- 1 - HC-KAR CNR: KAHC010553712022 NC: 2026:KHC:45978 MFA No. 8091 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.8091 OF 2022(MV-D) BETWEEN: 1. SRI APPAIAHANNA S/O NARAYANAPPA AGED ABOUT 62 YEARS 2. SMT RADHAMMA D/O KENCHAPPA AGED ABOUT 57 YEARS 3. SRI DODDE GOWDA G A S/O APPAIAHANAMMA AGED ABOUT 34 YEARS 4. SRI LAKSHMANA G A S/O APPAIHANNA AGED ABOUT 30 YEARS THE APPELLANTS ARE RESIDING AT GOPASANDRA, IBASANDRA BENGALURU RURAL KARNATAKA -562 129 …APPELLANTS (BY SRI. R.V SHIVANANDA REDDY, ADVOCATE) AND: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010553712022 NC: 2026:KHC:45978 MFA No. 8091 of 2022 1. ORIENTAL INSURANCE CO LTD., O D CLAIMS CELL, 4TH FLOOR, 44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS BENGALURU -560 025 2. K.S.R.T.C TRANSPORT HOUSE K.H. ROAD, SHANTHINAGAR BENGALURU-560 027 …RESPONDENTS (BY SRI. GOVINDARAJAN R, ADVOCATE FOR SMT. PADMAJA B.S, ADVOCATE FOR R1, SMT. SUMANGALA A SWAMY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.01.07.2022 PASSED IN MVC NO.7086/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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: KAHC010553712022 NC: 2026:KHC:45978 MFA No. 8091 of 2022 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.7086/2019 vide judgment and award dated 01.07.2022 for the accidental death of one Ramappa G.A. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 19.08.2019, Ramappa G.A., a 27 years old died. 3. It is not in dispute that the offending vehicle was belonging to the KSRTC. 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 Ramappa G.A. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010553712022 NC: 2026:KHC:45978 MFA No. 8091 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 19,99,200 2. Towards loss of estate 15,000 3. Towards funeral expenses 15,000 4. Towards filial consortium to petitioner Nos.1 and 2 @ 40,000/- each 80,000 Total 21,09,200 5. The Tribunal has rightly determined the monthly income of the deceased notionally at Rs.14,000/-. As the deceased was aged 27 years at the time of the accident, the Tribunal has rightly added 40% towards future prospects and deducted 50% of his income towards personal and living expenses, he being a bachelor. The Tribunal has also rightly adopted the multiplier of '17'. Accordingly, the Tribunal has awarded a sum of Rs.19,99,200/- towards “loss of dependency”, which does not call for any interference. 6. The claimants, being the parents and siblings 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 - 5 - HC-KAR CNR: KAHC010553712022 NC: 2026:KHC:45978 MFA No. 8091 of 2022 x 4) and they would also be 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 19,99,200 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 22,29,100 8. Accordingly, the claimants would be entitled for compensation of Rs.22,29,100/- as against Rs.21,09,200/- along with interest at the rate of 6% per annum from the date of petition till its realization. 9. The KSRTC 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. - 6 - HC-KAR CNR: KAHC010553712022 NC: 2026:KHC:45978 MFA No. 8091 of 2022 10. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 11. The appeal is accordingly allowed in part. 12. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 23