- 1 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100507 OF 2021 (MV-D) BETWEEN: 1. SMT. AKKAMAHADEVI W/O. KARIYAPPA KAVALI, AGE. 48 YEARS, OCC. HOUSE HOLD, 2. YALLAPPA S/O. KARIYAPPA KAVALI, AGE. 27 YEARS, OCC. COOLIE, 3. HARISH S/O. KARIYAPPA KAVALI, AGE. 26 YEARS, OCC. COOLIE, ALL ARE R/O. HULIKOTI, TQ. AND DIST. GADAG. …APPELLANTS (BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE) AND: 1. VENKAREDDY S/O. RAMAPPA NAVALI, AGE. 59 YEARS, OCC. BUSINESS, R/O. HULIKOTI-582118, TQ. AND DIST. GADAG. 2. THE DIVISIONAL MANAGER, Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 UNITED INDIA INSURANCE CO. LTD., OPP. DISTRICT COURT, DHARWAD-580001. …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 02.12.2019 PASSED IN MVC NO.119/2017 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.119/2017 dated 02.12.2019 by the Additional Senior Civil Judge & Member MACT, Gadag, the appellants/claimants are before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.18,50,000/- for the death of the deceased in the accident. The claimants are the wife and two sons of the deceased. The Tribunal considering the income of the deceased at Rs.8,000/- per month and not considering the children as dependants had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 5,28,000/- 2. Medical Expenses : Rs. 1,18,000/- 3. Loss of consortium : Rs. 40,000/- 4. Loss of estate : Rs. 15,000/- 5. Transportation of dead body and funeral expenses : Rs. 15,000/- TOTAL : Rs. 7,16,000/- - 4 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 3. Learned counsel appearing for the claimants submits that the children of the deceased are 24 and 23 years old and the Tribunal ought to have considered them as the dependants. As the accident had taken place in the year 2017, the Tribunal ought to have taken the income of the deceased at Rs.10,250/- per month and the compensation that is awarded under the other conventional heads is not just and reasonable. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly held that the major sons cannot be considered as defendants. It is submitted that the Tribunal had rightly taken the income and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the entire material on record. The dependents are the wife and two children of the deceased and the children are aged about 23 and 24 years old. Just because they are majors, that itself cannot be a ground for the Tribunal not to consider them as the dependants. This Court is of the view that the sons shall be considered as the dependants of the deceased. Even the Hon'ble Apex Court in case of Seema Rani and Others Vs. Oriental - 5 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 Insurance Company Limited and Others1 had considered the major sons as the dependents of the deceased. Then coming to the income, the accident had taken place in the year 2017. Hence, this Court is taking the income at Rs.10,250/- per month. Considering the age of 54, future prospects at 10% would come to an amount of Rs.1,025/- and income would come to Rs.11,275/-. As there are 3 claimants, 1/3rd has to be deducted towards the personal expenses i.e., Rs.3,758/-. Then the contribution to the family will come to an amount of Rs.7,517/-. Hence, under the head of loss of dependency, this Court is granting an amount of Rs.9,92,244/- (Rs.7,517x12x11). Towards loss of consortium, this Court is granting an amount of Rs.1,44,000/- (Rs.48,000x3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. The Tribunal had rightly granted an amount of Rs.1,18,000/- towards medical expenses and this Court finds no reasons to interfere. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, 1 2025 INSC 192 2 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 5,28,000/- 9,92,244/- 2. Medical Expenses : Rs. 1,18,000/- 1,18,000/- 3. Loss of consortium : Rs. 40,000/- 1,44,000/- 4. Loss of estate : Rs. 15,000/- 00/- 5. Transportation of dead body and funeral expenses : Rs. 15,000/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 7,16,000/- 13,00,244/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.13,00,244/-. 9. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.7,16,000/- to Rs.13,00,244/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 7 - HC-KAR NC: 2026:KHC-D:771 MFA No. 100507 of 2021 ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security. iv. The Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 14