- 1 - HC-KAR NC: 2026:KHC:23615 MFA No. 3194 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3194 OF 2019(MV-D) BETWEEN: 1. SRI. DODDA KEMPAIAH, S/O LATE CHANNE GOWDA, AGED ABOUT 52 YEARS, 2. SRI. SHIVA RAJU, S/O LATE CHANNE GOWDA, AGED ABOUT 49 YEARS, 3. SRI. CHANNE GOWDA, S/O LATE CHANNE GOWDA, AGED ABOUT 46 YEARS, ALL ARE R/AT PICCHANAKERE VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT - 562 117. …APPELLANTS (BY SRI.SHRIKANTH B, ADVOCATE) AND: 1. SRI. CHINNAGIRI, S/O HUCHAIAH, R/AT NO.38, NANJAIAH COLONY VILLAGE, CHIKKODANAHALLI, BUDANURU, H.D.KOTE TALUK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23615 MFA No. 3194 of 2019 MYSURU-DISTRICT - 571 451. 2. THE UNITED INDIA INS. CO. LTD., RAMANAGAR BRANCH OFFICE, RVR COMPLEX, 1ST FLOOR, OPP: LIC OFFICE, BEHIND KSRTC BUS STAND, IJOORU, RAMANAGAR - 562 159. …RESPONDENTS (BY SMT.HARINI SHIVANAND, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 18.06.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2018 PASSED IN MVC NO.2750/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, 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: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is filed by the claimants challenging Judgment and Award dated 24.09.2018 passed in MVC No. 2750/2017 by the XXII Additional Small Causes Judge and Member MACT, Bengaluru (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:23615 MFA No. 3194 of 2019 2. Heard Sri Srikanth B, learned counsel for the appellants and Smt. Harini Shivanand, learned counsel for respondent No. 2. 3. This appeal is by the claimants on the ground that the Tribunal has erred in not awarding any compensation under the head of 'loss of dependency' as well as the award of compensation under the 'conventional head' is on the lower side. 4. It is to be noticed that the appellants are the legal heirs of Putta Thayamma, who met with a road accident on 02.06.2014 and succumbed to the injuries sustained in the said accident. The deceased was aged about 60 years as per the claim petition. However, the Tribunal has assigned detailed reasons at paragraph 15 and is of the view that the deceased's age was approximately 94 years by considering the age of her children and other evidence on record. Be that as it may, the claim petition is filed by the majors and the evidence on record indicate that they - 4 - HC-KAR NC: 2026:KHC:23615 MFA No. 3194 of 2019 were not dependent on the deceased. Hence, the Tribunal has rightly declined to award compensation under the head of 'loss of dependency'. However, the Tribunal has erred in awarding ₹45,000/- as compensation by ignoring the settled position of law. 5. The claimants are the legal heirs i.e. children of the deceased Putta Thayamma, would be entitled for consortium at the rate of ₹40,000/- each with 20% escalation i.e., ₹48,000/- each and also they would be entitled for compensation towards 'loss of estate' and towards 'transportation of dead body and funeral expenses' at ₹15,000/- each with 20% escalation i.e. ₹18,000/- each. 6. Hence, the compensation is re-assessed as under; Heads Amount in rupees Loss of consortium (`48,000 x3) 1,44,000/- Loss of estate 18,000/- Funeral expenses 18,000/- TOTAL Less: Awarded by Tribunal Additional Compensation 1,80,000/- 45,000/- 1,35,000/- - 5 - HC-KAR NC: 2026:KHC:23615 MFA No. 3194 of 2019 7. Thus, the appellants/claimants shall be entitled to an additional compensation of `1 `1 `1 `1,35,000/-. 8. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 24.09.2018 passed by the Tribunal in MVC No.2750/2017 is modified to an extent that the appellants-claimants would be entitled to an additional compensation of `1 `1 `1 `1,35,000/-. (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. (iv) Respondent No.2-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within - 6 - HC-KAR NC: 2026:KHC:23615 MFA No. 3194 of 2019 a period of six weeks from the date of receipt of the certified copy of this judgment. (v) The additional compensation shall be released in favour of the claimants. (vi) Registry shall transmit the records to the Tribunal forthwith. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE tsn* List No.: 1 Sl No.: 5