- 1 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 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.3487/2020 (MV-D) BETWEEN: 1. SMT. MERI ALIAS MERE GRUP MAREYAMMA W/O LATE PRABHU .C AGED ABOUT 32 YEARS. 2. NANDINI D.P. S/O LATE PRABHU .C AGED 15 YEARS. 3. SINDHU .D.P S/O LATE PRABHU .C AGED 13 YEARS. 4. P. GAGAN KUMAR @ GAGAN S/O. LATE PRABHU .C AGED 10 YEARS. 5. CHIKKAPPAIAH S/O LATE DODDAMALAPPA AGED 82 YEARS. 6. MUNIYAMMA W/O CHIKKAPPAIAH AGED 55 YEARS. ALL ARE R/AT NO.126 MADURU VILLAGE, MALLUR POST SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT. APPELLANTS NO.2 TO 4 ARE MINORS HENCE REP. BY THEIR NATURAL Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 GUARDIAN MOTHER NAMELY: SMT. MERI ALIAS MERE GURU MAREYAMMA. …APPELLANTS (BY SRI. ANANDA K.S. ADV.,) AND: 1. THE MANAGER RELIANCE GENERAL INS. CO. LTD., NO.3, 1ST FLOOR, MANANDI PLAZA ST.MARKS ROAD, BESIDE ST. MARKS HOTEL BENGALURU-560001. 2. MR. MUNIVENKATAPPA .M S/O MUNIYAPPA NO.4500, 1ST CROSS, MAIN ROAD RAHAMATHNAGAR VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADV., FOR R1 R2 SERVICE OF NOTICE D/W V.C.O. DTD:30.03.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.01.2020 PASSED IN MVC NO.6096/2018 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU 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: - 3 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimant seeking for higher compensation challenging the judgment and award dated 17.01.2020 passed in MVC.No.6096/2018 by the XXI and XI Additional Small Causes and Additional MACT, Bengaluru, (SCCH-23) (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. I have heard the arguments of Sri.Ananda K.S., learned counsel for the appellant, Sri.Ashok N. Patil, learned counsel for respondent No.1 and meticulously perused the material available on record including the Tribunal records. 4. It is not in dispute between the parties that the claimants being the wife, children and parents of the - 4 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 deceased Sri.Prabhu C., filed the claim petition seeking compensation for the death of Sri.Prabhu C., in a road accident dated 20.09.2018. It is also not in dispute that the accident occurred due to the actionable negligence on the part of the driver of the offending vehicle, which was insured by respondent No.1/Insurance Company, which is liable to pay the compensation. The claimants examined PW1 and got marked Ex.P1 to Ex.P16 before the Tribunal. The Tribunal considering the same, has awarded a total compensation of Rs.18,76,000/- with the interest at the rate of 6% per annum from the date of petition till its deposit. 5. It is averred that the deceased was aged about 38 years at the time of accident. It is not in dispute that the appellants/claimants failed to prove the income of the deceased before the Tribunal. In the absence of acceptable evidence, this Court places reliance on the notional income chart prepared by the KSLSA. Accordingly, the income of the deceased is reassessed at Rs.12,500/- per month. - 5 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 Having assessed the income of the deceased at Rs.12,500/- per month and considering the age of the deceased as 38 years, the appellants-claimants are further entitled to an addition of 40% of the assessed income under the head of loss of future prospects in view of the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi and Others1. The appellants-claimants being the wife, children and parents of the deceased, are six in numbers. Hence, the appropriate deduction towards personal and living expenses of the deceased would be one-fourth. The Tribunal has rightly applied the multiplier as 15. Accordingly, the compensation under the head of loss of dependency is required to be reassessed. Hence, the appellants-claimants are entitled to compensation towards loss of dependency as under: 12,500/- + 40% x 12 x 15 - ¼ = 23,62,500/- 1 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 6. The award of compensation by the Tribunal under the head of medical expenses is unaltered. The appellants-claimants would also be entitled to a sum of Rs.16,500/- under the head of ‘loss of estate’ and Rs.16,500/- under the head of ‘funeral expenses & transportation of dead body’ including 10% escalation. The appellants-claimants are also entitled to a sum of Rs.44,000/- each towards loss of consortium including 10% escalation. 7. Thus, in all, the appellants-claimants shall be entitled to modified compensation under the following heads: HEADS AMOUNT (in Rs.) Loss of dependency 23,62,500/- Loss of consortium (Rs.44,000 X 6) 2,64,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Medical expenses 15,000/- Total 26,74,500/- - 7 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 Thus, the claimants shall be entitled to a total compensation of Rs.26,74,500/- as against Rs.18,76,000/- awarded by the Tribunal. 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.26,74,500/- as against Rs.18,76,000/- awarded by the Tribunal. c) The 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 - 8 - HC-KAR NC: 2026:KHC:15411 M.F.A. No.3487/2020 accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) The Registry is directed to transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 16