The High Court enhanced compensation in a motor accident death case, increasing loss of dependency and adding consortium. It upheld the Tribunal's decision to exempt the insurer as the policy began the day after the accident.
Compensation enhanced to Rs. 11,25,000; claimants entitled to interest at 6% per annum; insurer exonerated from liability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1901 OF 2020(MV-D)
BETWEEN:
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
…APPELLANTS
(BY SRI. RAJA L., ADVOCATE)
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AND:
…RESPONDENTS
(BY SRI.ASHOK N PATIL, ADVOCATE FOR R3; NOTICE TO R1 & R2 ARE HELD SUFFICIENT VIDE ORDER DATED 24.10.2025; R1 AND R2 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2019 PASSED IN MVC NO.697/2016 ON THE FILE OF THE JUDGE, PRL. COURT OF SMALL CAUSES, MYSURU, AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
NC: 2026:KHC:34406 MFA No. 1901 of 2020
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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
vehicle accident which occurred on 30.10.2015, N.Mohan, a 45 year old died.
has resulted in the death of N.Mohan. The Tribunal has thereafter proceeded to award the following sums as compensation:
| Sl. No. |
Particulars | Amount in (Rs.) |
|---|---|---|
| 1. | Towards loss of financial dependency |
5,04,000 |
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| 2. | Towards loss of love and affection |
40,000 |
|---|---|---|
| 3. | Towards estate | 15,000 |
| 4. | Towards funeral expenses and transportation of body |
15,000 |
| Total | 5,74,000 |
5. The deceased was aged about 45 years at the time of his death, as such, the claimants are entitled for 25% future prospects, which would come to Rs.11,250/(Rs.9,000 + 25%)
6. Since the deceased was 45 years old at the time of his death, the appropriate multiplier for the calculation of
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loss of dependency would be '14'. Similarly, as the claimants are the brothers of the deceased, they cannot be treated as dependents of the deceased, as such, 50% of the income shall be deducted towards personal expense. Therefore the income for the assessment of loss of dependency would be Rs.5,625/-.
7. Thus, the appellants are entitled for a sum of ₹9,45,000/- (₹5,625x12x14). under the head of 'loss of dependency' .
8. The appellants are entitled for 'consortium' at Rs.44,000/- each ie., (Rs.44,000 x 3)= Rs.1,32,000/- . The appellants are also entitled for a sum of ₹33,000/- under the head 'loss of estate'
9. T he compensation of Rs.15,000/- awarded by the Tribunal under the head 'funeral expenses and transportation of dead body' , remains unaltered.
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| Sl. No. |
Particulars | Amount (In Rs.) |
|---|---|---|
| 1. | Towards loss of dependency | 9,45,000 |
| 2. | Towards Consortium | 1,32,000 |
| 3. | Towards loss of estate | 33,000 |
| 4. | Towards funeral expenses and transportation of body |
15,000 |
| Total | 11,25,000 |
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as such, the policy covers and the insurance company is liable to pay the compensation.
13. However, learned counsel for the insurance company contended that Ex.R4 is the policy certificate issued by the insurance company which clearly depicts that the policy was existing from 01.11.2015 to 31.10.2016. As such, there was no policy existing as on the date of the accident. According to him, Ex.P13 is the concocted document.
14. On careful examination of Exs.P13 and R4, I am of the considered view that there is a substantial force in the submission of the learned counsel for the insurance company. Ex.R4 is the original insurance policy issued by the insurance company, whereas, Ex.P13 appears to be obtained by the claimants subsequent to the accident. Even assuming that the said policy was issued by the insurance company, the same was issued on 31.10.2015 i.e., the next day of the accident, as such, the Tribunal is justified in exonerating the insurance company. I find no
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ground to interfere in the said findings of the Tribunal.
in terms of the award of the Tribunal.
Sd/(RAJESH RAI K) JUDGE
GH List No.: 1 Sl No.: 32
3 issues framed by the court
Whether the Motor Vehicles Tribunal erred in assessing the deceased's monthly income at Rs. 6,000 since there was no credible evidence.
Whether the insurance company is liable given the policy was issued the day after the accident.
Whether the compensation awarded by the Tribunal should be enhanced.
1 provisions across 1 enactments
Paneer Selvam
N. Dhanaraj
N. Chandra Shekar
Venkatesh
Premakumar N
Bharati AXA General Insurance Company Ltd.
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
