- 1 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO. 6384 OF 2025 (MV-D) BETWEEN: 1. SMT. K S LATHA W/O LATE PUTTARAJU AGED ABOUT 48 YEARS, 2. SACHIN K P S/O LATE PUTTARAJU AGED ABOUT 27 YEARS, 3. SAHANA K P D/O LATE PUTTARAJU AGED ABOUT 25 YEARS, ALL ARE R/AT KATIHALLI VILLAGE, KASABA HOBLI, ALURU TALUK, HASSAN DISTRICT-573 217. …APPELLANTS (BY SRI. SHARATHKUMAR H. N., ADV.) AND: 1. P N VENKATESH S/O LATE NARAYANAGOWDA, MAJOR IN AGE, RESIDING AT KARNAKRUPA VISHWESHWARAIAH ROAD, VIDYANAGAR, HASSAN TOWN, HASSAN- 573201, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 (OWNER OF THE LORRY BEARING REG.NO.KA-51-A-3661). 2. THE MANAGER IFFCO TOKIYO GENERAL INSURANCE COMPANY LIMITED, CUSTOMER SERVICE CENTRE SRI SHANTHI TOWERS 5TH FLOOR, NUMBER 141, 3RD MAIN ROAD, NGEF LAYOUT, KASTURI NAGAR, BENGALURU- 560043. (POLICY BEARING NO. 1,24718T2NP400/ MM697186, DATED 26-11-2021 TO 25-11-2022). …RESPONDENTS (BY SRI. E.I. SANMATHI, ADV. FOR R2 V/O/D 17.11.2025 NOTICE TO R1 IS D/W) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2024 PASSED IN MVC NO.1979/2022 ON THE FILE OF THE MEMBER, ADDITIONAL MACT, ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, 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 S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The appellants/claimants are before this Court under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘1988 Act’) not being satisfied with the quantum of compensation awarded under the judgment and award dated 29.10.2024 in MVC.No.1979/2022 on the file of the Additional Senior Civil Judge and Additional MACT, Hassan (for short, ‘the Tribunal’) and prayed for enhancement of compensation. 2. The claimants filed a claim petition under Section 166 of the 1988 Act claiming compensation for the accidental death of Sri.Puttaraju, husband of first claimant in a road traffic accident that took place on 06.09.2022 involving a lorry bearing registration No.KA-51-A-3661, while the deceased was riding his bike bearing registration No.KA-13-EL-2665 towards Hassan Town, near Shridevi Petrol Bunk, Thanniruhalla. It is stated that the deceased - 4 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 was working as a Coconut vendor and was also doing agricultural, dairying work and was earning Rs.40,000/- per month. It is stated that the deceased was aged 50 years. The claimants stated that they were totally dependent on the income of the deceased. 3. On issuance of notice, both respondent Nos.1 and 2 appeared before the Tribunal. Respondent No.1 denied all the claim petition averments. The second respondent-Insurance company also filed its objections denying the claim petition averments. It is also contended that the driver of the offending lorry was not holding valid and effective driving license as on the date of accident. 4. The claimant No.1 examined herself as PW1, apart from marking Ex.P1 to Ex.P22. No evidence was led and no documents were marked on behalf of the respondents. - 5 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 5. The Tribunal on scrutiny of the material on record, awarded total compensation of Rs.16,02,000/- on the following heads: 1. Loss of dependence Rs. 14,52,000/- 2. Loss of Estate Rs. 15,000/- 3. Funeral and Transportation Expenses Rs. 15,000/- 4. Parental Consortium Rs. 1,20,000/- TOTAL Rs. 16,02,000/- 6. While awarding the above compensation, the Tribunal assessed the income of the deceased at Rs.15,000/- p.m., deducted 1/3 towards personal expenses of the deceased and further awarded a sum of Rs.40,000/- each towards loss of consortium; Rs.15,000/- each towards loss of estate and Rs.15,000/- towards funeral and transportation expenses. The claimants, not being satisfied with the quantum of compensation, are in appeal seeking enhancement of compensation. 7. Heard learned counsel Sri.H.N.Sharath Kumar for appellants/claimants and learned counsel Sri.E.I.Sanmathi for respondent No.2 - Insurance company. Perused the entire material on record. - 6 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 8. Learned counsel Sri.H.N.Sharath Kumar for the claimants would contend that the Tribunal failed to assess the notional income of the deceased properly and he submits that in terms of the income chart prepared by the Karnataka State Legal Services Authority, the Tribunal ought to have assessed the notional income of the deceased at Rs.15,500/- p.m., as against Rs.15,000/- p.m., assessed by the Tribunal. Thus, he would pray for enhancement of the compensation by modifying the award under challenge. 9. Learned counsel Sri.E.I.Sanmathi for respondent-insurance company would fairly submit that notional income of the deceased ought to have been assessed at Rs.15,500/- p.m., in terms of the income chart prepared by the Karnataka State Legal Services Authority. 10. Having heard the learned counsel appearing for the parties and on perusal of the entire material on record, the only point which falls for our consideration is as to, - 7 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 Whether the appellants/claimants would be entitled for enhancement of compensation? 11. Answer to the above point would be in the affirmative for the following reasons: The accident that took place on 06.09.2022 involving a lorry bearing registration No.KA-51-A-3661 and bike bearing registration No.KA-13-EL-2665 and the consequent death of Sri.Puttaraju, husband of first claimant is not in dispute in this appeal. The respondent-insurance company has not filed any appeal. The claimants are before this Court claiming enhancement of compensation. 12. On perusal of the material on record, it is seen that the Tribunal has erred in assessing the notional income of the deceased at Rs.15,000/- p.m. The accident has taken place in the year 2022. For the year 2022, the notional income fixed by the Karnataka State Legal Services Authority is Rs.15,500/-p.m. As such, income of the deceased is re-assessed at Rs.15,500/- p.m., in terms of the income chart of the Karnataka State Legal Services - 8 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 Authority as against Rs.15,000/- p.m., assessed by the Tribunal. 13. The deceased was aged about 52 years and thus the Tribunal has rightly awarded 10% of future prospects on the assessed income. The Tribunal has rightly deducted 1/3, taking note of three dependants of the deceased. Further, the Tribunal has rightly awarded towards parental consortium. Accordingly, the claimants would be entitled for the modified compensation on the head of loss of dependency as under: Rs.(15500+15500x10%)X12X11X1/3=Rs.15,00,400/-. 14. As against compensation to be granted under the conventional heads, since the accident is of the year 2022 and since more than three years have elapsed since the date of accident, the dependents shall be entitled to Rs.40,000/- each plus the enhanced amount at 10% for every three years under the head loss of consortium and Rs.15,000/- each plus the enhanced amount at 10% for - 9 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 every three years under the heads loss of estate and funeral expenses and transportation of body. 15. Thus, the claimants would be entitled for the following modified compensation: Sl.No. PARTICULARS AMOUNT 1. Loss of dependency Rs. 15,00,400/- 2. Loss of consortium (Rs.44,000/- each) Rs. 1,32,000/- 3. Loss of estate Rs. 16,500/- 4. Funeral expenses and transportation of body Rs. 16,500/- TOTAL Rs.16,65,400/- 16. Thus, the claimants would be entitled to a total compensation of Rs.16,65,400/- as against Rs.16,02,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization. 17. In the result, we proceed to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to total compensation of Rs.16,65,400/- as against Rs.16,02,000/- awarded by the Tribunal. - 10 - HC-KAR NC: 2026:KHC:9312-DB MFA No. 6384 of 2025 c) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) The respondent-Insurance Company shall deposit the entire compensation amount with accrued interest before the Tribunal within four weeks from the date of receipt of certified copy of this judgment. e) Apportionment, deposit & disbursement shall be made as per the award of the Tribunal. f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. g) Draw modified award accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms