- 1 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4189/2024 (MV-D) BETWEEN: SRI. VENKATARAMANA GOWDA, AGED ABOUT 67 YEARS, S/O LATE MUDLAIAH, R/AT NUMBER 87, 3RD MAIN ROAD, SRIRANGA NAGAR, BSK III STAGE, HOSAKEREHALLI, BENGALURU-560 085. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. MR. IMRAN BAIG, MAJOR, S/O REHMAN BAIG, R/AT NO. 179, 9TH CROSS, NEAR MACCA MASJID, GANGONDANAHALLI, BENGALURU-560 039. 2. RELIANCE GENERAL INSURANCE CO. LTD., NO. 28, CENTENARY BUILDING, 5TH FLOOR, SOUTHERN PORTION EAST WING, M G ROAD, BENGALURU-560 001, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2, V/O DTD 16.04.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.01.2024 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 NO.3716/2021 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MACT, BENGALURU, (SCCH-22), 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 19.01.2024 passed in MVC No.3716/2021 on the file of the XX Additional Judge, Court of Small Causes and ACMM, Member, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The petitioner had filed case before the tribunal seeking compensation for the death of one Smt.Rukmani S.J., who met with an accident on 19.06.2021 and died. - 3 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 Hence, her husband filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.14,71,500/- along with interest at the rate of 6% p.a., from date of petition till the deposit. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the Tribunal deducted 50% towards the personal expenses of the deceased, without considering the fact that she was married. He relied upon the judgment in case of Sarla Verma and Others vs. Delhi Transport Corporation Limited and Another reported in (2009) 6 SCC 1219, in which it was specifically mentioned that if the person is married, 1/3rd is to be deducted towards her personal expenses, as the dependent is only one person. Further, the amount granted under loss of estate and funeral expenses are meager. Loss of consortium is also on lower side and thus requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 5. Learned counsel for the petitioner submits that the deceased Rukmini was giving tuition and was earning Rs.25,000/- per month, but no income proof was filed. As she met with an accident in the year 2021, her notional income was rightly taken by the Tribunal as per the guidelines of the Karnataka State Legal Services Authority as Rs.15,000/- per month and it needs no interference. She was aged 53 years, and the multiplier taken is 11. So she is entitled for 10% towards future prospects, as per the judgment in case of National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC 680 as per the same, 1/3rd is to be deducted towards her personal expenses. The loss of dependency is calculated as below, Addition of 10% future prospects to salary of Rs.15,000/- (15,000 X 10%) = 1500 = Rs.15,000+1500 = Rs.16,500 Rs.16,500 X 12 X 11 = Rs.21,78,000 - 5 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 Loss of dependency is less 1/3rd of Rs.21,78,000= Rs.7,26,000 (21,78,000-7,26,000) =14,52,000 The amount granted by the Tribunal under other heads needs no interference. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.14,71,500/- to Rs.18,34,500/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 14,52,000 2 Towards funeral expenses and transportation charges 22,000 3 Towards consortium 44,000 4 Towards loss of estate 16,500 5 Towards medical expenses 3,00,000 Total 18,34,500 - 6 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 19.01.2024 passed in MVC No.3716/2021 on the file of the XX Additional Judge, Court of Small Causes and ACMM, Member, MACT, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.18,34,500/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.14,71,500/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of - 7 - HC-KAR NC: 2026:KHC:911 MFA No. 4189 of 2024 Rs.3,63,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 56