- 1 - HC-KAR NC: 2026:KHC:17875 MFA.CROB No. 75 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA CROSS OBJECTION NO. 75 OF 2016 (MV-D) BETWEEN: 1. RATHNAMMA W/O LATE K T MANJUNATHA, AGED ABOUT 36 YEARS, KULENUR, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 2. M SWAMY S/O LATE K T MANJUNATHA, AGED ABOUT 16 YEARS, SINCE MINOR REP. THROUGH NATURAL GUARDIAN & MOTHER SMT. RATHNAMMA RESP.NO.1 KULENUR, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …CROSS OBJECTORS (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. M.M. AJJAIAH S/O NAGAPPA, AGED ABOUT 28 YEARS, DRIVER OF LUGGAGE AUTO RICKSHWA, BEARING NO KA-17/6024, R/O GEDDALAHATTI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 2. C.S. YOGENDRAPPA S/O C K SIDDALINGAPPA, AGED ABOUT 37 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17875 MFA.CROB No. 75 of 2016 OWNER OF LUGGAGE AUTO RICKSHWA, BEARING NO KA-17/6024, R/O KULENUR VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 3. THE MANAGER BANK LTD., M/S ICICI, BELLAD & COMPANY, 2ND FLOOR, GOKUL ROAD, HUBLI, NOW REPRESENTED BY ITS BANGALORE OFFICE, NO. 89, 2ND FLOOR, S.V.R.COMPLEX, HOSUR MAIN ROD, MADIWALA, BANGALORE - 560 068 REP. BY ITS MANAGER LEGAL. …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE TO R3, R2-SERVED, NOTICE TO R1 IS D/W) THIS MFA.CROB IS FILED U/O 41, RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED22.6.2013 PASSED IN MVC NO.82/2010(OLD NO.1024/2009) ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, CHANNAGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 27.01.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed by the appellants/claimants challenging the judgment and award dated 22.06.2013 passed in MVC No.82/2010 (old No.1024/2009) passed by Senior Civil Judge and MACT, Channagiri. - 3 - HC-KAR NC: 2026:KHC:17875 MFA.CROB No. 75 of 2016 2. Heard the argument of learned counsel for appellants and learned counsel for respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The claimants filed a claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering entering evidence on record granted an amount of Rs.5,19,000/-. 4. Aggreived by the said award, claimants are before this court and contended that K.T. Manjunath who died in an accident on 07.04.2008 was aged 32 years. However, the Tribunal ought to have taken his income as Rs.5,000/- per month and the amount granted under loss of dependency is on lower side. Further, it is submitted that the amounts granted under other heads are also meager. Thus requested for enhancement of the compensations. 5. Though it is stated that the deceased KT Manjunath was doing agriculture and business earning Rs.15,000/- per month they have not filed any income proof. As the deceased met with an accident in the year 2008, this court finds it - 4 - HC-KAR NC: 2026:KHC:17875 MFA.CROB No. 75 of 2016 reasonable to take the notional income as Rs.4,500/- as per the chart prepared by Karnataka State Legal Services Authority. 6. Further, it is stated that he was aged 38 years, but he produced his school certificate under Ex.P11. As per the said document, he was born in the year 1969 and met with an accident in the year 2008 and thus he was aged 39 years and as on the date of accident. The tribunal has rightly considered the multiplier of ’15; and it is hereby confirmed. He is also entitled for 40% towards future prospects and at the time of filing claim petition, parents of the K.T. Manjunath were also alive, they were added as claimant No.3 and 4, but during the pendency of the claim petition, they died. Therefore, this court finds it reasonable to deduct 1/3rd towards personal expenses. Hence, loss of dependency comes to Rs.4,500 + 40% x 12 x 15 - 1/3 = Rs.7,56,000/-. Further, petitioner No.1 is entitled for spousal consortium of Rs.48,000/- and petitioner No.2 is entitled for fililial consortium of Rs.48,000/- each, respectively. Also, they are also entitled for Rs.36,000 under the convention head. - 5 - HC-KAR NC: 2026:KHC:17875 MFA.CROB No. 75 of 2016 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.5,19,000/- to Rs.8,88,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed. ii. The judgment and award dated 22.06.2013 passed in MVC No.82/2010 (Old No.1024/2009) on the file of the Senior Civil Judge and MACT at Channagiri, is modified. Sl. Nos . Particulars Amount in Rs. 1 Towards loss of dependency 7,56,000 2 Towards loss of consortium (8 claimants) 96,000 3 Conventional heads 36,000 Total 8,88,000 - 6 - HC-KAR NC: 2026:KHC:17875 MFA.CROB No. 75 of 2016 iii. The claimants are entitled to a sum of Rs.8,88,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,19,000/- granted by the tribunal. iv. Already pay and recovery is ordered in MFA No.1039/2014. Therefore, Insurance company is directed to deposit the compensation amount and they are at liberty to recover the same from the owner of the vehicle. v. On such deposit, petitioner No.1/the wife of the deceased 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.: 1