- 1 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1952 OF 2025 (MV-D) BETWEEN: 1. SMT. MUNNIDEVI W/O.SHIVJI PASWAN, AGED ABOUT 53 YEARS, 2. BUDHU PASWAN S/O RAMESHWAR PASWAN, AGED ABOUT 60 YEARS, RESIDENT OF PAKARI ISMAIL LADAURA, MUZAFFARPUR, BIHAR - 843 113. …APPELLANTS (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. THE FAIRDEAL FOOD VENTURES PVT. LTD., REP. BY ITS MANAGER, NO.314, 1ST CROSS, 5TH MAIN, BHCS LAYOUT, UTTARAHALLI ROAD, BENGALURU - 560 061. 2. THE HDFC ERGO GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, NO.25/1, 2ND FLOOR, BUILDING NO.2, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 SHANKAR NARAYANA BUILDING, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 05.03.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2024 PASSED IN MVC NO.4293/2023 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-11), 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 This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 04.04.2024 passed in MVC No.4293/2023 on the file of the I Additional Small Cause - 3 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 Judge and ACMM and Member MACT, Bengaluru (SCCH- 11), for enhancing the compensation. 2. Heard the arguments of both sides. The ranks of the parties shall be referred to as per their status before the Tribunal for the sake of convenience. 3. Brief facts of the case are that Anchal Kumari, aged 12 years, met with an accident on 25.04.2023 and died subsequently. Her parents filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal, considering the entire oral and documentary evidence on record granted an amount of Rs.3,80,000/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, the appellants have preferred this appeal mainly contending that the Tribunal granted meager amounts under other heads and that the compensation granted is also inadequate. It is further contended that interest is to be - 4 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 granted at the rate of 12% and thus, requested for enhancement of compensation. 4. Anchal Kumari met with an accident in the year 2023. As per the chart prepared by the Karnataka State Legal Services Authority, her notional income is to be taken as Rs.16,000/- per month. As she was aged 12 years, the multiplier 15 is to be considered for the purpose of calculation. A deduction of 50% is to be made towards personal expenses. Accordingly, the loss of dependency comes to Rs.16,000/- x 12 x 15 – 50% = Rs.14,40,000/-. The claimants are the parents of the deceased and they are entitled to filial consortium of Rs.48,000/- each. They are also entitled for Rs.36,000/- under conventional heads. 5. Thus in all, compensation awarded by this Court is as below: - 5 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 6. Hence, the appellants-claimants are entitled for a total compensation of Rs.15,72,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 04.04.2024 passed in MVC No.4293/2023 on the file of the I Additional Small Cause Judge and ACMM and Member MACT, Bengaluru (SCCH-11), is modified. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 14,40,000/- 2 Towards filial consortium to petitioner No.1 and Petitioner No.2 48,000/- 48,000/- 4 Towards conventional heads 36,000/- Total 15,72,000/- - 6 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 iii. The claimants are entitled to a sum of Rs.15,72,000/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.3,80,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.11,92,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, the appellants are permitted to withdraw the entire amount along with interest accrued on the same equally. vi. The claimants are not entitled for interest for the delayed period of 236 days as per - 7 - HC-KAR NC: 2026:KHC:19652 MFA No. 1952 of 2025 the order on I.A.No.1/2025 dated 05.03.2026. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 7