- 1 - HC-KAR NC: 2026:KHC:22433 MFA No. 7789 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7789 OF 2019(MV-D) BETWEEN: 1. SMT. MANJULA, W/O LATE P.H.PALAKSAIAH, AGED ABOUT 50 YEARS, 2. SRI. P. HONNAGANGAIAH @ RAVISH, S/O LATE P.H.PALAKSAIAH, AGED ABOUT 33 YEARS, BOTH APPELLANTS RESIDING AT NO.27 A, PURUSHANA HALLI, DODDABALLAPURA, BANGALORE DISTRICT - 561 203. …APPELLANTS (BY SRI. HARISH BABU K N., ADVOCATE) AND: 1. MR. SONNEGOWDA, S/O PATALAPPA, (AGE, NOT KNOWN TO THE APPELLANTS), R/AT NO.23, ARALUMALLIGE VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22433 MFA No. 7789 of 2019 DODDABALLAPURA TALUK, BANGALORE DISTRICT- 561 203. 2. THE MANAGER CHOLA MS GENERAL INSURANCE COMPANY LTD., MANHASA HOSPITAL, NO.135/5, 2ND FLOOR, NEAR DHALMIA CIRCLE, 15TH CROSS, J.P.NAGAR 3RD PHASE, BANGALORE - 560 007. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 31.05.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/01/2019, PASSED IN MVC NO.690/2014, ON THE FILE OF THE IV ADDITIONAL DISTRICT & SESSIONS JUDGE AND MACT, MEMBER, DODDABALLAPURA, BENGALURU RURAL DISTRICT, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22433 MFA No. 7789 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is by the claimants challenging the judgment and award dated 01.01.2019 passed in M.V.C.No.690/2014 by the IV Additional District and Sessions Judge and M.A.C.T, Doddaballapura (For Short 'The Tribunal'). 2. Heard Sri.Harish Babu K.N, learned counsel appearing for the appellants and Sri.B.Pradeep, learned counsel for the respondents. 3. The material on record would indicate that the wife and son of the deceased Sri.P.H.Palakshaiah filed the claim petition before the Tribunal seeking compensation for the death of Sri.P.H.Palakshaiah in a road accident on 30.03.2013. The material on record would further indicate that the deceased was working as a teacher in a Government School and he had drawn salary of ₹30,112/- during the month of March, 2013. - 4 - HC-KAR NC: 2026:KHC:22433 MFA No. 7789 of 2019 4. Admittedly, the deceased was aged 59 years at the time of accident. However, the Tribunal has incorrectly considered 50% of the income of the deceased and awarded compensation which is impermissible. After deducting the taxes on the salary of the deceased would be `29,912/-. The same is required to be considered for the determination of compensation. The claimants would be entitled to compensation under the head of 'Loss of Consortium' at the rate of `40,000/- each with 10% escalation. Similarly, `16,500/- under the head of 'Loss of estate' and `16,500/- under the head of 'Transportation of dead body and funeral expenses'. The compensation is re- determined as under; HEADS AMOUNT IN RUPEES Loss of dependency (` 29,912/- +15% x 12 x 9 - 1/3) 24,76,714 Loss of consortium `40,000/- each with 10% escalation) ie. (`44,000/- x 2) 88,000 Loss of Estate 16,500 - 5 - HC-KAR NC: 2026:KHC:22433 MFA No. 7789 of 2019 Transportation of dead body and funeral expenses 16,500 TOTAL 25,97,714 5. Thus, the appellant-claimant shall be entitled to a total compensation of ````25,97,714/- as against `16,55,248/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 01.01.2019 passed by the Tribunal in M.V.C.No.690/2014 is modified to an extent that the appellants-claimants would be entitled to total compensation of ````25,97,714/- as against `16,55,248/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:22433 MFA No. 7789 of 2019 (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. (iv) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. (v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. (vi) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 1 Sl No.: 10