- 1 - HC-KAR NC: 2026:KHC:11867 MFA No. 3119 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3119 OF 2017 (MV-D) BETWEEN: 1. SRI. BETTEGOWDA AGED ABOUT 72 YEARS, S/O KALARASE GOWDA 2. SMT. CHIKKAGANGAMMA @ GANGAMMA W/O BETTEGOWDA AGED ABOUT 56 YEARS, BOTH ARE RESIDING AT: BETTADAKOTE, BILIGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT. …APPELLANTS (BY SRI. R. LAKSHMANA.,ADVOCATE) AND: 1. M/S EUREKA FORBES LTD., BY ITS MANAGER NO.1/B, 48, 2ND FLOOR, 27TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 83. 2. UNITED INDIA INSURANCE COMPANY LIMITED, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11867 MFA No. 3119 of 2017 BY ITS MANAGER, MOTOR DEALER DIVISION KRISHI BHAVAN, 6TH FLOOR, HUDSON CIRCLE, BANGALORE 01. …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA.,ADVOCATE FOR R2; VIDE ORDER DATED 19.04.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.10.07.2014 PASSED IN MVC NO.6250/2011 ON THE FILE OF THE JUDGE COURT OF SMALL CAUSES AND 26TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the award of the Tribunal in M.V.C.No.6250/2011 dated 10.07.2014. Sri. Jai Kumar, injured/claimant met with an accident on 18.01.2011 and died subsequently. His parents filed claim petition claiming compensation of Rs.25,00,000/-. Tribunal considering the entire evidence on record, granted an amount of Rs.12,20,000/- with interest at the rate of 6% per annum from - 3 - HC-KAR NC: 2026:KHC:11867 MFA No. 3119 of 2017 the date of petition till realization. Aggrieved by the said order, appellants preferred an appeal and mainly contented that Tribunal considered his income as Rs.10,000/- instead of Rs.20,060/-. As he was working as a Customer Sales Specialist at Eureka Forbes Ltd., they filed Ex.P13 and Ex.14 and also examined the employer as PW.2. Thus, the appellants requested for enhancement of the compensation. 3. It is stated that Jaikumar/deceased was working as a Customer Sales Specialist at Eureka Forbes Ltd., and as per Ex.P8, he joined in the service in the year 2010. He examined PW.2 and marked Exs.P13 and P14 and salary slips for the month of June, 2010 to September, 2011 are filed. But he met with an accident in September, 2011. 4. Learned counsel of the respondents stated that they have not filed any bank statement and the income of Jai Kumar varying from month to month. It was Rs.20,060/- in August 2011, Rs.12,250/- in July 2011 and Rs.5,582/- in June 2010. Considering the variation, this Court finds it reasonable to take the average salary of the deceased as Rs.12,631/- per month for the purpose of calculation. He was aged 23 years and the - 4 - HC-KAR NC: 2026:KHC:11867 MFA No. 3119 of 2017 multiplier is '18'. As he was a private employee, he is entitled for 40% towards 'future prospects' and he was a bachelor, 50% has to be deducted towards his 'personal expenses'. Therefore, 'loss of dependency' comes to Rs.19,09,764/- (12,631 + 40% x 12 x 18 - 50%). Appellant Nos.1 and 2 are parents and each of them are entitled for an amount of Rs.40,000/- towards filial consortium, and they are also entitled for Rs.30,000/- under the conventional heads. Thus, in all components awarded by this Court are as below: Sl. No. Particulars Amount (Rs.) 1. Loss of dependency 19,09,764/- 2. Consortium 80,000/- 3. Conventional heads 30,000/- Total 20,19,764/- Tribunal awarded 12,20,000/- Enhanced amount 7,99,764/- 5. Therefore, the compensation is enhanced to Rs.7,99,764/- as against the compensation awarded by the Tribunal with interest at the rate of 6% per annum. - 5 - HC-KAR NC: 2026:KHC:11867 MFA No. 3119 of 2017 6. The insurance company already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.7,99,764/- with interest at the rate of 6% per annum. 7. In the result, I pass the following: O R D E R i. The appeal is allowed in-part. ii. The judgment and award dated 10.07.2014 passed in M.V.C.No.6950/2011 on the file of the Court of Small Causes and Motor Accident Claims Tribunal, Bangalore (SCCH-09) is modified. iii. The appellants - claimants are entitled for enhanced compensation of Rs.7,99,764/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. iv. Respondent No.2 - Insurance Company is directed to deposit the enhanced compensation of Rs.7,99,764/- with interest at the rate of 6% per annum within one month from the date of this order. - 6 - HC-KAR NC: 2026:KHC:11867 MFA No. 3119 of 2017 v. On such deposit, the appellants - claimants are permitted to withdraw the entire amount along with interest accrued on it equally. Sd/- (P SREE SUDHA) JUDGE PKN List No.: 1 Sl No.: 38