- 1 - HC-KAR NC: 2026:KHC:22553 MFA No. 3209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3209 OF 2025 (MV-D) BETWEEN: 1. NOORJAN W/O LATE SANNA ULLA, NOW AGED ABOUT 52 YEARS, 2. ASMA D/O LATE SANNA ULLA, NOW AGED ABOUT 28 YEARS, 3. RESHMA W/O SYED FAIROQ, NOW AGED ABOUT 39 YEARS, 4. MEHARAJ W/O FAREED PASHA, NOW AGED ABOUT 31 YEARS, ALL ARE R/AT WARD NO.16, MADEENA MOHALL, BEHIND N R MILL, T NARASIPURA TALUK, MYSURU DISTRICT. APPELLANTS (BY SRI. RAGHU R.,ADVOCATE) AND: 1. SATHISH M MAJOR, S/O MADEGOWDA, R/AT KODEKOPPALU VILLAGE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22553 MFA No. 3209 of 2025 KIRGAVALU POST, MALAVALLI TALUK, MANDYA DISTRICT-571430. 2. DIVISIONAL MANAGER RELIANCE GEN INS CO LTD., NO.28, EAST WING, 5TH FLOOR, SANITARY BUILDING, MG ROAD, BENGALURU-560001. RESPONDENTS (BY KUM. SONALI., ADVOCATE FOR SRI. D. VIJAYA KUMAR., ADVOCATE FOR R2; V/O DTD 29.04.2025 NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.06.2024 PASSED IN MVC NO.544/2022 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT, T.NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 20.06.2024 passed in MVC.No.544/2022 on the file of the learned Senior Civil Judge - 3 - HC-KAR NC: 2026:KHC:22553 MFA No. 3209 of 2025 and Additional MACT, T. Narasipura, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. Sanna Ulla met with an accident on 10.02.2022 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.27,10,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.12,38,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the deceased was working as a Mason and earning Rs.30,000/- per month. But the Tribunal has taken the income as Rs.11,473.16/- per month. The Tribunal has not taken the future prospects while calculating the loss of dependency and 1/3rd is deducted towards personal expenses instead of 1/4th and the amounts granted on the other heads - 4 - HC-KAR NC: 2026:KHC:22553 MFA No. 3209 of 2025 are meager. Therefore, requested for enhancement of compensation. 4. Though it is stated that the deceased was earning Rs.30,000/- per month, the claimants have not filed any income proof. The accident is of the year 2022, this Court finds it reasonable to take his income as Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 53 years and the relevant multiplier is '11'. He is entitled for 10% towards future prospects and 1/4th is to be deducted towards personal expenses as the number of dependents are four in number. So loss of dependency comes to Rs.15,500/- + 10% X 12 X 11 - 1/4 = Rs.16,87,950/-. Petitioner No.1 is entitled for an amount of Rs.44,000/- towards spousal consortium. Petitioner Nos.2, 3 and 4 are entitled for an amount of Rs.44,000/- each towards parental consortium and they are also entitled for Rs.33,000/- under the conventional heads. 5. Thus in all, compensation awarded by this Court is as below: - 5 - HC-KAR NC: 2026:KHC:22553 MFA No. 3209 of 2025 6. Hence, the appellants-claimants are entitled for a total compensation of Rs.18,98,950/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 20.06.2024 passed in MVC.No.544/2022 on the file of the learned Senior Civil Judge and Additional MACT, T. Narasipura, is modified. iii. The claimants are entitled to a sum of Rs.18,96,950/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.12,38,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Sl.Nos. Particulars Amount in Rs. 1. Loss of dependency 16,87,950/- 2. Spousal consortium 44,000/- 3. Parental consortium 1,32,000/- 4. Conventional heads 33,000/- Total 18,96,950/- - 6 - HC-KAR NC: 2026:KHC:22553 MFA No. 3209 of 2025 Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.6,58,950/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1 - wife of the deceased is permitted to withdraw the said amount along with interest accrued on the same. vi. The claimants are not entitled for interest for delay period of 208 days as per order dated 24.04.2026 passed on IA.No.1/2025. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 25