- 1 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 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. 7740 OF 2022 (MV-D) BETWEEN: 1. RAJANNA S/O RANGANNA AGED ABOUT 53 YEARS. 2. JAYAMMA W/O RAJANNA AGED ABOUT 50 YEARS BOTH ARE RESIDING AT KAREKALLUHATTI VILLAGE HULIKUNTE HOBLI, SIRA TALUK-572137. …APPELLANTS (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. NAGANNA S/O DODDEERANNA AGED ABOUT 73 YEARS R/AT RAGHALAHALLI (POST) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 of 2022 HULIKUNTE HOBLI, SIRA TALUK-572137. 2. TATA AIG GEN. INS. CO. LTD., BY ITS MANAGER PENINSULA BUSINESS PORT TOWER-A, 15TH FLOOR, GANAPATHJRAO KADAM MARG OPP. SENAPATHI BARPAT MARG LOWER PARAL MUMABI-400 013. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; V/O DATED 30.03.2023 NOTICE TO R1 DISPENSED WTH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2016 PASSED IN MVC NO.1254/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, SIRA, 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: - 3 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The appeal is filed for seeking enhancement of compensation awarded in M.V.C.No.1254/2014 vide judgment and award dated 04.11.2016 passed by the Senior Civil Judge and Addl. MACT., at Sira (for short, 'the Tribunal') for the accidental death of one Ananda. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 12.05.2014, Ananda, a 20 years old died. 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. 4. 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 Ananda. The - 4 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 of 2022 Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 8,10,000 2. Love & filial Affection 50,000 3. Funeral expenses & transportation 10,000 Total 8,70,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.7,500/-. 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 2014, would be Rs.8,500/-. 6. Since the deceased was aged 20 years and was agriculturist and carpenter, 40% requires to be added to the monthly income towards future prospects, which would - 5 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 of 2022 result in the income to be Rs.11,900/- (Rs.8,500/- + 40%). 7. 50% is deducted towards personal expenses since he is a bachelor, his monthly income would be Rs.5,950/- (Rs.11,900/- - 50%). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.5,950/-. 8. As the deceased was aged 20 years, a multiplier of '18' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.12,85,200/- (Rs.5,950/- x 12 x 18) towards “loss of dependency”. 10. The claimants, being the parents of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.96,800/- (48,400 x 2) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. - 6 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 of 2022 11. 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 12,85,200 2. Loss of Consortium 96,800 3. Conventional Heads 36,300 Total 14,18,300 12. Accordingly, the claimants would be entitled for compensation of Rs.14,18,300/- as against Rs.8,70,000/-. The enhanced compensation shall carry 6% interest per annum from the date of petition till its realization, however, it is made clear that the claimants are not entitled for the interest for the delayed period in filing this appeal. 13. The Insurance Company is directed to deposit the compensation amount, together with accrued interest, - 7 - HC-KAR CNR: KAHC010525202022 NC: 2026:KHC:46847 MFA No. 7740 of 2022 within a period of six weeks from the date of receipt of a certified copy of this judgment. 14. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 15. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 20