- 1 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1075 OF 2021(MV-D) BETWEEN: 1. RATHNAMMA W/O. LATE MADIHALLIGOWDA AGED ABOUT 45 YEARS R/O. RAMJIHALLI, GANDSI HOBLI ARSIKERE TALUK-573 103 HASSAN DISTRICT NOW RESIDING AT C/O. RAMEGOWDA 11TH CROSS, KUVEMPU NAGAR HASSAN-573 201 2. MANU M. S/O. LATE MADIHALLIGOWDA AGED BOUT 26 YEARS 3. GIRISHA M. S/O. LATE MADIHALLIGOWDA AGED ABOUT 24 YEARS APPELLANT NOS.2 AND 3 ARE R/O. NEAR GANESH TEMPLE TURAHALLI, BENGALURU NORTH BENGALURU 4. NANJAMMA W/O. LATE HUCCHEGOWDA MOTHER OF DECEASED LATE MADIHALLIGOWDA AGED ABOUT 67 YEARS Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 R/O. RAMJIHALLI VILLAGE GANDSI HOBLI ARASIKERE TALUK-573 103 HASSAN DISTRICT …APPELLANTS (BY SRI G. M. SHARATH KUMAR, ADVOCATE FOR; SRI CHETHAN B., ADVOCATE) AND: 1. EXPRESS CARE CARE OFFICE AT NO.51/A VISHVESHWARAIAH ROAD 80 FEET ROAD, BTM 4TH STAGE B. G. ROAD BENGALURU-560 076 2. THE MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., MANJUANTHA COMPLEX OLD BUS STAND ROAD HASSAN-573 201 …RESPONDENTS (BY SRI NIKHIL, ADVOCATE, FOR; SMT. GEETHA RAJ, ADVOCATE FOR R-2; V/O/D 22/4/2024, NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S. 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2020 PASSED IN M.V.C. NO.1023/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 ORAL JUDGMENT Heard Sri.G.M.Sharath Kumar who represents Sri.Chethan.B, learned counsel on record for the appellants as well as Sri.Nikil who represents Smt.Geetha Raj, learned counsel on record for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Arsikere in MVC No.1023/2019 dated 05.08.2020. This is a claimants' appeal. 3. It is not in dispute that the first appellant is the wife, appellant Nos.2 and 3 are the major sons and appellant No.4 is the mother of the deceased Madihalligowda (hereinafter be referred to as the deceased for brevity), who died in a road traffic accident that occurred in the year 2019. They, projecting themselves to be the dependents of the deceased, filed a petition claiming compensation. The Tribunal through the impugned award held that they are entitled to a sum of - 4 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 Rs.9,51,000/- as compensation. Their version is that they are entitled to a higher sum. 4. Arguing the matter, learned counsel for the appellant states that so far as grant of compensation under the head loss of dependency is concerned, he is aggrieved by the income taken notionally in respect of the deceased and failure on the part of the Tribunal to add future prospects. Learned counsel submits that the deceased by attending agricultural work and as coolie was earning substantial sum by the date of accident. However, the Tribunal took the national income as Rs.9,500/- only per month. Learned counsel states that the accident occurred in the year 2019 and for the relevant period even the Karnataka State Legal Services Authority is taking the national income as Rs.14,000/- per month for settlement of claims and at least the said figure should have been considered by the Tribunal. 5. Learned counsel who represents respondent No.2 did not raise any objection whatsoever to take the - 5 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 notional income of the deceased as Rs.14,000/- per month. Also the said figure appears justifiable. Therefore, the notional income of the deceased is considered to be Rs.14,000/- per month. 6. So far as adding of future prospects are concerned, as rightly contented by learned counsel for the appellants, the deceased being aged about 52 years by the date of accident, as per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, 10% of the earnings are required to be added towards future prospects. Thus on taking the notional income as Rs.14,000/- per month, adding 10% towards future prospects and without disturbing other parameters i.e., deduction of 1/3rd towards personal and living expenses which the deceased would have incurred for himself had he been alive and applying appropriate multiplier 11, the compensation which the appellants are - 6 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 entitled to receive under the head loss of dependency is as under: Notional monthly income Rs.14,000/- Annual income Rs.1,68,000/- On adding 10% towards future prospects Rs.1,84,800/- On deducting 1/3rd towards personal and living expenses Rs.1,23,200/- Loss of dependency, on applying appropriate multiplier '11' Rs.13,55,200/- 7. Also together with the said amount, the first appellant being the wife of the deceased is entitled to Rs.40,000/- towards loss of spousal consortium, appellant Nos.2 and 3 being the sons of the deceased are entitled to Rs.40,000/- each towards loss of parental consortium and appellant No.4 being the mother of the deceased is entitled to Rs.40,000/- towards loss of filial consortium. Further more the appellants are entitled to Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate. Therefore, the total compensation which the appellants are entitled to under each head is as under: - 7 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 Sl. No Description Amount 1 Loss of dependency Rs.13,55,200 2 Loss of spousal consortium Rs.40,000 3 Loss of parental consortium Rs.80,000 4 Loss of filial consortium Rs.40,000 5 Funeral expenses Rs.15,000 6 Loss of estate Rs.15,000 Total Rs.15,45,200 8. The Tribunal through the impugned order held that the appellants are entitled to a sum of Rs.9,51,000/- as compensation. However the aforementioned discussion makes it clear that they are entitled to a sum of Rs.15,45,200/- as compensation. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Arsikere through orders in MVC No.1023/2019 dated 05.08.2020 is - 8 - HC-KAR NC: 2026:KHC:3434 MFA No. 1075 of 2021 enhanced from Rs.9,51,000/- to Rs.15,45,200/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this judgment. (v) Out of the enhanced sum appellant No.1 is entitled to 50%, appellant No.4 to 30% and appellant Nos.2 and 3 10% each. (vi) On deposit, appellants are permitted to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 31