- 1 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1108 OF 2025(MV-D) BETWEEN: 1. SHAMSHAD BEGUM W/O.BYED ILIYAS PASHA @ SYED ILLIYAZ PASHA, AGED ABOUT 47 YEARS, 2. SYED ILIYAS PASHA @ SYED ILIYAZ PASHA S/O SYED GAFAR, AGED ABOUT 50 YEARS 3. SAYED SAQIB S/O SYED ILIYAZ PASHA, AGED ABOUT 24 YEARS, RESIDENTS OF OLD RESIDENTS, OF GALAGA VILLAGE. PRESENTLY NOW R/AT BHAGYANAGARA, KASABA HOBLI, TUMAKURU TALUK AND DISTRICT - 577 101. …APPELLANTS (BY SRI. M.B. RYAKHA, ADVOCATE) AND: 1. KRUTHAK B.N, S/O NAGARJU B.G, AGED ABOUT 42 YEARS, R/O BHUVANAHALLI MANANGI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 TURUVEKERE TALUK - 572 227 TUMAKURU DISTRICT - 577 004. 2. THE MANAGER, IFCO TOKIO GENERAL INSURANCE CO.,LTD., OFFICE AT NO.-141, SRI SHANTHI TOWER, 5TH FLOOR, 3RD MAIN EAST OF NG EP LAYOUT, KASTURI NAGAR, BANGALORE - 560 043. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.09.2024 PASSED IN MVC NO. 547/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENT CLAIMS TRIBUNAL, TUMAKURU, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. - 3 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 2. This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 17.09.2024 passed in MVC No.547/2023 by the II Additional Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, Tumakuru (for short, 'the Tribunal') seeking enhancement of compensation. 3. One Syed Saad, met with an accident on 16.03.2023 and subsequently died. His parents and elder brother filed a claim petition claiming compensation of Rs.50,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.17,50,000./- with interest at 6% per annum from the date of petition till realisation. 4. Aggrieved by the said award, the claimants preferred this appeal mainly contending that the deceased was proceeding as a pillion rider and was aged 23 years. It is contended that the deceased was working as a mechanic and earning Rs.15,000/- per month. However, - 4 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 the Tribunal has taken his income at Rs.15,000/- per month instead of Rs.16,000/- per month as per the notional income chart, and was wrongly deducted one- third towards personal expenses instead of 50%, though the deceased was a bachelor. It is future contended that future prospects were not added. Hence, they have sought enhancement of compensation. 5. Though it is stated that the deceased-Syed Saab was earning Rs.15,000/- per month, no documentary proof of income has been produced. The learned counsel for the respondent submitted that since the claimants themselves admitted that the deceased was earning Rs.15,000/- per month, the Tribunal has rightly considered his income at Rs.15,000/ per month. However, in the absence of proof of income, this Court relies on the notional income chart prepared by the Karnataka State Legal Services Authority. As per the said chart, for an accident that occurred in the year 2023, the notional income is Rs.16,000/- per month. Since the Motor Vehicles - 5 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 Act is a beneficiary legislation, whichever is benefited to the litigant is to be adopted. The deceased was aged 23 years and therefore the applicable multiplier is '18'. 6. As per Ex.P7, the claimants are entitled to 40% towards future prospects. Since the deceased was a bachelor, 50% of the income is to be deducted towards his personal expenses. Accordingly, the loss of dependency is comes to Rs.16,000/- + 40% X 12 X 18 - 50%= Rs.24,19,200/-. 7. The claimants/petitioners Nos.1 and 2 are parents of the deceased. Each of them is entitled to Rs.44,000/- towards loss of filial consortium. In addition, they are also entitled to Rs.33,000/- under conventional heads. 8. Accordingly, the compensation payable is recalculated as follows: - 6 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 9. Thus, the appellants/claimants are entitled to total compensation of Rs.25,40,200/- as against Rs.17,50,000/- awarded by the Tribunal. The enhanced compensation therefore amounts to Rs.7,90,200/-. To this extent, the award passed by the Tribunal requires modification. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 17.09.2024 passed in MVC No.547/2023 by the II Additional Senior Civil Judge and JMFC and Particulars Amount in Rs. Loss of dependency 24,19,200.00 Loss of parental consortium (Rs.44,000 x 2 dependency) 88,000.00 Conventional heads 33,000.00 Total 25,40,200.00 - 7 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 Motor Accident Claims Tribunal, Tumakuru, is hereby modified; iii. The Insurance Company has already deposited the amount awarded by the Tribunal. Therefore, Respondent No.2 is directed to deposit the enhanced compensation of Rs.7,90,200/- with interest 6% per annum from the date of petition till its realization. iv. The appellants-claimants are entitled to enhanced compensation of Rs.7,90,200/- (Rs.25,40,200/- minus Rs.17,50,000/-). v. Upon such deposit, claimants Nos.1 and 2 being the parents of the deceased and permitted to withdraw the entire compensation along with accrued interest equally. vi. The claimant No.3/petitioner No.3 is brother of the deceased. He is dependent - 8 - HC-KAR NC: 2026:KHC:14783 MFA No. 1108 of 2025 on petitioner No.1 but not on the deceased. Therefore, he is not entitled to any compensation. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 4