Smt Lalithamma Vs Mr K T Srinivasa — Motor Accident Claims | Karnataka HC (2026)

Smt Lalithamma Vs Mr K T Srinivasa — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal allowed in part; Tribunal's award modified — total compensation enhanced from Rs.15,04,420/- to Rs.23,32,000/- (enhancement of Rs.8,27,580/-) carrying 6% p.a. interest from date of petition till deposit, excluding interest for the 768-day delay period; Respondent No.2-insurer to deposit before the Tribunal within six weeks; apportionment and disbursement as per Tribunal.

Issue for consideration

Whether the compensation awarded by the Tribunal ought to be enhanced on the ground that the Tribunal's assessment of the deceased's income was on the lower side.

Court's answer

The Tribunal's assessment of the deceased's income at Rs.8,500/- per month is re-assessed notionally at Rs.11,000/- per month as per the notional income chart prepared by the Karnataka State Legal Services Authority.

Ratio / Principle

The deceased being aged about 36 years, the claimants are entitled to an addition of 40% under the head of future prospects, the appropriate multiplier is '15', and the deduction is 1/4.

Key takeaways

Compensation is re-assessed at Rs.20,79,000/- for loss of dependency, Rs.2,20,000/- for loss of consortium and Rs.33,000/- for loss of estate and funeral expenses, totalling Rs.23,32,000/-, modifying the Tribunal's award of Rs.15,04,420/-.ratio¶48
The enhanced compensation shall carry interest at 6% p.a. from the date of petition till the date of deposit.ratio¶49
The appellants/claimants are not entitled to interest for the delay period of 768 days, as per the order dated 17.04.2026.

Detailed headnote1 paragraphs

Enhancement of motor accident compensation — MFA u/s 173(1) MV Act against award in MVC No.5669/2017 (MACT Bengaluru, SCCH-11, dated 18.12.2018). The High Court held that the Tribunal's assessment of the deceased's (a Secretary in a Milk Dairy, aged about 36) income at Rs.8,500/- p.m. was low and re-assessed it notionally at Rs.11,000/- p.m. per the Karnataka State Legal Services Authority notional income chart, adding 40% towards future prospects with multiplier '15' and 1/4 deduction. Total compensation raised from Rs.15,04,420/- to Rs.23,32,000/- (loss of dependency Rs.20,79,000/-; consortium Rs.2,20,000/-; loss of estate and funeral expenses Rs.33,000/-), i.e., enhancement of Rs.8,27,580/- with 6% p.a. interest from date of petition till deposit, excluding interest for the 768-day delay period; insurer (United India Insurance Co. Ltd.) to deposit within six weeks; apportionment/disbursement as per Tribunal.

1 - NC: 2026:KHC:21030 MFA No. 1284 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 1284 OF 2019 (MV-D) BETWEEN:

SMT. LALITHAMMA, AGED ABOUT 32 YEARS, W/O LATE NARASIMHAPPA.

NAVEEN KUMAR, AGED ABOUT 18 YEARS, S/O LATE NARASIMHAPPA.

MANJUNATHA, AGED ABOUT 17 YEARS, S/O LATE NARASIMHAPPA.

HANUMAPPA, AGED ABOUT 67 YEARS, S/O LATE NARASIMHAIAH.

Digitally signed by AASEEFA PARVEEN

Location: HIGH COURT OF KARNATAKA

NAGAMMA, AGED ABOUT 62 YEARS, W/O HANUMAPPA.

ALL ARE R/AT WARD NO.7, NIMMAKALAKUNTE, CHIKKABALLAPURA-562 101.

SINCE THE APPELLANT NO.3 IS MINOR REP. BY APPELLANT NO.1 MOTHER.

…APPELLANTS

(BY SRI N.R RANGEGOWDA, ADVOCATE)

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AND:

MR. K T SRINIVASA, MAJOR, S/O THIMMAIAH, NO.179, KUPAHALLI VILLAGE,

CHIKKABALLAPURA TALUK AND DISTRICT-562 101.

M/S. UNITED INDIA INSURANCE CO. LTD., MOTOR THIRD PARTY CLAIMSO HUB, 5^TH AND 6^TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BANGALORE-560 002. BY THE MANAGER.

…RESPONDENTS

(BY SRI JANARDHAN REDDY, ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.12.2018 PASSED IN MVC NO.5669/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

This appeal is filed by the claimants challenging the judgment and award dated 18.12.2018 passed in MVC No.5669/2017 by the Motor Accident Claims Tribunal, Bengaluru (SCCH-11) (hereinafter referred to as the 'Tribunal' for short).

Heard Sri.N.R.Rangegowda, learned counsel for the appellants and Sri.Janardhan Reddy, learned counsel appearing for respondent No.2.

This appeal is filed by the claimants seeking for

higher compensation only on the ground that assessment of the income by the Tribunal is on lower side as the deceased was working as a Secretary in the Milk Dairy and used to earn Rs.10,000/- per month.

It is to be noticed that the Tribunal assessed the income of the deceased at Rs.8,500/- per month which is required to be re-assessed notionally at Rs.11,000/- per month as per the notional income chart prepared by the Karnataka State Legal Services Authority. The deceased

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was aged about 36 years. Hence, the claimants would be entitled to an addition of 40% under the head of future prospects and appropriate multiplier would be '15' and deduction would be 1/4. Hence, the compensation is reassessed as under:

Sl. Description Amount
No
1 Loss of dependency
Rs.20,79,000
(Rs.11,000 + 40% X 12
X 15 - 1/4)
2 Loss of consortium
Rs.2,20,000
(Rs.44,000 x 5)
3 Loss of estate and
Funeral expenses
Rs.33,000
(includes 10%
escalation)
Total Rs.23,32,000

In the result, I proceed to pass the following:

ORDER

(i) Appeal is allowed in part .

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(ii) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to a total compensation of Rs.23,32,000/- as against Rs.15,04,420/- awarded by the Tribunal. The enhanced compensation would be Rs.8,27,580/-.

(iii) The enhanced compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. However, the appellants/claimants shall not be entitled to interest for the delay period of 768 days as per the order dated 17.04.2026.

(iv) Respondent No.2-insurance company is directed to deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of 6(six) weeks from the date of receipt of certified copy of this judgment.

(v) The apportionment, disbursement of the compensation and deposit shall be as per the Tribunal.

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(vi) Registry to transmit the records forthwith to the Tribunal.

(vii) Draw modified award accordingly.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

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