- 1 - HC-KAR CNR: KAHC010555272022 NC: 2026:KHC:47468 MFA No. 8111 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.8111 OF 2022(MV-D) BETWEEN: 1. SMT REKHA W/O LATE SANTHOSH @ KEMPA AGED 31 YEARS 2. BABY PREETHI D/O LATE SANTHOSH @ KEMPA AGED 11 YEARS 3. MASTER PREETHAM S/O LATE SANTHOSH @ KEMPA AGED ABOUT 9 YEARS 4. M KRISHNA S/O LATE MAHADEVA AGED 55 YEARS 5. SMT SAVITHRI W/O D KRISHNA AGED 45 YEARS (THE APPEALLANTS NO.2 & 3 ARE MINORS AND REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER, THE APPELLANT NO.1 HEREIN) ALL ARE R/O D.NO.57 GODI BASAVANA HALLI VILLAGE NEAR GOVT SCHOOL MADAPATNA POST Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010555272022 NC: 2026:KHC:47468 MFA No. 8111 of 2022 SOMWARAPETE TALUK KODAGU DISTRICT …APPELLANTS (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LTD., MAXIMU COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD HAMPANAKATTA, MANGALORE -575 001 REPRESENTED BY ITS MANAGER 2. MR ABDUL BASEED S/O K. AHAMMAD AGED 41 YEARS R/O SHAIMA MANZIL, D.NO 2-374 P.H ROAD, NEAR JUMMA MOSQUE BAJPE POST AND VILLAGE MANGALORE TALUK -574 142 3. MR KUSHA SHETTY S/O SNEHA SHETTY AGED MAJOR R/O MYARMA HOUSE SHIRVA UDUPI -574 116 …RESPONDENTS (BY SRI. LINGARAJ H.S, ADVOCATE FOR R1, R2 & R3 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 25.11.2021, PASSED IN MVC NO.1687/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, MANGALURU, D.K., 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: KAHC010555272022 NC: 2026:KHC:47468 MFA No. 8111 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.1687/2015 vide judgment and award dated 25.11.2021 passed by the Principal Senior Civil Judge and CJM and MACT, Mangaluru, D.K. (for short, 'the Tribunal') for the accidental death of one Santhosh @ Kempa. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 21.09.2015, Santhosh @ Kempa, a 24 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 Santhosh @ Kempa. The Tribunal has thereafter proceeded to award the following sums as compensation: - 4 - HC-KAR CNR: KAHC010555272022 NC: 2026:KHC:47468 MFA No. 8111 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 16,20,000 2. Funeral expenses 20,000 3. Towards loss of love and affection 80,000 4. Towards consortium of petitioner No.1 80,000 Total 18,00,00 5. In order to arrive at the loss of dependency, the Tribunal has rightly determined the monthly income, notionally at Rs.10,000/-. 6. Since the deceased was aged 24 years and was self employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.14,000/- (Rs.10,000/- + 40%). 7. The Tribunal has rightly deducted 1/4th of the income of the deceased towards his personal and living expenses. Accordingly, the income of the deceased would be Rs.10,500/- (14,000/- - 1/4th). - 5 - HC-KAR CNR: KAHC010555272022 NC: 2026:KHC:47468 MFA No. 8111 of 2022 8. As the deceased was aged 24 years, a multiplier of '18' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.22,68,000/- (10,500 x 12 x 18) towards “loss of dependency”. 10. The claimants, being the wife, children 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.2,42,000/- (48,400 x 5) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 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 22,68,000 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 25,46,300 - 6 - HC-KAR CNR: KAHC010555272022 NC: 2026:KHC:47468 MFA No. 8111 of 2022 12. Accordingly, the claimants would be entitled for compensation of Rs.25,46,300/- as against Rs.18,00,000/- along with interest at the rate of 6% per annum from the date of petition till its realization, however, the appellants are not entitled for the interest for the delayed period in filing the appeal. 13. The Insurance Company 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. 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.: 6