- 1 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5191 OF 2014 (MV-D) BETWEEN: 1. SMT. LAKSHMI W/O LATE SHIVANNA AGED ABOUT 28 YEARS 2. SRI M S AMRUTHA D/O LATE SHIVANNA AGED ABOUT 12 YEARS 3. SRI M S ARJUN S/O LATE SHIVANNA AGED ABOUT 10 YEARS PETITIONERS NO. 2 AND 3 ARE MINOR R/P BY THEIR NATURAL GUARDIAN MOTHER SMT LAKSHMI 4. SMT KEMPAMMA W/O SRI UNTHURAIAH AGED ABOUT 52 YEARS 5. SRI UNTHURAIAH S/O LATE CHIKKAHYDAIAH AGED ABOUT 60 YEARS ALL ARE RESIDENTS OF MADARAHALLI VILLAGE C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT-561124 …APPELLANTS (BY SRI. VIDYA SAGAR. H.V., ADVOCATE FOR SRI. KEMPARAJU., ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 AND: 1. SMT. SUNANDAMMA W/O SRI RAJANNA R/AT THOREBOMMANAHALLI VILLAGE C A KERE HOBLI MADDUR TALUK MANDYA DISTRICT-561024 2. THE MANAGER (LEGAL) BAJAJ ALLIANZ GENERAL INSURANCE CO LTD NO. 363, SHRI HARI COMPLEX SEETHE VILAS ROAD MYSORE-56342 3. SHRIRAM TRANSPORT FINANCE CO. LTD., NO. 133, 2ND FLOOR SHIKA TOWERS, RAMAVILAS ROAD MYSORE-560024 …RESPONDENTS (V/O/D 2.9.2025 APPEAL AGAINST R1 STANDS ABATED; BY SRI. B PRADEEP., ADVOCATE FOR R2; SRI. M. ASHOK KUMAR., ADVOCATE FOR R3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2014 PASSED IN MVC NO.99/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, & MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT 1. The present appeal is filed by the claimants impugning the judgment and award dated 23.4.2014 passed in MVC No.99/2011 by the Senior Civil Judge & - 3 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 MACT, Maddur1 seeking for enhancement of the quantum of compensation. 2. The Tribunal has partly allowed the claim petition and awarded a total compensation of ₹ 7,75,000/- together with interest at 6% per annum. The Tribunal has ordered that respondent No.1-owner of the vehicle is liable to pay the compensation awarded. 3. Respondent no.2 in the claim petition has been struck off and the claim petition against respondent no.3 has been dismissed. The appellants/claimants have not impugned the findings of the Tribunal on negligence and liability. Hence, the only question that is required to be adjudicated in the present appeal is the adequacy of the quantum of compensation. 4. The deceased was aged 32 years as on the date of accident i.e., as on 04.10.2010. The appropriate multiplier assessed by the Tribunal is 16, which is just and 1 Hereinafter referred to as ‘Tribunal’ - 4 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 proper. The Tribunal has assessed the income of the deceased as ₹ 5,000/- per month. Learned counsel for the appellants submits that the deceased was an agriculturalist and owning more than 5 acres of land and the record of rights have been produced. However, there is no material on record to indicate the income that is earned from the land owned by the deceased so as to assess the loss of supervision charges. Having regard to the date of the accident, the notional income of the deceased is reassessed as ₹ 5,500/- per month. 5. Future prospects at 40% of the notional income is required to be added having regard to the judgment of the Supreme Court in the case of National Insurance Company Ltd v. Pranay Sethi2. Having regard to the number of dependants, 1/4th is to be deducted towards personal expenses. 2 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 6. Accordingly, the loss of dependency is reassessed as (₹5,500 + 40% - 1/4 x 12 x 16) ₹ 11,08,800/- as against ₹ 7,20,000 awarded by the Tribunal. 7. Claimant No.1 is the wife of the deceased, claimants No.2 and 3 are their children. Claimants No.4 and 5 are the parents of the deceased. Hence all the claimants are entitled to loss of consortium in terms of judgment of the Supreme Court in the case of Magma General Insurance Co., Ltd., v. Nanu Ram3 and accordingly, a sum of (40,000 x 5) ₹ 2,00,000/- is to be awarded towards the same as against ₹ 10,000/- awarded by the Tribunal. 8. A sum of ₹ 15,000/- each is to be awarded towards funeral expenses and loss of estate. The compensation awarded by the Tribunal on other conventional heads is accordingly modified. 3 (2018) 18 SCC 130 - 6 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 9. Accordingly, the award of compensation by the Tribunal is reassessed as under: Sl.No. Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1 Loss of dependency 720000.00 1108800.00 2 Loss of estate 15000.00 15000.00 3 Loss of love and affection 15000.00 0.00 4 Funeral expenses 15000.00 15000.00 5 Loss of consortium 10000.00 200000.00 Total 7,75,000.00 13,38,800.00 10. In view of the above, the claimants are entitled to enhanced compensation of (₹13,38,800/- - ₹7,75,000/-) ₹ 5,63,800/-. 11. In view of the aforementioned, the following: ORDER i) The appeal is partly allowed; ii) The judgment and award of the Tribunal is modified to the extent of holding that the claimants are entitled to a further - 7 - HC-KAR NC: 2026:KHC:17495 MFA No. 5191 of 2014 compensation of ₹ 5,63,800/- together with interest at 6% per annum from the date of petition till the date of payment, in addition to the compensation awarded by the Tribunal; iii) The judgment and award of Tribunal in all other respects remained unaltered; iv) The modified award to be drawn accordingly. No costs. Sd/- (C.M. POONACHA) JUDGE PRS List No.: 1 Sl No.: 45