- 1 - HC-KAR NC: 2026:KHC:2760 MFA No. 4108 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 4108 OF 2016 (MV-D) BETWEEN: 1. GANGAMMA, AGED ABOUT 51 YEARS, W/O LATE SASALAIAH. 2. K S RANGANATH, AGED ABOUT 28 YEARS, S/O LATE SASALAIAH. 3. K S DINESH, AGED ABOUT 27 YEARS, S/O LATE SASALAIAH. ALL ARE RESIDENTS OF KALKERE VILLAGE - 572 103, HEBBUR HOBLI, TUMAKURU TALUK AND DISTRICT. …APPELLANTS (BY SRI SIDDAREED SHRISHAIL PATIL AND SRI HARISH N.R, ADVOCATES FOR SRI PATEL D KAREGOWDA, ADVOCATE) AND: 1. RENUKAPRASAD, MAJOR, S/O LATE SANNAHANUMAIAH, R/O UPPAR STREET, KUNIGAL TOWN & TALUK, TUMAKURU DISTRICT-572 201. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2760 MFA No. 4108 of 2016 DIVISIONAL OFFICE, JAYADEVA COMPLEX, B.H.ROAD, TUMAKURU - 572 101. 3. RANGAMMA, MAJOR, W/O LATE GIRIYAPPA @ GIRIGOWDA, R/O KALKERE VILLAGE, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT-572 201. DELETED VIDE COURT ORDER DATED 07.02.2017. …RESPONDENTS (BY SMT. JAYALAKSHMI K B, ADVOCATE FOR R-1; SRI B.A RAMAKRISHNA, ADVOCATE FOR R-2; V/O DATED 07.02.2017 R-3 IS DELETED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2016 PASSED IN MVC NO.669/13 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT-10, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard the learned counsel for the appellant and learned counsel for respondent Nos.1 and 2. 2. The short point that arise for consideration in this appeal is regarding the quantum of the compensation amount. The fact that the husband of petitioner No.1 and father of petitioner Nos.2 and 3 and son of petitioner No.4 - 3 - HC-KAR NC: 2026:KHC:2760 MFA No. 4108 of 2016 died in a road traffic accident dated 24.05.2013 involving the motorcycle bearing No.KA-06-V-4742 owned by respondent No.1 and insured by respondent No.2 is not in dispute. The only contention urged by learned counsel for the appellant/petitioners is regarding the quantum of the compensation. It is submitted that the deceased was aged about 59 years, a peon serving in Revenue Department and earning a sum of Rs.18,904/- as per Ex.P6. It is submitted that the future prospects were not at all considered by the Tribunal and the love and affection as well as the consortium for each of the petitioners was also not considered by the Tribunal. Therefore, he submits that the compensation amount has to be enhanced. 3. Per contra, learned counsel for respondent Nos.1 and 2 submit that the quantum of the compensation awarded by the Tribunal is proper and correct and there is no need for any enhancement. 4. A careful perusal of the impugned judgment as well as the records would reveal that the fact that the - 4 - HC-KAR NC: 2026:KHC:2760 MFA No. 4108 of 2016 petitioner was serving as a peon in the Revenue Department earning Rs.18,904/- is evidenced by Ex.P6. In view of the judgment of the Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI AND OTHERS1, the 'future prospects' should have been considered by the Tribunal. Therefore, by adding 15% to the above amount, the effective multiplicand would come to Rs.21,740/- [i.e., Rs.18,904 + Rs.2,836/- (15%)]. Therefore, the 'loss of dependency' is calculated as Rs.21,740/- x 9 x 12 x 3/4 = 17,60,940/-. A multiplier of '9' and personal expenses of 1/4th is taken in view of the fact that the age of the deceased is 59 and number of dependants is 4. By adopting the escalation as held in the case of PRANAY SETHI (Supra), the 'loss of consortium/loss of love and affection' has to be assessed at Rs.44,000/- each to the petitioners. Hence, a sum of Rs.1,76,000/- is awarded to them under this head. 1 AIR 2017 SC 5157 - 5 - HC-KAR NC: 2026:KHC:2760 MFA No. 4108 of 2016 5. The petitioners are also entitled for compensation of Rs.16,500/- under the head of 'funeral expenses' and a sum of Rs.16,500/- under the head of 'loss of estate'. 6. Thus, the petitioner is entitled for the modified compensation under different heads as below: 7. Thus, the petitioner is entitled for enhanced compensation of Rs.5,63,924/- with interest and therefore, the appeal deserves to be allowed in part. Hence, the following: ORDER (i) The appeal is allowed in part. PARTICULARS AMOUNT (IN RS.) Loss of dependency 17,60,940/- Loss of consortium/loss of love and affection 1,76,000/- Funeral expenses 16,500/- Loss of estate 16,500/- 19,69,940/- 14,06,016/- TOTAL Less awarded by Tribunal Enhancement 5,63,924/- - 6 - HC-KAR NC: 2026:KHC:2760 MFA No. 4108 of 2016 (ii) The impugned judgment and award passed by the Tribunal is modified by awarding a sum of Rs.5,63,924/- in addition to what has been awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its deposit. (iii) The respondent No.2/Insurance company is directed to deposit the entire compensation amount within a period of six weeks from the date of this order. (iv) Rest of the order of the Tribunal stands unaltered. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 12