- 1 - HC-KAR NC: 2026:KHC:15109 MFA No. 3717 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3717 OF 2024 (MV-D) BETWEEN: 1. SMT. PUTTALINGAMMA W/O SHIVALINGAIAH ALIAS SHIVALINGEGOWDA AGED ABOUT 55 YEARS R/AT SASALAPURA VILLAGE SATHNOOR HOBLI CHANNAPATNA TALUK RAMANGARA DISTRICT 2. SRI SHIVALINGAIAH ALIS SHIVALINGE GOWDA S/O LATE CHANNEGOWDA NOW AGED ABOUT 50 YEARS R/AT SASALUPURA VILLAGE SATHNOOR HOBLI CHANANPATANA TALUK RAMAGNARA DISTRICT 3. SWETHA S W/O MADHUKAR S/O SHIVALINGAIAH ALIS SHIVALINGEGOWDA AGED ABOUT 29 YEARS R/AT SASALUPURA VILLAGE SATHNOOR HOBLI CHANANPATANA TALUK RAMAGNARA DISTRICT R/AT NO 520, NEW EXTENSION Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15109 MFA No. 3717 of 2024 ELEKERI, CHANANPATNA TOWN RAMANGARA DISTRICT …APPELLANTS (BY SMT. SUSHMITHA G., ADVOCATE) AND: 1. SRI. PRADEEP K S S/O SHIVALINGAIAH AGED ABOUT 38 YEARS R/AT KODAMBALLI VILALGE CHANANPATANA TALUK RAMANAGARA DISTRICT- 562160 2. THE HDFC ERGO GENERAL INSURANCE COMPANY LTD NO 25/1, 2ND FLOOR SHASNKARANAYA BUILDING M G ROAD BENGALURU- 560001 REP BY ITS MANAGER …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI. B PRADEEP, ADVOCATE FOR R2; V/O DTD 09/03/2026, NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.04.2024 PASSED IN MVC NO.201/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:15109 MFA No. 3717 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, 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 under Section 173(1) of Motor Vehicle Act, 1988 challenging the judgment and award dated 15.04.2024 passed in MVC No.201/2021, by the Senior Civil Judge and JMFC, Additional Motor Accident Claims Tribunal, Channapatna for enhancing the compensation. 2. Heard the arguments of learned counsel appearing for the appellants and respondent No.2. Notice to respondent No.1 is dispensed with vide order dated 09.03.2026. 3. The status of the parties before the Tribunal is retained for the sake of convenience. 4. Deepak.S has met with an accident on 19.05.2021 and his parents and elder sister filed claim petition claiming compensation of Rs.50,00,000/-. Tribunal considering the entire evidence on record, granted an amount of Rs.19,79,400/- with interest at the rate of 6% per annum from - 4 - HC-KAR NC: 2026:KHC:15109 MFA No. 3717 of 2024 the date of petition till realisation. Aggrieved by the said order they preferred an appeal and mainly contended that tribunal has taken the income as Rs.12,000/- per month which is on lower side and thus requested for enhancement of the compensation. 5. Though it is stated that petitioner was Agriculturist and Employee in Private Company and was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021 his notional income is to be taken as Rs.15,000/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 21 years and the multiplier is '18' and 40% is to be added towards future prospects i.e., Rs.21,000/- as he is a bachelor, 50% is to be deducted towards personal expenses. 'Loss of dependency' comes to Rs.22,68,000/- (15,000 + 40% x 12 x 18 - 50%) and petitioner Nos.1 and 2 are parents, each of them are entitled for an amount of Rs.44,000/- towards filial consortium (44,000 x 2) Rs.88,000/- and they are also entitled for Rs.33,000/- under the conventional heads. Total compensation comes to Rs.23,89,000. - 5 - HC-KAR NC: 2026:KHC:15109 MFA No. 3717 of 2024 6. Thus in all, award of compensation passed by the Tribunal is modified as under: 7. Hence, the compensation is enhanced from Rs.19,79,400 to Rs.23,89,000/- along with interest at 6% per annum from the date of petition till the date of deposit. 8. In the result, the following order is passed: ORDER i. Appeal is allowed-in-part. ii. The judgment and award dated 15.04.2024 passed in M.V.C.No.201/2021 by the Senior Civil Judge & JMFC, Additional Motor Vehicles Accident Claims Tribunal, Channapatna is modified; iii. The appellants are entitled to a sum of Rs.23,89,000/- along with interest at 6% Particulars Amount in Rs. Loss of dependency 22,68,000.00 Towards Filial Consortium 88,000.00 Conventional heads 33,000.00 Total 23,89,000.00 - 6 - HC-KAR NC: 2026:KHC:15109 MFA No. 3717 of 2024 p.a. from the date of petition till the date of realization as against Rs.19,79,400/-. iv. As the Insurance Company already deposited the awarded amount, respondent No.2 is directed to deposit the enhanced compensation of Rs.4,09,600/- with the interest at the rate of 6% per annum within one month from the date of this order. v. On such deposit, petitioner Nos.1 and 2 are permitted to withdraw the entire amount along with accrued interest. vi. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE VS List No.: 1 Sl No.: 45