Girija Veerappa Madivalar Vs Safreena Banu — Motor Accident Claims | Karnataka HC (2026)

Girija Veerappa Madivalar Vs Safreena Banu — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Compensation enhanced from Rs.19,03,600/- to Rs.23,00,500/- (loss of dependency Rs.20,70,600/-; loss of consortium Rs.1,93,600/-; conventional heads Rs.36,300/-) with interest at 6% per annum from the date of petition till realization; the Insurance Company directed to deposit the awarded amount within six weeks of receipt of a certified copy of the judgment; apportionment of the compensation to be in terms of the Tribunal's award.

Issue for consideration

Whether the claimants are entitled to enhancement of the compensation awarded by the Tribunal for the death of Kiran in the motor vehicle accident. +1 more

Court's answer

The claimants, being the parents and brothers of the deceased, are each entitled to Rs.48,400/- towards loss of consortium, i.e. Rs.1,93,600/- in all for the four claimants (48,400 x 4).

Ratio / Principle

As there is no credible evidence of the deceased's actual monthly income, the notional monthly income determined by the Karnataka State Legal Services Authority for accidents of the year 2020, viz. Rs.14,500/-, is adopted in place of the Tribunal's Rs.12,000/-.

Key takeaways

The deceased being a 27-year-old self-employed person, 40% is added towards future prospects, taking the monthly income to Rs.20,300/-.ratio¶43
One-half is deducted towards personal expenses, leaving Rs.10,150/- per month as the income for determining loss of dependency.ratio¶44
A multiplier of 17 is applied, the deceased having been aged 27 years.ratio

Detailed headnote1 paragraphs

Appeal under S.173(1) MV Act by the parents and brothers of Kiran, who died aged 27 in a motor vehicle accident of 24.04.2020, seeking enhancement of the Rs.19,03,600/- award dated 24.03.2022 passed by the Additional Senior Civil Judge & Additional MACT, Udupi in MVC No.515/2020; the Insurer's liability to pay compensation and recover it from the owner of the offending vehicle stood undisputed. Finding no credible evidence of the deceased's actual income, the Court discarded the Tribunal's notional monthly income of Rs.12,000/- and adopted the Karnataka State Legal Services Authority figure of Rs.14,500/- for accidents of the year 2020, added 40% towards future prospects for the self-employed deceased (Rs.20,300/-), deducted one-half towards personal expenses (Rs.10,150/-) and applied multiplier 17, awarding Rs.20,70,600/- towards loss of dependency, together with Rs.48,400/- per claimant as loss of consortium (Rs.1,93,600/- for the four claimants) and Rs.36,300/- under conventional heads - a total of Rs.23,00,500/- with interest at 6% per annum from the date of petition till realization, to be deposited by the Insurance Company within six weeks and apportioned as per the Tribunal's award. Appeal allowed in part.

1 - NC: 2026:KHC:26255 MFA No. 5360 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

MISCELLANEOUS FIRST APPEAL NO.5360 OF 2022(MV-D)

BETWEEN:

GIRIJA VEERAPPA MADIVALAR AGED ABOUT 50 YEARS W/O VEERAPPA MADIVALA

VEERAPPA HANUMAPPA MADIVALAR AGED ABOUT 56 YEARS S/O HANUMAPPA

ARUN VEERAPPA MADIVALAR AGED ABOUT 22 YEARS S/O VEERAPPA

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

UMESH VEERAPPA MADIVALAR AGED ABOUT 20 YEARS S/O VEERAPPA MADIVALAR

ALL ARE R/O CHIKKAHANDIGOL GADAG TALUK AND DISTRICT-576 201

…APPELLANTS

(BY SRI. PAVANA CHANDRA SHETTY .H, ADVOCATE)

AND:

SAFREENA BANU AGED ABOUT 37 YEARS W/O FAHEEM AHAMMED R/O H.NO.2B-65, E-3 INDIRA NAGARA, 3^RD CROSS KUKKIKATTE, UDUPI-576 101

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HC-KAR

THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD MARUTHI VITHIKA OPP. SHRINIDHI MEDICAL NEAR CHITTARANJAN CIRCLE UDUPI DISTRICT-576 101

…RESPONDENTS

(BY SRI. SACHIN B.S, ADVOCATE FOR R1, SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2022 PASSED IN MVC NO.515/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

The appeal is filed seeking for enhancement of compensation.

It is not in dispute that, as a result of the motor vehicle accident which occurred on 24.04.2020, Sri Kiran, a 27 year old died.

It is not in dispute that the Insurer is liable to pay

the compensation and recover the same from the owner of the offending vehicle.

3 -

NC: 2026:KHC:26255 MFA No. 5360 of 2022

HC-KAR

The Tribunal, on assessment of the evidence

adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Kiran. The Tribunal has thereafter proceeded to award the following sums as compensation:

Sl. No.	Particulars	Amount in(Rs.)
1.	Loss of Dependency	17,13,600/-
2.	Loss of Consortium	1,60,000/-
3.	Funeral expenses	15,000/-
4.	Conveyance	15,000/-
	Total	19,03,600/-

In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.12,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2020, would be Rs.14,500/-.

Since the deceased was aged 27 years and was

self-employed, 40% requires to be added to the monthly

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HC-KAR

income towards future prospects, which would result in the income to be Rs.20,300/-.

If 1/2 is deducted towards personal expenses, his monthly income would be Rs.10,150/- (20,300 - 1/2). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.10,150/- .

As the deceased was aged 27 years, a multiplier of

' 17' would have to be applied.

Consequently, the claimants would be entitled to a

sum of Rs.20,70,600/- (10,150 x 12 x 17) towards “ loss of dependency” .

The claimants being the parents and brothers of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,93,600/- (48,400 x 4) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads” .

Thus, the claimants, in modification of the impugned award, would be entitled to the following sums:

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HC-KAR

Sl. No.	Particulars	Amount (In Rs.)
1.	Loss of Dependency	20,70,600
2.	Loss of Consortium	1,93,600
3.	Conventional Heads	36,300/-
	Total	23,00,500/-

Thus, the claimants would be entitled for

compensation of Rs.23,00,500/- as against Rs.19,03,600/awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization.

The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment.

14. The apportionment of compensation amount shall

be in terms of the award of the Tribunal.

The appeal is accordingly allowed in part .

SD/(RAJESH RAI K) JUDGE

HKV/List No.: 1 Sl No.: 61