- 1 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5496 OF 2025 (MV-D) BETWEEN: 1. SMT. SHASHIKALA W/O RUDRAPRASANNA. Y.C. NOW AGED ABOUT 46 YEARS, 2. SRI. RUDRA PRASANNA. Y. C. S/O. CHANDRASHEKHAR, NOW AGED ABOUT 52 YEARS, BOTH ARE RESIDING AT YALIYURU VILLAGE HUTHRIDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 126. …APPELLANTS (BY SRI. B. CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. SRI. KRISHNAIAH S/O KAMBAIAH, MAJOR, (AGE OF R-1 NOT KNOWN TO APPELLANTS ) RESIDING AT SONDALAGERE VILLAGE HUTHRIDURGA HOBLI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 KUNIGAL TALUK TUMKUR DISTRICT - 572 126. 2. CHOLA M.S. GENERAL INSURANCE COMPANY LTD., UNIT. NO. 04, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX 59TH C CROSS, INDUSTRIL SUBURB RAJAJINAGAR 4TH M BLOCK BENGALURU - 560 010 BY ITS MANAGER. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; VIDE ORDER DATED 28.07.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.02.2024 PASSED IN MVC NO.4960/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 Motor Vehicles Act, 1988 challenging the - 3 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 judgment and award dated 14.02.2024 passed in MVC No.4960/2022 on the file of the VIII Additional Small Causes Judge and ACMM, Member, MACT, Bengaluru (SCCH-5), for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that, one Y. R. Chinmayi, met with an accident on 24.05.2022. His parents filed petition before the Tribunal for compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.21,99,584/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the deceased-Y. R. Chinmayi, was aged 20 years at the time of the accident, he was doing tailoring work and earning Rs.20,000/- per month. The Tribunal - 4 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 granted meagre amounts under the other heads. Therefore, requested for enhancement of the compensation. 5. Though it is stated that the deceased-Y. R. Chinmayi, was earning Rs.20,000/- per month, the claimants have not filed any income proof. As the deceased met with an accident in the year 2022, this Court finds it reasonable to take the notional income at Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 20 years and the applicable multiplier is '18'. The deceased is entitled to an addition of 40% towards future prospects. As the deceased was unmarried, 50% of the income is to be deducted towards his personal expenses. Accordingly, the loss of dependency comes to Rs.23,43,600/- (15,500+40%x12x18-50%). Both the claimants are entitled to Rs.44,000/- each towards filial consortium and a sum of Rs.33,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: - 5 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.24,64,600/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.02.2024 passed in MVC No.4960/2022 on the file of the VIII Additional Small Causes Judge and ACMM, Member, MACT, Bengaluru (SCCH-5), is modified. iii. The claimants are entitled to a sum of Rs.24,64,600/- along with interest at 6% Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,43,600/- 2 Towards filial consortium (Rs.44,000/- each to petitioner Nos.1 and 2) 88,000/- 3 Towards conventional heads 33,000/- Total 24,64,600/- - 6 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 p.a., from the date of petition till the date of realization, instead of Rs.21,99,584/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,65,016/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, both the petitioners are permitted to withdraw the entire amount equally along with interest accrued on the same. vi. On 28.10.2025, the delay of 432 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. - 7 - HC-KAR NC: 2026:KHC:8506 MFA No. 5496 of 2025 Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 98