- 1 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.7734 OF 2023(MV-D) BETWEEN: 1. SMT. P.S. GEETHA W/O. LATE. SRINATHA N., AGED ABOUT 22 YEARS, 2. MASTER RUTHVIK C.S., S/O LATE SRINATHA N, AGED ABOUT 03 YEARS, 3. KUMARI YASHASHWINI S. D/O LATE SRINATHA N., AGED ABOUT 03 MONTHS, APPELLANT NO.2 AND 3 ARE BEING A MINORS REP. BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 i.e., P.S. GEETHA 4. SRI. NAREPPA S/O. MUNISHAMAPPA, AGED ABOUT 50 YEARS, 5. SMT. NANAMMA W/O. NAREPPA, AGED ABOUT 45 YEARS, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 BOTH ARE RESIDING AT: CHOKKAREDDYHALLI, KAGATHI POST, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 146. …APPELLANTS (BY SRI. GIRISH K.V., ADVOCATE) AND: 1. M/S. HDFC ERGO GENERAL INSURANCE CO. LTD., MOTOR CLAIMS HUB, NO.25/1, SHANKARA NARAYANA BUILDING, M.G. ROAD, BENGALURU - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. 2. MOHAMMED ALI, S/O LATE SHAIK KHASIM, INDIRA ASHRAYA LAYOUT, KOLAR MAIN ROAD, BANGARPET, KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI D. VIJAYA KUMAR, ADVOCATE FOR R1 VIDE ORDER DATED 27.03.2024, NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2023 PASSED IN MVC NO.797/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, 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 MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by claimants seeking enhancement of compensation arising out of the judgment and award dated 12.01.2023 in MVC No.797/2022 passed by XXIV Small Causes Judge & XXIV A.C.M.M. Member, MACT, Bengaluru (hereinafter referred to as ‘the Tribunal’). 2. The date of accident, the involvement of vehicle and the death of Srinath N. S/o Nareppa, as well as the liability to pay compensation are not in dispute. The only dispute pertains to non-consideration of income as per the chart prepared by the Karnataka Legal Services Authority for the corresponding year of the accident. 3. Heard K.V. Girish, learned counsel for the appellant and Sri D.Vijaya Kumar, learned counsel for respondent No.1. Vide order dated 27.03.2024, notice of this appeal to respondent No.2 is dispensed with. 4. K.V. Girish, submits that the Tribunal committed an error in taking the income as per the minimum wages at Rs.14,250/- per month. Admittedly, the date of the accident - 4 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 was 13.06.2021 and as per the income fixed under the chart prepared by the Karnataka Legal Services Authority for settlement of claims before the Lok Adalat corresponding to the year of the accident, i.e., 2021 is at Rs.15,000/-. 5. He further submits that the Tribunal, however, in other respects, has rightly considered the addition towards future prospects and applied the appropriate multiplier as well as awarded compensation under other conventional heads. He also submits that the claimants are entitled to 10% escalation on the compensation awarded under the conventional heads. With these submissions, sought to allow the appeal and enhance the compensation. 6. Though Sri D. Vijya Kumar, learned counsel for respondent No.1 argued in support of the award passed by the Tribunal, but he is not seriously in dispute with the income fixed as per the chart corresponding to the year 2021, at Rs.15,000/- 7. Having heard the learned counsel for the parties and on perusal the record, we are of the opinion that the Tribunal erred in not considering the deceased income as - 5 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 Rs.15,000/- per month instead of Rs.14,250/- per month. The deceased was aged 29 years of age at the date of the accident. In accordance with established principles, 40% to be added to the existing income is to be added towards ‘Future Prospects’. The appropriate multiplier applicable, having regard to the age of the deceased is ‘17’. In terms of the settled position of law, the claimants are also entitled to 10% escalation on the compensation awarded under the conventional heads. 8. In view of the higher income and the entitlement to 10% escalation on the conventional heads, the compensation awarded by the Tribunal required revisited as under: Sl.No. Heads Amount in Rs. 1. Loss of Dependency (15,000+40%x12x17x3/4) 32,13,000/- 2. Loss of Estate 15,000/- 3. Funeral expenses 15,000/- 4. Loss of consortium (40,000x5) 2,00,000/- 5. 10% Escalation (2,30,000x10%) 23,000/- TOTAL 34,66,000/- - 6 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 9. On re-determination, the claimants are entitled to Rs.34,66,000/- as against Rs.32,82,350/- awarded by the Tribunal. Accordingly, the claimants are entitled to enhanced compensation of Rs.1,83,650/- which shall carry interest at the rate of 6% per annum. Resultantly, we pass the following: ORDER i. The appeal is allowed in-part. ii. The judgment and award dated 12.01.2023 in MVC No.797/2022 passed by the MACT and Additional Judge SCCH-20, Mayo Hall Unit, Bengalurul, is modified and enhanced to Rs. 1,83,650/-, which shall carry interest at the rate of 6% per annum from the date of the petition till realisation. iii. Respondent No.1-Insurance Company shall deposit the entire enhanced compensation along with the accrued interest before the concerned - 7 - HC-KAR NC: 2025:KHC:45673-DB MFA No. 7734 of 2023 Tribunal within six weeks from the date of receipt of a copy of this order. iv. On such deposit, the entire compensation shall be released in favour of the claimants as per the apportionment order by the Tribunal. v. The apportionment and disbursement of the compensation amount shall be in accordance with the impugned order of the Tribunal. vi. No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE TMP List No.: 2 Sl No.: 27