- 1 - HC-KAR CNR: KAHC010117602022 NC: 2026:KHC:47647 MFA No. 2433 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2433 OF 2022(MV-D) BETWEEN: 1. KENCHAMADAIAH S/O LATE DODAPUTTAMADAIAH AGED ABOUT 59 YEARS 2. MANGALA K D/O KENCHAMADAIAH AGED ABOUT 24 YEARS BOTH ARE R/AT NEAR RAMA MANDIRA CIRCLE HALRE VILLAGE AND POST NANJANGUD TALUK, MYSURU DISTRICT - 571 301 …APPELLANTS (BY SMT. SUMA K, ADVOCATE) AND: 1. SANTHOSH KUMAR K.V S/O VRISHABENDRASWAMY K.V, MAJOR R/AT NO 584, KUDERU VILLAGE SANTHEMARAHALLI CHAMARAJANAGAR TALUK - 571 115 2. K.M SHIVANNA S/O K.S MADAPPA, MAJOR R/AT NO 116 KEREHUNDI VILLAGE NANJANGUD TALUK MYSURU DISTRICT - 571301 3. ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE COMPANY LIMITED Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010117602022 NC: 2026:KHC:47647 MFA No. 2433 of 2022 NO.133, 3RD FLOOR, SHIKA TOWERS RAMAVILAS ROAD, MYSURU - 570 004 …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R3, R1-NOTICE SERVED, R2-NOTICE DISPENSED WITH ) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.18.11.2021 IN MVC NO.244/2017 ON THE FILE OF THE PRINCIPAL SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU, 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 claimants, being dissatisfied with the compensation of Rs.9,77,000/- awarded by the Tribunal in MVC No.244/2017 dated 18.11.2021, is in appeal. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 22.09.2016, Sri. Mahadevaswamy s/o Kenchamadaiah, a 26 year old died. 3. It is not in dispute that the Insurance Company is liable to pay the compensation, as the offending vehicle was insured. - 3 - HC-KAR CNR: KAHC010117602022 NC: 2026:KHC:47647 MFA No. 2433 of 2022 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 Sri. Mahadevaswamy S/o Kenchamadaiah. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Compensation towards loss of consortium 80,000 2. Towards estate 15,000 3. Towards transportation and funeral expenses 25,000 4. Towards loss of dependency 8,57,000 Total 9,77,000 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased at Rs.6,000/-. 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 2016, would be Rs.9,500/-. - 4 - HC-KAR CNR: KAHC010117602022 NC: 2026:KHC:47647 MFA No. 2433 of 2022 6. Since the deceased was aged about 26 years, appropriate multiplier would be '17' and 40% future prospects requires to be added and as he was a bachelor, 50% requires to be deducted towards his personal expenses. Thus, the claimants would be entitled to Rs.13,56,600/- (9,500 + 40% X 50% X 12 X 17) towards 'loss of dependency' as against Rs.8,57,000/- awarded by the Tribunal. 7. The claimants, being the father and sister of the deceased, each would be entitled to Rs.48,400/- i.e., in all Rs.96,800/- (48,400 x 2) towards ‘loss of consortium’. The claimants would also be entitled to sum of Rs.36,300/- under the ‘conventional heads’. 8. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Compensation under different Heads (Rs.) 1. Loss of Dependency 13,56,600 2. Loss of consortium 96,800 3. Conventional heads 36,300 Total 14,89,700 - 5 - HC-KAR CNR: KAHC010117602022 NC: 2026:KHC:47647 MFA No. 2433 of 2022 9. Thus, the claimants would be entitled for total compensation of Rs.14,89,700/- as against Rs.9,77,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 10. The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. 11. The appeal is accordingly allowed in part. 12. The apportionment of compensation amount shall be in terms of the award of the Tribunal. Registry is directed to send back the Trial Court records to the concerned Tribunal, forthwith. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 6