- 1 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4485 OF 2021 (MV-D) BETWEEN: 1. SMT. TEJASHWINI W/O LATE VENKATESH MURHTY @ VENKATESH AGED ABOUT 29 YEARS 2. KUM. HARSHINI D/O LATE VENKATESH MURTHY @ VENKATESH AGED ABOUT 10 YEARS 3. SRI. VEDH V S/O LATE VENKATESH MURTHY @ VENKATESH AGED ABOUT 6 YEARS 4. SRI. RAMAIAH S/O LAKSHMAIHA AGED ABOUT 60 YEARS 5. SMT. LAKSHMAMMA W/O RAMAIAH, AGED ABOUT 54 YEARS PETITIONER NO.2 AND 3 ARE C/O SMT. TEJASWINI, SINCE MOTHER IS THE NATURAL GUARDIAN ALL ARE RESIDING AT HOSAHALLI VILLAGE Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 NO. 103, OBALAPURA POST TUMKUR TLAUK AND DISTRICT. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. THE MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., NO.2-B, UNITE BUILDING, ANNEX MISSION ROAD, LALBHAGH ROAD, BANGALORE. 2. SRI. HANUMANTHARAYAPPA S/O GANGABYLAIAH NO.74, KENGAL, KEMPOHALLI SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …RESPONDENTS (R1 - SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 27.01.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2020 PASSED IN MVC NO.6849/2017 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Shripad.V.Shastri learned counsel for the appellants who appears through video conference. 2. Though notice was served upon respondent No.1, respondent No.1 has not chosen to contest the matter. 3. The claimants in MVC No.6849/2017 which stood pending before the Motor Accident Claims Tribunal, Bangalore and was disposed of through order dated 18.06.2020 are before this Court seeking enhancement in compensation. 4. The first appellant being the wife, appellant Nos. 2 and 3 being the children, appellant No. 4 being the father, and appellant No.5 being the mother of the deceased Venkatesh Murthy (hereinafter be referred to as the - 4 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 deceased for brevity) who died in a road traffic accident that occurred in the year 2017 filed a petition seeking compensation. The tribunal through the impugned order held that they are entitled to a sum of Rs.19,43,600/- in total as compensation. Projecting that they are entitled to a higher sum they filed the present appeal. 5. Learned counsel for the appellants submits that the appellants are not aggrieved by any of the findings of the tribunal except in respect of the earnings of the deceased. Learned counsel states that by running a petty shop and as a driver, the deceased was earning Rs.25,000/- per month. However, the tribunal took the notional income of the deceased as Rs.8,000/- per month only and thereby awarded very meager sum as compensation under the head loss of dependency. Learned counsel states that the appellants failed to produce any proof in respect of the occupation and earnings of the deceased as on the date of accident. However, for the relevant period i.e., for the year 2017 in which the - 5 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 accident occurred and the deceased lost his life, the Karnataka State Legal Services Authority is taking the notional income as Rs.11,000/- per month for settlement of claims and at least said figure should have been adopted by the tribunal. Learned counsel thereby seeks to dispose of the appeal passing necessary orders. 6. Undoubtedly the occupation and the earnings of the deceased were not established by the appellants herein. However, the deceased died at the age of 28 years. This age is the right age for any person to earn and to maintain his family by providing all comforts. Thus, considering the submission that is made by learned counsel for the appellants, this Court considers desirable to take the notional income of the deceased as Rs.11,000/- per month. Thus taking the notional income of the deceased as Rs.11,000/- per month and without disturbing other parameters i.e., adding 40% towards future prospects, deducting 1/4th of the earnings towards the personal and living expenses which the deceased - 6 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 would have incurred for himself had he been alive and applying the appropriate multiplier '17', the compensation which the appellants are entitled to receive under the head loss of dependency is Rs.23,56,200/- (11,000 x 12 + 40% - 1/4th X 17). The tribunal through the impugned order held that the appellants are entitled to a sum of Rs.17,13,600/- only towards loss of dependency. Thus, the additional sum which the appellants are entitled to receive under the head loss of dependency is Rs.6,42,600/- ( 23,56,200/- - 17,13,600/-). 7. Thus in the light of the foregoing discussion, it is clear that the appellants are entitled to a sum of Rs.6,42,600/- in addition to the sum that is awarded by the tribunal. Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. - 7 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 ii. The compensation that is granted by the Motor Accident Claims Tribunal, Bangalore through orders in MVC No.6849/2017 dated 18.06.2020 is enhanced by Rs.6,42,600/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No. 1 is directed to deposit the enhanced sum within a period of two months. v. Out of the compensation granted the first appellant is entitled to a sum of Rs.2,00,000/-, appellant Nos. 2 to 4 Rs.1,00,000/- each and appellant No. 5 Rs.1,42,600/-. vi. On deposit, appellant Nos. 1, 4 and 5 are permitted to withdraw their respective shares along with their share of interest. vii. The share of appellant Nos. 2 and 3 shall be kept in any interest yielding fixed deposit - 8 - HC-KAR NC: 2026:KHC:4220 MFA No. 4485 of 2021 scheme of any nationalized bank until they attain the age of majority. viii. On they are attaining the age of majority they are permitted to withdraw the entire amount along with the accrued interest. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 1