Sarojamma v. P. Krishnaja

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2523 OF 2026 (MV-D) BETWEEN:

¶1SAROJAMMA W/O LATE NANJUNDAPPA @ NANJUNDAGOWDA, AGED ABOUT 50 YEARS.

¶2KAMALA K.N. W/O MANJUNATHA, D/O LATE NANJUNDAPPA @ NANJUNDAGOWDA, AGED ABOUT 36 YEARS.

¶3SHEKAR K.N. S/O LATE NANJUNDAPPA @ NANJUNDAGOWDA, AGED ABOUT 35 YEARS.

¶4SRIKANTH K N S/O LATE NANJUNDAPPA @ NANJUNDAGOWDA, AGED ABOUT 33 YEARS.

¶5KAVITHA K N W/O ANANDA, D/O LATE NANJUNDAPPA @ NANJUNDAGOWDA, AGED ABOUT 31 YEARS.

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:44012( MFA(No.(2523(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010239682026( ( ( ALL,ARE,R/AT,KEMBODI,VILLAGE,AND,POST,,, KOLAR,TALUK,,KOLAR,DISTRICT,-,563,103., , …APPELLANTS, (BY,SRI.,ASHWATH,C.M,,ADVOCATE), AND:( (

1., P.,KRISHNAJA, S/O,LAKSHMI,NAG,ADITYA,CHITTI,PEDDI, R/AT,NO.302,,RUBY,FOYER,INFINIT, APTS,PATTANDUR,AGRAHARA,MAIN,ROAD,, PATTANDUR,AGRAHARA,,, OPP.,TO,GOLDEN,TEMPLE, BENGALURU,–,560,066., , (REGISTERED,OWNER,OF,TATA,NEXON,CAR, BEARING,REG.,NO.,KA-53-MH-1294)., ,

2., ICICI,LOMBARD,GEN.,INS.,CO.,LTD., NO.58/1,AND,61/22,,OLD,MADRAS,ROAD,, VIRGONAGAR,POST,,BENGALURU,49.,, (POLICY,NO.,472791/31/2013/3175),, (INSURER,OF,THE,TATA,NEXON,, CAR,BEARING,REG.,NO.KA-53-MH-1294,, POLICY,NO.3001/0/266307537/00/000,, VALID,FROM,26.11.2022,TO,25.11.2023), , REPRESENTED,BY,,BRANCH,MANAGER., , …RESPONDENTS, (BY,SRI,P,S,JAGADISH,,ADVOCATE,FOR,R2, ,V/O,DTD.,01.07.2026,,NOTICE,TO,R1,I,D/W), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:19.11.2025, PASSED, IN, MVC, No.7655/2023, ON, THE, FILE, OF, THE, XIII,, ADDITIONAL,SMALL,CAUSES,JUDGE,,ACJM,,COURT,OF,SMALL, CAUSES,, MEMBER,, MACT, -, 15,, 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 SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 19.11.2025 passed in MVC No.7655/2023 by the XIII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-15).

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/insurer.

¶3The appellants made a claim petition praying to award compensation for the death of Nanjundappa @ Nanjundagowda (husband of claimant No.1 and father of claimant Nos.2 to 4) in a road traffic accident occurred on

16.06.2023 contending that the accident occurred due to rash and negligent driving of the driver of car bearing Regn.No.KA-53-MH-1294. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of dependency 9,50,400/-

¶02Funeral expenses 18,150/-

¶03Loss of estate 18,150/-

¶04Medical expenses incurred for the treatment of deceased -

¶05Loss of consortium 48,400/-x 5 2,42,000/-

Total 12,28,700/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer.

¶6Learned counsel for appellants would contend that the claimants are wife and children of the deceased and therefore, the deduction taken by the Tribunal at 50% is not proper. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that since claimant Nos.2 to 4 are two major sons and two married daughters of the deceased, the Tribunal has rightly taken deduction at 50%.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The Tribunal has taken notional income of the deceased at Rs.16,000/-p.m. and added 10% towards future prospects and deducted 50% towards personal expenses of the deceased and applied multiplier '9'. The only grievance of the appellants is with regard to deduction towards personal expenses of deceased. The deceased is married man having wife and major children. Since the deceased is a married man, even though he is

having major children, the deduction is to be taken at 1/3rd. In view of the same, the loss of dependency is calculated as under: Rs.16,000 + 1,600 (10%) = 17,600 – 1/3 = 11,733/-Rs.11,733 x 12 x 9 = Rs.12,67,164/-

¶10The claimants are entitled to compensation under loss of dependency in a sum of Rs.12,67,164/- as against Rs.9,50,400/- as awarded by the Tribunal with interest. Consequently, the claimants are entitled to enhanced compensation of Rs.3,16,764/- with interest at 6% p.a. from the date of petition till realisation. The compensation awarded on all other heads is just and proper and that has not been challenged by the appellants. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.

¶11In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) The appellants/claimants are entitled to enhanced compensation of Rs.3,16,764/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) Appellants/claimants are entitled to release of enhanced compensation amount as per the ratio determined by the Tribunal.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 39 Ct.sm