- 1 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4563/2020 (MV-D) BETWEEN: 1. MARULAMMA W/O LATE SIDDARAMAIAH AGED ABOUT 61 YEARS. 2. KUMARA B.S.P. S/O LATE SIDDARAMAIAH AGED ABOUT 48 YEARS. BOTH ARE AGRICULTURIST R/O BELAGURU VILLAGE HOSADURGA TALUK 577527. 3. B.S. BHARATHAMMA D/O LATE SIDDARAMAIAH W/O GURUMURTHY 46 YEARS HOSUE WIFE R/O BEERESHWRA TEMPLE STREET BELAGURU VILLAGE HOSADURGA TALUKU 577527. …APPELLANTS (BY SRI. R. SHASHIDHARA, ADV.,) AND: 1. PUNITH B S/O BHEEMANNA B.L. AGED ABOUT 23 YEARS R/O TERUMANE BEEDI Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 BELAGURU VILLAGE HOSADURGA TALUK 577527 OWNER OF THE MOTOR CYCLE BEARING NO. C.K.K 2223. 2. SHIVAKUMAR N.B. S/O BASAVARAJAIAH N.C. AGED 51 YEARS R/O SJM LAYOTU, JAYADEVA MOTORS HOSADURGA CHITRADURGA DISTRICT 577527 PREVIOUS OWNER OF THE MOTRO CYCLE BERING NO C K K 2223. 3. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LD., A.M. ARCADE NEAR VIDYARTHI BHAVAN C G HOSPTIAL ROADK DAVANAGERE 577001 …RESPONDENTS (BY SRI. SUSHREEPRIYA MOHANTY, ADV., FOR R3 V/O/DTD:03.06.2022 NOTICE TO R1 & R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.11.2019 PASSED IN MVC NO.69/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, HOSADURGA, 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 MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation being aggrieved by the judgment and award dated 04.11.2019 passed in MVC.No.69/2019 by the Senior Civil Judge & JMFC, Hosadurga, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.R.Shashidhara, learned counsel for the appellants-claimants submits that the scope of his appeal is very limited as the Tribunal committed an error in deducting 1/2 of the compensation amount towards the personal and living expenses of the deceased, but the same should have been 1/3 as the claimants are the wife and children of the deceased Siddaramaiah and it is further submitted that an additional amount of Rs.80,000/- is required to be awarded under the head of - 4 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 loss of consortium, as each of the claimants are entitled to Rs.40,000/- under the said head. 4. Per contra, Sri.Sushreepriya Mohanty, learned counsel for the respondent No.3-Insurance Company supports the impugned judgment and award passed by the Tribunal and submits that the compensation awarded by the Tribunal is just and proper and seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both the sides and perused the records. 6. It is not in dispute that on 18.06.2018, one Sri.Siddaramaiah, who is the husband of appellant No.1 and father of appellant Nos.2 and 3, met with an accident and succumbed to the injuries sustained in the accident. The claimants, who are the wife and children of deceased Sri.Siddaramaiah have filed the claim petition. Hence, the learned counsel for the appellants is right in his - 5 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 submission with regard to the deduction towards personal and living expenses of the deceased. Hence, the appropriate deduction would be 1/3 and not 1/2 of the assessed income. Hence, the appellants are entitled to compensation towards loss of dependency as under: Rs.9,000 X 12 X 5 X 2/3 = Rs.3,60,000/- 7. Similarly, each of the appellants-claimants are entitled to loss of consortium at the rate of Rs.40,000/-. Thus, in all, the appellants shall be entitled to the modified compensation under the following heads: Thus, the claimants shall be entitled to total compensation of Rs.5,10,000/- as against Rs.3,40,000/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Loss of dependency 3,60,000 Conveyance and funeral expenses 15,000 Loss of love and affection 15,000 Loss of consortium (Rs.40,000 X 3) 1,20,000 Total 5,10,000 - 6 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 8. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.5,10,000/- as against Rs.3,40,000/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. - 7 - HC-KAR NC: 2026:KHC:15910 M.F.A. No.4563/2020 e) The enhanced compensation amount shall be released in favour of the appellants as per the apportionment made by the Tribunal. f) Registry to transmit the records forthwith to the Tribunal. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 22