitled for compensation of Rs.32,28,700/- as against Rs.30,83,800/- along with interest at the rate of 6% per annum from the date of petition till its realization. 12. The finding of the Tribunal in respect of fastening the liability on the insurance companies is undisturbed. 13. The respondent Nos.2 and 4 - Insurance Companies is directed to deposit the compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment. - 7 - HC-KAR CNR: KAHC010531982022 NC: 2026:KHC:46848 MFA No. 7789 of 2022 14. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 15. The appeal is accordingly allowed in part. 16. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 22