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
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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 -4- NC: 2026:KHC:1035 MFA No. 5401 of 2022 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 -5- NC: 2026:KHC:1035 MFA No. 5401 of 2022 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 -6- NC: 2026:KHC:1035 MFA No. 5401 of 2022 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