- 1 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1790 OF 2017 (MV-D) BETWEEN: 1. SMT SUDHA MOHAN NAIK W/O LATE MOHAN KARIYAPPA NAIK, AGED ABOUT 32 YEARS, 2. MASTER. MANOJ MOHAN NAIK S/O LATE. MOHAN KARIYAPPA NAIK, AGED ABOUT 11 YEARS 3. MASTER. MANOHAR MOHAN NAIK S/O LATE MOHAN KARIYAPPA NAIK AGED ABOUT 08 YEARS 4. SMT. NAIK TUKKAVVA W/O LATE KARIYAPPA NAIK AGED ABOUT 66 YEARS (SINCE THE APPELLANT NO.2 & 3 ARE MINORS THEY ARE REPRESENTED BY THEIR MOTHER SMT. SUDHA MOHAN NAIK AS NATURAL GUARDIAN) ALL ARE R/AT BEDASAGAON MUNGOD TOGRALLI, BEDASAGAON, MUNGOD, UTTARA KANNADA DITRICT PIN-581346. …APPELLANTS (BY SRI. RAGHU R, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 AND: 1. RELIANCE GENERAL INSURANCE NO.28, 5TH FLOOR, REGIONAL OFFICE, CENTENARY BUILDING, M.G. ROAD, BENGALURU 560001. REP. BY ITS MANAGER. 2. SRI. NAGARAJU.C.R. S/O RAMAIAH, NO.13, CHOLASANDRA VILLAGE, NAGAMANGALA 571432. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R1 R2 UNSERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2016 PASSED IN MVC NO.465/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MAGADI, 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 MR. JUSTICE C.M. POONACHA ORAL JUDGMENT 1. The above appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 19.11.2016 [impugned judgment and award] passed in MVC No.465/2014 by the Senior Civil - 3 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 Judge & JMFC, Magadi1, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `12,61,200/- together with interest at 8% pa. The present appeal is filed seeking enhancement of compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded by the Tribunal. 3. It is forthcoming that the deceased was aged 32 years at the time of the accident i.e., on 13.07.2014. Hence, the Tribunal has rightly applied the multiplier of '16', which is just and proper. 4. The deceased was stated to be a Horticulturist. However, no documents have been produced to demonstrate his income. The Tribunal assessed his income at Rs.6,000/- p.m. Having regard to the date of the accident, the notional income of the deceased is re-assessed as Rs.8,500/- p.m. 40% is required to be added to the notional income towards future prospects in 1 Hereinafter referred to as ‘Tribunal’ - 4 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 terms of the judgment of the Supreme Court in the case of National Insurance Company Ltd v. Pranay Sethi2. 5. The claimants are the wife, two children and the mother of the deceased. Hence, 1/4th is required to be deducted towards personal expenses. Accordingly, the loss of dependency is re-assessed as (`8,500/- +40% -1/4th x16x12) `17,13,600/- as against `11,23,200/- awarded by the Tribunal. 6. The claimants are entitled to loss of consortium in terms of the judgment of the Supreme Court in the case of Magma General Insurance Co., Ltd., v. Nanu Ram3 at `40,000/- each. Accordingly, a sum of (`40,000/-x4) `1,60,000/- is awarded towards the same. The compensation of `1,00,000/- awarded by the Tribunal towards love and affection is set aside. 7. The claimants are entitled to `15,000/- towards funeral expenses and `15,000/- towards loss of estate. Accordingly, the award of compensation by the Tribunal on other conventional heads is accordingly modified/set aside. 2 AIR 2017 SC 5157 3 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 8. The Tribunal has awarded medical expenses of `3,000/-, which is as per the actual expenses incurred, which is just and proper. 9. Accordingly, the total compensation under various heads is re-assessed as follows: Sl.No. Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1. Transportation charges of dead body 10000.00 0.00 2. Funeral expenses 25000.00 15000.00 3. Loss of love and affection towards children, mother and wife 100000.00 0.00 4. Loss of consortium 0.00 160000.00 5. Medical expenses 3000.00 3000.00 6. Loss of dependency 1123200.00 1713600.00 7. Loss of estate 0.00 15000.00 Total 1261200.00 1906600.00 10. Accordingly, the claimants are entitled to enhanced compensation of (`19,06,600/- - `12,61,200/-) `6,45,400/-. 11. It is noticed that the Tribunal has awarded interest at 8% pa. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at - 6 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 the rate of 7% p.a., on the compensation as re-assessed by this Court. 12. In view of the aforementioned, the following: ORDER i. The above appeal is partly allowed; ii. The judgment and award dated 19.11.2016 passed in MVC No.465/2014 by the Senior Civil Judge & JMFC, Magadi, is modified to the extent of holding that the claimants are entitled to enhanced compensation of `6,45,500/- together with interest at 7% p.a., from date of petition till date of payment, in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered; iii. The respondent No.1 - insurer shall deposit the enhanced compensation together with the accrued interest within a period of 6 weeks from date; iv. The enhanced compensation together with accrued interest shall be disbursed in terms of the judgment and award of the Tribunal; v. The modified award to be drawn accordingly; - 7 - HC-KAR NC: 2026:KHC:22760 MFA No. 1790 of 2017 vi. The Records be returned to the Tribunal forthwith; vii. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 9