Smt Jayamma v. Sri N K Nagesh

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3134 OF 2026 (MV-D) BETWEEN:

¶1SMT. JAYAMMA W/O. LATE. KASHI GOWDA, AGED ABOUT 58 YEARS.

¶2SMT. DIVYA W/O. RAVI, AGED ABOUT 32 YEARS.

¶3SMT. NEELAMMA W/O. LATE. MAYAPPA, AGED ABOUT 77 YEARS,

1ST AND 3RD APPELLANTS ARE R/AT: THERUBEEDI VILLAGE, MARALAVADI HOBLI, HAROHALLI TALUK, BANGALORE SOUTH DIST-562 117.

2ND APPELLANT R/AT:MARASARAHALI VILLAGE BANAVASI, HAROHALLI HOBLI AND TALUK BANGALORE SOUTH DISTRICT – 562 117.

…APPELLANTS (BY SMT. NITHYA ABHILASH, ADVOCATE FOR SRI. PRAKASH M H, ADVOCATE)

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:45303( MFA(No.(3134(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010299212026( ( ( AND:( (

1., SRI,N,K,NAGESH, S/O.,NALUR,CHANNAPPA,KRISHNAPPA,, AGE,MAJOR,, THR/AT,No.3,94/5,,9 ,,MAIN,ROAD,,, ND2 ,,CROSS,,G.,B.,PALYA,ROAD,,, NEAR,ICICI,ATM,AND,AYYAPPA,TEMPLE, HONGASANDRA,,, BANGALORE-560,068., ,

2., ROYAL,SUNDARAM,GEN.,INS.,CO.,LTD.,, RDOFFICE,AT,No.30,,3 ,,FLOOR,,, JNR,CITY,CENTRE,,RAJA,RAM,MOHAN,ROY,ROAD, SAMPANGI,RAMANAGARA,, BANGALORE-560,027., REP.,BY,LEGAL,MANAGER., , …RESPONDENTS, , (BY,SRI,MALLIKARJUNA,REDDY,N,A,,ADVOCATE,FOR, ,SRI,B,PRADEEP,,ADVOCATE,FOR,R2, V/O,DTD.,28.7.2026,NOTICE,TO,R1,IS,DISPENSED,WITH), , , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:27/10/2025,, PASSED,IN,MVC,No.4827/2024,,ON,THE,FILE,OF,THE,I,ADDL., SMALL, CAUSES, JUDGE, AND, ACJM, AND, MOTOR, VEHICLES, ACCIDENT,CLAIM,TRIBUNAL,,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 27.10.2025 passed in MVC No.4827/2024 by the I Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-11).

¶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 Kashi Gowda in a road traffic accident occurred on 02.06.2024 contending that the accident occurred due to rash and negligent driving of the driver of Fortuner Car bearing Regn.No.KA-03-NC-3000. 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.)

¶01Towards dependency and loss of estate 15,97,200/-

¶02Towards consortium

¶1Spousal consortium

¶2parental consortium

¶3Filial consortium 48,400/-48,400/-48,400/-

¶03Towards loss of estate and funeral expenses 36,300/-

¶04Towards medical expenses 8,142/-

Total 17,86,842/-

¶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 have 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 accident occurred in the year 2024 and for the said year, the notional income fixed by the Karnataka State

Legal Services Authority is Rs.17,000/-p.m. and that is to be taken as against Rs.16,500/- taken by the Tribunal. The Tribunal has rightly added 10% towards future prospects, deducted 1/3rd towards personal expenses of the deceased and applied multiplier '11'.

The compensation awarded under other heads is just and proper. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement.

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

¶9The accident occurred on 02.06.2024 and as on the date of accident, the deceased was aged 50 years. As per chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- p.m. and that is to be taken as against

Rs.16,500/-taken by the Tribunal. The Tribunal has rightly added 10% towards future prospects, deducted 1/3rd towards personal expenses of the deceased and applied multiplier '11'. In view of the above, loss of dependency is calculated as under: Rs.17,000 + 1,700 (10%) = 18,700 – 1/3 = 12,647/-Rs.12,467 x 12 x 11 = Rs.16,45,644/-

¶10The claimants are entitled to loss of dependency in a sum of Rs.16,45,644/- as against Rs.15,97,200/- awarded by the Tribunal. Consequently, the claimants are entitled to enhanced compensation of Rs.48,444/- with interest @ 6% p.a. from the date of petition till realization. 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.48,444/- 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 entire enhanced compensation in the ratio of 40:40:20 as determined by the Tribunal.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 46 Ct.sm