- 1 - HC-KAR NC: 2026:KHC:13835 MFA No. 4994 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4994 OF 2024 (MV-D) BETWEEN: 1. SMT YASHODHA W/O DEVARAJU AGED ABOUT 52 YEARS, 2. DEVARAJU S/O LATE SANNAIAH, AGED ABOUT 55 YEARS, 3. JYOTHI M D D/O DEVARAJU AGED ABOUT 29 YEARS, ALL ARE R/O MULENAHALLI VILLAGE, MADIHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT. …APPELLANTS (BY SRI. KAVITHA H C., ADVOCATE(ABSENT)) AND: 1. SAYYAD SHAFI S/O SAYYAD JAFAR, 3RD CROSS, H .H ROAD, SIDDESHWARA NAGAR SHIMOGGA -577 203 (OWNER OF LORRY BEARING REG NO. KA-32-C-4656) 2. THE MANAGER NEW INDIA ASSURANCE CO. LTD., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13835 MFA No. 4994 of 2024 CHANDAN COMPLEX, HARSHA MAHAL ROAD, HASSAN-573 201. …RESPONDENTS (BY SMT. MANJULA N. TEJASWI., ADVOCATE FOR R2, V/O DATED 25.02.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2024 PASSED IN MVC NO.346/2022 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN, 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 appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.03.2024 passed in MVC NO.346/2022 on the file of the court of Senior Civil Judge and MACT, Belur, Hassan, for enhancing the compensation. 2. Heard the arguments of the learned counsel for respondent No.2. Learned counsel for appellant remained absent on 05.03.2026. Even today he did not turn up. The - 3 - HC-KAR NC: 2026:KHC:13835 MFA No. 4994 of 2024 ranks of the parties are retained as per tribunal for the sake of convenience. 3. One Chethan @ Chethankumar, son of Devaraju met with an accident on 17.10.2021 and his parents and sister filed claim petition claiming compensation of Rs.50,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.21,81,000/- with interest at the rate of 6% p.a., from date of petition till realisation. 4. Aggrieved by the said order, they preferred an appeal and mainly contended that Chethan was earning Rs.30,000/- per month by doing agriculture work and social work. But the Tribunal has considered his income as Rs.15,000/- which is on lower side. Ex.P10 was not considered and also submits that 1/3rd deduction towards personal expenses is on higher side. The Tribunal ought to have considered Ex.P10 while assessing the income and 50% deduction is on higher side. More compensation - 4 - HC-KAR NC: 2026:KHC:13835 MFA No. 4994 of 2024 ought to have been granted under loss of future prospects. Thus, requested for enhancement of the compensation. 5. Learned Counsel of the respondent stated that Ex.P10 is only letter issued by the Taluka Panchayath, but the author of Exhibit P10 was not examined and thus notional income was rightly considered. However, on the perusal of the record it shows that he has not filed any income proof. As he met with accident in 2021, based on the chart as per Karnataka State Legal Services authority, the Tribunal has rightly considered the notional income as Rs.15,000/- and he was aged 32 years and the multiplier is taken as 16 and he is entitled for 40% towards future prospects and 50% is to be deducted towards personal expenses. The total loss of dependency was rightly calculated by the tribunal as Rs.20,16,000/. The tribunal also rightly granted the amount under the head consortium and conventional heads and arrived to the final figure of Rs.21,81,000/-. Tribunal rightly considered all the aspects and granted reasonable amount. But the claimant - 5 - HC-KAR NC: 2026:KHC:13835 MFA No. 4994 of 2024 preferred appeal and not turned up and not made any representation. Therefore, this Court finds there are no merits in the appeal. Accordingly, appeal is dismissed confirming the order of the tribunal. Insurance company already deposited the entire amount. Therefore, claimants are permitted to withdraw the entire amount along with interest accrued as per the apportionment of the tribunal. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 68