- 1 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4145 OF 2024(MV-D) BETWEEN: 1. NELAMMA, W/O. DODDA ERANNA, AGED ABOUT 41 YEARS, 2. DODDA ERANNA, S/O. LATE PALAIAH, AGED ABOUT 43 YEARS, 3. ERAMMA, D/O. DODDA ERANNA, AGED ABOUT 24 YEARS, 4. MALLIKARJUNA, S/O. DODDA ERANNA, AGED ABOUT 20 YEARS, ALL ARE R/O. RAYAPURA VILLAGE, MOLAKALMURU TALUK, NOW R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 501. …APPELLANTS (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. JAGADEESH M. R., S/O. RAJANNA M. S., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 AGE MAJOR, OWNER OF LORRY BEARING NO. KA -50/A-3175, R/O. NO.8, 2ND CROSS SOLADEVANAHALLI, HESARGHATTA, MAIN ROAD, ACHIT NAGAR POST, BENGALURU - 560 090. 2. THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., 1ST FLOOR, VIRUPASKHA KRUPA, OPP KIMS MAIN ROAD, R. B. ROAD, HUBLI - 580 020. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY, N.A. ,ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; R1- VIDE COURT ORDER DATED 16.09.2025, NOTICE IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2023 PASSED IN MVC NO.483/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 ORAL JUDGMENT At request of Sri.R.Shashidhara learned counsel for the appellants and Sri.Mallikarjun Reddy.N.A who represents Sri.Pradeep.B learned counsel on record for respondent No.2, the matter is taken up for final hearing and disposal. 2. The first appellant being the mother, the second appellant being the father, the third appellant being the sister and the fourth appellant being the brother of the deceased Darshan (hereinafter be referred to as the 'deceased' for brevity) filed a petition claiming compensation of ₹40,00,000/- in total on the ground that the deceased died in a road traffic accident that occurred in the year 2020. The Additional Motor Accident Claims Tribunal-V, Chitradurga dealt with the case as MVC No.483/2020 and finally passed an award on 28.08.2023, granting a sum of ₹10,74,000/- as compensation. Projecting that they are entitled to a higher sum, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 3. Learned counsel for the appellants submits that the deceased was aged around 19 years by the date of accident. He was working as a labourer and was earning ₹20,000/- per month. The tribunal took the notional income of the deceased as ₹14,500/- per month and the appellants have no grievance in this regard. However, the Tribunal failed to add future prospects. Learned counsel states that as per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, future prospects are required to be added. Learned counsel further submits that the compensation that is granted by the Tribunal towards the loss of estate and funeral expenses is also on lower side. Learned counsel further contends that the Tribunal failed to award any compensation towards loss of filial consortium. Learned counsel thereby seeks for enhancement in compensation. - 5 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 4. Sri.Mallikarjun Reddy.N.A who represents respondent No.2 seeks the Court to dispose of the matter on merits. 5. As rightly contended by learned counsel for the appellants, the Tribunal for the reasons best known failed to add the future prospects. Also the Tribunal did not award any compensation towards loss of filial consortium. Therefore, this Court considers desirable to revisit entire case and to award justifiable sum as compensation. 6. Having taken the notional income of the deceased as ₹14,500/- per month, on adding 40% towards future prospects as per the decision of the Hon'ble Apex Court in Pranay Sethi's case, the deceased being aged about 19 years by the date of accident, deducting 50% towards personal and living expenses which the deceased would have incurred for himself had he been alive as the deceased died as bachelor and applying the appropriate multiplier '18' the compensation which the - 6 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 appellants are entitled under the head 'loss of dependency' is as under: Description Amount In Rs. Notional income 14,500-00 Annual Income (14,500X12) 1,74,000-00 On adding 40% towards future prospects 2,43,600-00 On deducting 50% towards personal and living expenses 1,21,800-00 Loss of dependency, on applying appropriate multiplier '18' 21,92,400-00 7. Thus the appellants are entitled to a sum of ₹21,92,400/- towards loss of dependency. Together with the said amount appellant Nos.1 and 2 being the parents of the deceased are entitled to ₹44,000/- towards loss of filial consortium. The appellants are also entitled to a sum of ₹16,500/- towards funeral expenses and ₹16,500/- towards loss of estate. Thus the total sum which the appellants are entitled to is as under: - 7 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 Thus the appellants are entitled to a sum of ₹22,69,400/- as compensation. Therefore, appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal-V, Chitradurga through orders in MVC No.483/2020 dated 28.08.2023 is enhanced from ₹10,74,000/- to ₹22,69,400/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of Sl No. Compensation Amount in Rs. 1 Loss of dependency 21,92,400-00 2 Loss of filial consortium 44,000-00 3 Funeral expenses 16,500-00 4 Loss of estate 16,500-00 Total 22,69,400-00 - 8 - HC-KAR NC: 2025:KHC:36738 MFA No. 4145 of 2024 delay of 206 days as per orders in I.A.No.1/2024. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 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 50%, the second appellant is entitled to 40% and appellant Nos.3 and 4 are entitled to 5% each. (vi) On deposit, the appellants are permitted to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 6