SWAMY vs THE PROPRIETOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO.3594 OF 2026(MV-D)
BETWEEN:
1. SWAMY,
S/O MALLESH,
AGED ABOUT 42 YEARS,
2. ARSHITHA,
D/O SWAMY,
AGED ABOUT 18 YEARS,
3. LOHITH K.S,
D/O SWAMY,
AGED ABOUT 15 YEARS,
APPELLANT NO.3 IS MINOR
REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN
APPELLANT NO.1 ARE
RESIDING AT KARAKANAHALLI,
ELAWALA HOBLI,
MYSURU - 571 124.
…APPELLANTS
(BY SRI. K. SHANTHA RAJ., ADVOCATE)
AND:
1.
THE PROPRIETOR,
SULFEX MATTRESS CO., LTD.,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
NO.601-612, KOOVERI,
ELAMBERAMPARA,
KANNURU - 670 142.
VADAKKEKOVVAL NORTH,
THRIKARIPUR,
KASARAGOD - 671 310.
2.
THE MANAGER,
HDFC ERGO GENERAL CO., LTD.,
MAHARAJA COMPLEX,
OPPOSITE SUBURB BUS STAND,
NAZARBAD, BENGALURU NILAGIRI ROAD,
MYSURU - 570 010.
…RESPONDENTS
(BY SRI.MALLIKARJUNA REDDY, ADVOCATE FOR
SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
12.10.2026)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.02.2026 PASSED IN MVC
NO.1362/2024 ON THE FILE OF THE JUDGE, ADDITIONAL
COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MOTOR
ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the claimants seeking
enhancement of the compensation awarded in the
Judgment and Award dated 18.02.2026 passed in MVC
No.1362/2024 by the Judge, Additional Court of Small
Causes and MACT, Myusru.
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellants and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
3. The appellants/claimants made a claim petition
claiming for the compensation for the death of one Bhagya
(wife of claimant No.1 and mother of claimant Nos.2 and
3) in a road traffic accident occurred on 01.06.2024 due to
the rash and negligent driving of the driver of the Ashok
Leyland goods vehicle bearing registration No.KL-59-V-
3546.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
4. The Tribunal after recording the evidence and
appreciating the evidence on record, has assessed the
compensation and awarded compensation under various
heads as under:
Sl.No. Heads Amount in Rs.
1 Loss of Dependency
Rs.29,56,800/-
(with Future prospectus)
2 Loss of consortium
Rs.1,45,200/-
(Rs.48,400/- x 3)
3 Loss of Estate Rs.18,150/-
4 Funeral Expenses Rs.18,150/-
5 Expenses relating to
treatment, hospitalization and
medicines
Rs.2,86,098/-
Total 34,24,398/-
5. The Tribunal has also awarded interest at the
rate of 6% from the date of petition till realisation and
directed respondent No.2/Insurer to deposit the
compensation awarded. The claimants have filed the
present appeal seeking enhancement of the compensation
awarded by the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
6. Heard the learned counsel for appellants and
learned counsel for respondent No.2/insurer.
7. Learned counsel for the appellants would
contend that the deceased apart from tailoring work was a
homemaker. Due to her death, there is a loss of care to
the claimants who are husband and children and therefore,
the income is to be taken at Rs.30,000/- per month. He
placed reliance on the decision of the Hon'ble Apex Court
in the case of SHISHU PAL @ SHISH RAM AND
OTHERS V. SURJEET AND OTHERS reported in 2026
INSC 634 .
8. He further submits that the compensation
awarded under other heads is just and proper and he is
not seeking any enhancement on other heads. With these,
he prayed to allow the appeal.
9. Learned counsel for respondent No.2/insurer
would contend that the compensation awarded by the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
Tribunal is just and proper and there are no grounds for
enhancement. The claimants have not produced any
income of the deceased from her tailoring work. With
these, he prayed for dismissal of the appeal.
10. Having heard the learned counsel for
appellants/claimants and learned counsel for respondent
No.2/insurer, the Court has perused the impugned
Judgment and Award.
11. The accident occurred on 01.06.2024 and as on
the date of accident, the deceased was aged about 34
years. The deceased was one Bhagya and she is the wife
of claimant No.1 and mother of claimant Nos.2 and 3. It is
a case of claimants that the deceased was doing tailoring
work and getting income. In order to establish that the
deceased was doing tailoring work, no documents are
produced. Further, the deceased was a homemaker. The
Hon'ble Apex Court in the case of SHISHU PAL supra has
held as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
"20. It is in these circumstances, that we
deem it appropriate to direct that when a Motor
Accidents Claim Tribunal or the High Court or the
High Court or this Court is concerned with or a case
involving the death of a homemaker, in order to
overcome the inherent disadvantage accrued against
the homemaker on a calculation of compensation on
the basis of conservatively computed notional income
and while being acutely aware of the dictum in
Pranay Sethi (supra) regarding loss of consortium
as also the disposition towards uniformity, that for
the three major heads (the homemaker's
contribution towards smooth functioning of the
household, the loss of maternal support for children
and loss of spousal support/the support and care of
their child who is an adult, for the parents of the
deceased) discussed in the foregoing paragraphs, a
composite sum of Rs.30,000/- shall be added under
the head of 'loss of domestic care', provided that all
three of these heads are met in the given case. This
determination shall be revised by 10% cumulatively,
every three years. It may be clearly stated that this
amount of Rs.30,000/- i.e., loss of domestic care is
to be taken as a 'stand-in' (basic minimum monthly
income) for monthly income in those cases where
the homemaker does not have an input into the
house, in strictly conventional, monetary terms. In
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
those cases where the homemaker is part of the
workforce, the component of loss of domestic care
shall be in addition to the monthly income as may be
proved before the Tribunal/Courts."
12. Due to the death of the deceased, claimant
No.1 - husband and claimant Nos.2 and 3 - children of the
deceased lost loss of domestic care. Therefore, the income
of the deceased/loss of domestic care is taken at
Rs.30,000/- per month. Since the deceased was aged
about 34 years, 40% future prospects are to be added to
the income. Since the claimants are three in number,
1/3rd is to be deducted towards personal expenses of the
deceased. Since the deceased was aged 34 years, the
multiplier applicable is '16'. In view of the same, loss of
dependency is calculated as under:
Rs.30,000/- + 40% = Rs.42,000/- - 1/3rd =
Rs.28,000/- X 12 X 16 = 53,76,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
13. Since the claimants are not seeking any
enhancement under the other heads, the claimants are
entitled to enhanced compensation under the head of loss
of dependency in a sum of Rs.24,19,200/- (Rs.53,76,000/-
– Rs.29,56,800/-) with interest at the rate of 6% per
annum from the date of petition till realization.
14. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.
15. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.24,19,200/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation amount with
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:57359
MFA No. 3594 of 2026
CNR: KAHC010350812026
interest before the Tribunal within a period
of six weeks from this day.
iv) The appellants/claimant Nos.1 to 3 are
entitled to compensation in the ratio of
30:35:35 respectively.
v) The share of compensation in the enhanced
compensation of appellant No.3/claimant
No.3 minor shall be kept in fixed deposit
with Karnataka Branch, City Civil Court
branch, Bengaluru till she attains majority.
vi) The share of claimant Nos.1 and 2 in the
enhanced compensation shall be released
to them as per the ratio.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SJK
List No.: 1 Sl No.: 39