- 1 - HC-KAR NC: 2026:KHC:13306 M.F.A. No.1156/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1156/2020 (MV-D) BETWEEN: 1. SMT. SUDHA .K W/O LATE CHIKKALINGEGOWDA @ CHIKKAVANU AGED ABOUT 36 YEARS. 2. KUM. VARSHINI K.C. D/O LATE CHIKKALINGEGOWDA @ CHIKKAVANU AGED ABOUT 7 YEARS. 3. SMT. KEMPAMMA W/O LATE THIMMEGOWDA AGED ABOUT 71 YEARS. ALL ARE R/AT KRISHNAIAHNADODDI VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DIST-562117. SINCE 2ND APPELLANT IS MINOR AND HENCE REP. BY ITS MOTHER AND NATURAL GUARDIAN 1ST APPELLANT. …APPELLANTS (BY MS. NITHYA A, ADV., FOR MR. PRAKASH M.H. ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13306 M.F.A. No.1156/2020 AND: 1. TATA AIG GEN. INS. CO. LTD. OFFICE AT NO.69, 3RD FLOOR J.P. AND DEVI JAMBUKESHWARA ARCADE MILLERS ROAD, BENGALURU-560052 REP. BY ITS MANAGER. 2. SRI. VENKATESH N.K. S/O KRISHNAIAH, MAJOR R/AT. NO.80, OB CHUDAHALLI UTTARAHALLI HOBLI BENGALURU SOUTH BENGALURU-560082. …RESPONDENTS (BY SRI. MALLIKARJUNA N.A. ADV., FOR SRI. PRADEEP B, ADV., FOR R1 V/O/DTD:28.07.2023 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2019, PASSED IN MVC NO.4155/2018, ON THE FILE OF THE VIII-ADDITIONAL JUDGE AND ACMM., MEMBER, MACT, BENGALURU (SCCH-5), 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:13306 M.F.A. No.1156/2020 ORAL JUDGMENT This appeal is filed by the claimants seeking for higher compensation being aggrieved by the judgment and award dated 17.08.2019 passed in MVC.No.4155/2018 by the VIII Additional Small Causes Judge and MACT (SCCH- 5), Bengaluru, (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. Ms.Nithya A., learned counsel for Sri.Prakash M.H., learned counsel appearing for the appellants submits that the present appeal has been filed solely on the ground that the income assessed by the Tribunal is on the lower side. It is submitted that the deceased was working as an attender in Co-operative Society from 1984. In support of the claim regarding the income of the deceased, the appellants have placed on record Ex.P19, a certificate issued by the employer. Hence, she seeks to reassess the - 4 - HC-KAR NC: 2026:KHC:13306 M.F.A. No.1156/2020 income at Rs.10,090/- per month and modify the impugned judgment and award to that effect. 4. Per contra, Sri.Mallikarjuna N.A., learned counsel for Sri.Pradeep B., leaned counsel appearing for respondent No.1 supports the impugned judgment and award of the Tribunal and submits that the Tribunal has disbelieved Ex.P19 and assessed the income of the deceased at Rs.9,000/- per month. It is submitted that the appellants ought to have produced the bank statement for all those years so that the income of the deceased can be assessed as claimed by the appellants. It is further submitted that in the absence of such material evidence, the assessment made by the Tribunal is just and proper. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel for the appellants, learned counsel for respondent No.1 and meticulously perused the material available on record including Tribunal records. - 5 - HC-KAR NC: 2026:KHC:13306 M.F.A. No.1156/2020 6. The only point that would arise for consideration in this appeal is : "Whether the income of the deceased is required to be reassessed?" 7. The parties to the proceedings do not dispute that the wife, daughter and mother of the deceased Sri.Chikkalingegowda filed a claim petition seeking for compensation for the death of the deceased in a road accident dated 26.06.2018. The Tribunal on appreciation of the oral and documentary evidence on record, awarded a total compensation of Rs.14,57,000/-. The Tribunal assessed the income of the deceased at Rs.9,000/- per month. The appellants in order to prove the income of the deceased, produced Ex.P19, the income certificate issued by Sericultuist-cum- Farmers Service Co-operative Bank. The said certificate indicates that the deceased was working as an attender in the said Co-operative Society and was drawing a salary of Rs.10,090/- per month. In the absence of acceptable evidence with regard to the income, - 6 - HC-KAR NC: 2026:KHC:13306 M.F.A. No.1156/2020 this Court reassess the income of the deceased notionally at Rs.12,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. Accordingly, the compensation under the head of loss of dependency requires to be reassessed. Hence, the appellants-claimants are entitled to compensation towards loss of dependency as under: Rs.12,500 + 25% x 12 x 14 - 1/3rd = 17,50,000/-. 8. Insofar as the award of compensation by the Tribunal under the other heads is concerned, the same remains unaltered and the findings in that regard are upheld. Thus, in all, the appellants-claimants shall be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Loss of dependency 17,50,000/- Loss of consortium (40000 x 3) 1,20,000/- Transportation of dead body & funeral expenses 15,000/- Loss of estate 15,000/- Medical Expenses 47,000/- Total 19,47,000/- - 7 - HC-KAR NC: 2026:KHC:13306 M.F.A. No.1156/2020 Thus, the claimants shall be entitled to a total compensation of Rs.19,47,000/- as against Rs.14,57,000/- awarded by the Tribunal. 2. 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 a total compensation of Rs.19,47,000/- as against Rs.14,57,000/- 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:13306 M.F.A. No.1156/2020 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) Registry to transmit the TCRs to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 22