- 1 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 4959 OF 2023 (MV-D) BETWEEN: 1. SMT. SHALINI. D.M. W/O. GURUCHANNABASAVAIAH, AGED ABOUT 24 YEARS, R/AT DODDA ENNEGERE VILLAGE, HANDANAKERE HOBLI, C.N. HALLI TALUK, TUMKUR DISTRICT- 586 201 KARNATAKA STATE. NOW R/AT, KENKERE VILLAGE, HULIYAR HOBLI, C.N. HALLI TQ, TUMKUR DISTRICT-586 201, KARNATAKA STATE. 2. CHANNABASAMMA, W/O. SHIVA KUMAR, AGED ABOUT 56 YEARS, R/AT KENKERE VILLAGE, HULIYAR HOBLI, C.N. HALLI TALUK, TUMKUR DISTRICT-586 201., KARNATAKA STATE. 3. SHIVAKUMAR, S/O. SOMASHEKARAIAH AGED ABOUT 59 YEARS, R/AT KENKERE VILLAGE, Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 HULIYAR HOBLI, C.N. HALLI TALUK, TUMKUR DISTRICT- 586 201, KARNATAKA STATE. …APPELLANTS (BY SRI. M.V. MAHESWARAPPA, ADVOCATE) AND: 1. KANUGAGUDDA RAMULU S/O. KANUGUGUDDA RAMAIAH, AGED MAJOR, R/AT H.N.2-01, KAALVENA, BHOOTHPUR, S.O. MAHABUB NAGAR, TELANGANA-509 382. 2. THE MANAGER, M/S. CHOLAMANDALUM M.S. GENERAL INS. CO. LTD., HAVING ITS OFFICE AT NO.04, 9TH FLOOR, LEVEL-6, GOLDEN HEIGHTS COMPLEX, 59TH C. CROSS ROAD, 4TH M. BLOCK, INDUSTRIAL SUBURB, RAJAJINAGAR, BENGALURU-560 010 KARNATAKA. 3. THE BRANCH MANAGER, M/S CHOLAMANDALUM M.S. GENERAL INS. CO., LTD., HAVING ITS BRANCH OFFICE AT 2-3RD FLOOR, ARCHED PARK LINE, HYDERABAD, TELANGANA STATE-500001, GOLDEN HEIGHTS COMPLEX, …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2 & R3; V/O DATED 03.07.2024 NOTICE TO R1 DISPENSED WITH) - 3 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2023 PASSED IN MVC NO.104/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AND XIX MACT, CHIKKANAYAKANAHALLI, 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 D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been preferred by the appellants assailing the judgment and award dated 09.06.2023 passed by the Court of Senior Civil Judge and JMFC, XIX MACT at Chikkanayakanahalli ('MACT' for brevity) in M.V.C.No.104 of 2022. 2. The present appeal has been filed for enhancement of the compensation awarded by the MACT on account of death of one Guruchannabasavaiah, who - 4 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 died in a motor vehicle accident that occurred on 03.11.2021. The factum of accident and death are not in dispute. The only dispute is that, whether the notional income for computing the loss of dependency and compensation is correct or it requires enhancement? 3. The deceased aged around 28 years at the time of accident, was working in Saudi Arabia as Welding Technician in Aasia Steel Factory Co. Ltd., having its production unit at Support Industries-3, Road 118, PO- 1032, Jubail Industries City-31961, Saudi Arabia. To support the case of his income at Rs.3,200/- SAR per month, the salary certificate as per Exhibit P9 was produced. However, in absence of any corroborative evidence to prove the said salary certificate, the MACT has rejected the salary certificate and has taken notional income for computation of the compensation including loss of dependency. - 5 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 4. It is not in dispute that the deceased was working in Saudi Arabia, the dispute is only with regard to his income. We have seen the Bank statement produced by the appellants, which would suggest that there was no regular flow of money in the account of the deceased in India. However, in the month of September and October 2021, he has deposited a sum of Rs.50,000/- and Rs.30,000/- respectively. The notional income has to be taken for the person who is unemployed and there is no evidence to show the deceased's qualification or employment. However, in case where the deceased was gainfully employed, in the absence of corroborating evidence, the national income cannot be the basis for computation of the compensation. 5. Though the appellants have claimed the monthly income of the deceased to be Rs.64,000/- in Indian currency, but looking at the corroborative evidence, i.e., the bank statement, we find that Rs.30,000/- would - 6 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 be a justified income to be taken into account for computation of the compensation on account of the death of deceased. We, therefore, reassess the compensation as under: 6. Having regard to the age of the deceased, the multiplier applicable is 17. After deducting 1/3rd of the income towards personal and living expenses, the loss of dependency is accordingly recalculated as under: Rs.30,000/- + Rs.12,000/- (40%) = Rs.42,000/- Rs.42,000/- × 12 × 17 × 2/3 = Rs.57,12,000/- Accordingly, the appellants are entitled to Rs.57,12,000/- towards loss of dependency as against Rs.27,13,200/- awarded by the Tribunal. 7. Accordingly, the compensation is reassessed as follows: HEADS Rs. Loss of dependency 57,12,000 - 7 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 Funeral expenses 15,000 Loss of estate 15,000 Loss of Consortium 1,20,000 TOTAL 58,62,000 Less: Compensation awarded by the Tribunal 27,83,200 ENHANCED COMPENSATION 30,78,800 8. Thus, the appellants are entitled to a total compensation of Rs.58,62,000/- as against Rs.27,83,200/- awarded by the MACT. 9. Accordingly, the appeal is partly allowed. The judgment and award dated 09.06.2023 passed by the Court of Senior Civil Judge and JMFC, XIX MACT at Chikkanayakanahalli in M.V.C.No.104 of 2022, is modified to the aforesaid extent. 10. The enhanced compensation of Rs.30,78,800/- shall carry interest at 6% per annum from the date of petition till realization. - 8 - HC-KAR CNR: KAHC010364932023 NC: 2026:KHC:50055-DB MFA No. 4959 of 2023 11. The apportionment, disbursement and deposit of the enhanced compensation shall be in terms of the directions issued by the Tribunal in the impugned judgment and award. 12. The remaining terms and conditions of the judgment and award of the Tribunal shall remain unaltered. Registry shall transmit the original records to the MACT forthwith. Ordered accordingly. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 14