- 1 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5370 OF 2022(MV-D) BETWEEN: 1. RAJAMANI W/O LATE SIDDESHA, AGED ABOUT 30 YEARS, 2. PUNYAVATHI S/O LATE SIDDESHA, AGED ABOUT 13 YEARS, 3. SOMASHEKHARA S S/O LATE SIDDESHA, AGED ABOUT 15 YEARS, (APPELLANT NO. 2 AND 3 ARE MINORS REP BY LEGAL GUARDIAN MOTHER RAJAMANI) 4. REVANNA SIDDA S/O MADAPPA, AGED ABOUT 69 YEARS, 5. PARVATHAMMA W/O REVANNA SIDDAPPA, AGED ABOUT 59 YEARS, 6. RATHNAMMA W/O REVANNA, AGED ABOUT 39 YEARS, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 ALL ARE RESIDING AT YARAGABATU, ARABIGERE 85, PARASEGOWDANAPALYA, KOLLEGALA TQ, CHAMARAJANAGARA DISTRICT - 571457. …APPELLANTS (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. VIMALA KUMAR P S/O PONNASWAMI, AGED ABOUT 38 YEARS, R/AT ARUNODAYA CHURCH, SIDDAYYANAPURA, KOLLEGAL TQ, CHAMRAJANGARA DISTRICT - 571449. 2. THE MANAGER BRANCH OFFICE, ICICI LOMBARD GENERAL INSURANCE CO LTD, MYTHRI ARCADE BUILDING, 1ST MAIN ROAD, SARASWTHIPURAM, MYSURU - 570009. …RESPONDENTS (R2-SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2022 PASSED IN MVC NO. 343/2020 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 ORAL JUDGMENT Heard. Sri Syed Abdul Saboor, learned counsel for the appellants who appears through video conference. Proof of service of notice upon respondent No.2 is on record. Respondent No.2 did not choose to contest the matter. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Mysuru, in MVC No.343/2020 dated 30.03.2022. This is a claimants' appeal. 3. The first appellant being the wife, appellants No.2 and 3, the minor children, appellant No.4, the father, appellant No.5, the mother, and appellant No.6, the married sister of the deceased Siddesha, (hereinafter referred to as 'the deceased' for brevity), who died in a road traffic accident that occurred in the year 2020, filed a petition claiming compensation of Rs.43,00,000/- in total. The Tribunal through the impugned award granted a sum of Rs.29,04,649/- as compensation. Projecting that they are entitled to a higher sum, the present appeal is filed. - 4 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 4. Making his submission in respect of the merits of the matter learned counsel for the appellants contends that the deceased by working as Manager in a private company was earning Rs.18,000/- per month and he was contributing his entire earnings for the welfare of the appellants. Though sufficient evidence was produced to that effect, the tribunal failed to consider the same and took the notional income of the deceased as Rs.14,000/- per month unjustifiably. Learned counsel submits that the appellants are only aggrieved by the quantum of amount that is granted as compensation under the head 'loss of dependency'. 5. As rightly contended by learned counsel for the appellants, to establish the occupation and earnings of the deceased as on the date of accident, the appellants besides examining the employer of the deceased as PW2, also produced Ex.P16 - salary certificate and Ex.P17- registration certificate in respect of the Organisation where the deceased was working by the date of accident. The tribunal though discussed the evidence of PW2 and the contents of Exs.P16 and P17 at para 18 of the impugned order, failed to consider the said evidence. - 5 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 As per the evidence of PW2, he is working as Manager in Bhramaramba Trading Company which has four lorrys and two tractors and the deceased was employed as Supervisor and he was being paid Rs.18,000/- per month. This Court does not find any reason to discard the evidence of PW2 and Exs.P16 and P17. Therefore, this Court considers desirable to take the income of the deceased as Rs.18,000/- per month. 6. On taking the income of the deceased as Rs.18,000/- per month and without disturbing other parameters i.e. adding of 40% towards future prospects, deducting 1/4th towards the personal and living expenses which the deceased would have incurred for himself had he been alive and applying the appropriate multiplier '15', the compensation which the appellants No.1 to 5 are entitled to towards loss of dependency is as under: Description Amount Rs. Monthly income 18,000-00 Annual income (18,000 x 12) 2,16,000-00 Add 40% towards future prospects(2,16,000+40%) 3,02,400-00 - 6 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 On deducting 1/4th towards personal and living expenses 2,26,800-00 Loss of dependency on applying the appropriate multiplier '15'(2,26,800x15) 34,02,000-00 7. The Tribunal awarded a sum of Rs.26,46,000/- only under the head 'loss of dependency'. However, the justifiable sum which the appellants No.1 to 5 are entitled to is Rs.34,02,000/-. Therefore, appellants No.1 to 5 are entitled to receive an additional sum of Rs.7,56,000/- (34,02,000/- - 26,46,000/-) towards 'loss of dependency'. 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 Motor Accident Claims Tribunal, Mysuru through orders in MVC No.343/2020 dated 30.03.2022 is enhanced by Rs.7,56,000/-. 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) Out of the enhanced sum, the first appellant is entitled to Rs.4,00,000/-. Appellants No.2, 3 and 5 are entitled to - 7 - HC-KAR NC: 2026:KHC:743 MFA No. 5370 of 2022 Rs.1,00,000/- each and appellant No.4 is entitled to Rs.56,000/-. v) Respondent No.2 is directed to deposit the enhanced sum within a period of two months. vi) On such deposit, appellants No.1, 4 and 5 are permitted to withdraw their respective shares along with their share of interest. vii) The amount that falls to the share of appellants No.2 and 3 shall be kept in any interest yielding fixed deposit scheme of any Nationalized Bank, till they attain the age of majority. viii) On they attaining the age of majority, they are permitted to withdraw the same along with accrued interest. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 8