[Cites 1, Cited by 0]
Karnataka High Court
Sri Nataraj T vs R Anusuya on 8 January, 2026
-1-
NC: 2026:KHC:1035
MFA No. 5401 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.5401 OF 2022(MV-D)
BETWEEN:
1. SRI NATARAJ T.,
S/O THARMASAMY,
AGED 58 YEARS,
2. SMT. SAROJINI P.,
W/O NATARAJ T.,
AGED 49 YEARS
3. HARIHARAN N.,
S/O NATARAJ T,
AGED 23 YEARS,
Digitally signed by
AASEEFA ALL ARE R/AT NO.1/474
PARVEEN
LAKSHMINAGAR,
Location: HIGH
COURT OF NEELAMBUR SULUR TALUK,
KARNATAKA
COIMBATORE,
TAMILNADU.
...APPELLANTS
(BY SRI. GURUDEV PRASAD K T.,ADVOCATE)
AND:
1. R ANUSUYA
-2-
NC: 2026:KHC:1035
MFA No. 5401 of 2022
HC-KAR
W/O RAMASUBBU
265, 5TH A CROSS
2ND MAIN ROAD
RR LAYOUT, VIJINAPURA
DOORAVANINAGAR POST
BENGALURU - 560016.
2. THE REGIONAL MANAGER UNITED
INDIA INSURANCE CO LTD.,
TP HUB NO.18, KRUSHI BHAVAN
6TH FLOOR, HUDSON CIRCLE
BENGALURU - 560001.
...RESPONDENTS
(BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2;
R1- SERVED- UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.10.2021 PASSED IN MVC
NO. 6761/2019 ON THE FILE OF THE V ADDITIONAL SMALL
CAUSES JUDGE AND XXIV A.C.M.M. MEMBER, M.A.C.T., MAYO
HALL UNIT, BENGALURU, 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 DR. JUSTICE CHILLAKUR SUMALATHA
-3-
NC: 2026:KHC:1035
MFA No. 5401 of 2022
HC-KAR
ORAL JUDGMENT
Heard Sri.Gurudev Prasad.K.T, learned counsel for
the appellants as well as Smt.Manjula.N.Tejaswi, learned
counsel for respondent No.2.
2. The claimants in MVC No.6761/2019, which
stood pending before the Motor Accident Claims Tribunal,
Bengaluru and was disposed of through order dated
12.10.2021 preferred the present appeal seeking
enhancement in compensation.
3. The short point involved in this appeal as per
the submission that is made by learned counsel for the
appellants is in respect of the multiplier to be applied for
assessing the amount which the appellants are entitled to
under the head loss of dependency.
4. Learned counsel states that the deceased
Gokula Krishnan (hereinafter be referred to as 'the
deceased' for brevity) was aged 25 years by the date of
NC: 2026:KHC:1035
HC-KAR
accident. Thus as per the decision of the Hon'ble Apex
Court in the case of Smt.Sarla Verma and Others Vs. Delhi
Transport Corporation and Another reported in AIR 2009
SC 3104, the appropriate multiplier to be applied is '18'.
But the Tribunal applied the multiplier 17 and thereby did
not award justifiable sum as compensation.
5. On the other hand, learned counsel for
respondent No.2 submits that the deceased was aged 26
years as on the date of accident.
6. There is no denial of the fact that the deceased
was born on 11.06.1994. Date of death is 12.10.2019.
Thus the completed years of age of the deceased is 25
years, 4 months and 1 day. Completed years of age has to
be taken into consideration for applying the appropriate
multiplier. Therefore, the age of the deceased as on the
date of accident for applying appropriate multiplier should
be taken as 25 years. Thus the appropriate multiplier to be
applied as per the decision of the Hon'ble Apex Court in
NC: 2026:KHC:1035
HC-KAR
Sarla Verma's case is '18'. Therefore, on applying
multiplier 18 and without disturbing other parameters i.e.,
annual income of the deceased as Rs.6,01,792/-, adding
50% towards future prospects, deducting 50% towards
personal and living expenses which the deceased would
have incurred for himself had he been alive and applying
the appropriate multiplier 18, the compensation which the
appellants are entitled to under the head loss of
dependency is Rs.81,24,192/- (Rs.6,01,792 + 50% - 50%
X 18). The Tribunal granted a sum of Rs.76,72,848/- only
under the head loss of dependency. Thus the additional
sum which the appellants are entitled to receive under the
said head is Rs.4,51,344/- (Rs.81,24,192-Rs.76,72,848).
Therefore, the appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal, Bengaluru
through orders in MVC No.6761/2019
NC: 2026:KHC:1035
HC-KAR
dated 12.10.2021 is enhanced by
Rs.4,51,344/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of certified
copy of this judgment.
(v) Out of the enhanced sum, the first
appellant is entitled to a sum of
Rs.1,51,344/- and the second appellant a
sum of Rs.3,00,000/-.
(v) On deposit, appellant Nos.1 and 2 are
permitted to withdraw their respective
shares.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
List No.: 1 Sl No.: 11
