- 1 - HC-KAR CNR: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 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.6809 OF 2022(MV-D) BETWEEN: 1. RENUKA MANJUNATH W/O LATE MANJUNATH AGED ABOUT 35 YEARS 2. ANJALI MANJUNATH D/O LATE MANJUNATH AGED ABOUT 19 YEARS 3. AKSHAYA MANJUNATH D/O LATE MANJUNATH AGED ABOUT 16 YEARS ALL ARE RESIDING AT NO.7/22-1, KOTHAPALLI, HOSUR SEVAGANAPALLI, KRISHNAGIRI T.N-635 103 SINCE THE 3RD APPELLANT IS MINOR REPTD. BY HER MOTHER 1ST APPELLANT AS NATURAL GUARDIAN …APPELLANTS (BY SRI. SREENIVASAIAH A, ADVOCATE) AND: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 of 2022 1. THE PRINCIPAL NARAYANA E-TECHNO SCHOOL KUNDALAHALLI GATE MARATHAHALLI, TUBARAHALLI BEHIND SRIRAMA SAMRIDDHI APARTMENT BANGALORE-560 066 2. THE MANAGER TATA AIG GEN INSURANCE CO LTD NO.69, 2ND FLOOR, J P & DEVI JAMBUKESHWAR ARCADE, MILLERS ROAD BENGALURU-560 052 …RESPONDENTS (BY SRI. S. MAHESWARA, ADVOCATE FOR R2, NOTICE DISPENSED WITH R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.03.2022 PASSED IN MVC NO.6324/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 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.6324/2018 vide judgment and award dated 07.03.2022 passed by the IX ASCJ. Small Causes and Additional MACT, Bengaluru (SCCH -7) (for short, 'the Tribunal') for the accidental death of one Manjunath @ Manjunath Muniyappa. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 15.09.2018, Manjunath @ Manjunath Muniyappa, a 37 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 Manjunath @ Manjunath - 4 - HC-KAR CNR: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 of 2022 Muniyappa. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 24,56,820 2. Towards consortium 1,20,000 3. Towards loss of estate 15,000 4. Towards funeral expenses 15,000 Total 26,06,820 5. The Tribunal has erred in considering the income of the deceased at Rs.14,624/- based on the salary certificate for the month of July, 2018. However, the salary certificate for the month of August, 2018 discloses that the deceased was drawing a gross salary of Rs.15,081/-. Since the accident occurred on 15.09.2018, the salary for the immediately preceding month, i.e., August, 2018, ought to be considered. After deducting Rs.200/- towards professional tax, the monthly income of - 5 - HC-KAR CNR: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 of 2022 the deceased is accordingly determined at Rs.14,881/- for the purpose of computation of compensation. 6. Since the deceased was aged 37 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.20,833/- (Rs.14,881/- + 40%). 7. The Tribunal has rightly deducted 1/3rd of the income of the deceased towards his personal and living expenses. Accordingly, the income of the deceased would be Rs.13,888/- (20,833/- - 1/3rd). 8. As the deceased was aged 37 years, a multiplier of '15' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.24,99,900/- (13,888 x 12 x 15 = Rs.24,99,849/- which is rounded off to Rs.24,99,900/-) towards “loss of dependency”. 10. The claimants, being the wife and children of the deceased, each would be entitled to a sum of Rs.48,400/- - 6 - HC-KAR CNR: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 of 2022 towards “loss of consortium” i.e., in all Rs.1,45,200/- (48,400 x 3) 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 24,99,900 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 26,81,400 12. Accordingly, the claimants would be entitled for compensation of Rs.26,81,400/- as against Rs.26,06,820/- along with 6% interest per annum from the date of petition till its realization 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. - 7 - HC-KAR CNR: KAHC010454902022 NC: 2026:KHC:47467 MFA No. 6809 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. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 5