IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH 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

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

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 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 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 dated 12.10.2021