- 1 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2807 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2894 OF 2024 (MV-I) IN MFA No. 2807/2024 BETWEEN: 1. SRI. K BRAHMA REDDY S/O KODANDA REDDY AGED ABOUT 46 YEARS RESIDING AT NO 128 3RD CROSS,FCI GOWDON VIJINAPURA,DOORVANINAGAR BENGALURU -560 016. 2. SMT KASAMMA W/O K BRAHMA REDDY AGED ABOUT 44 YEARS RESIDING AT NO 128 3RD CROSS,FCI GOWDON VIJINAPURA,DOORVANINAGAR BENGALURU-560 016. …APPELLANTS (BY SRI. GURUDEV PRASAD K T,ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD.,BY ITS MANAGER MOTOR CLAIMS HBU NO 09, 2ND FLOOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 MHALAKSHMI CHAMBERS M G ROAD,BANGALORE-560 001. 2. SRI PARVEEZ AHMED S/O ABDUL SUBHAN R/AT NO 113,10TH CROSS 1ST CROSS,RDJC LAYOUT DEVASANDRA,K R PURAM BENGALURU-560 036. …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI, ADVOCATE FOR R1; V/O DATED 19.02.2025 NOTICE TO R2 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2023 PASSED IN MVC NO.2742/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2894/2024 BETWEEN: 1. SRI. ROHIT J S/O JAIKANTH P AGED ABOUT 23 YEARS RESIDING AT NO 20, 14TH CROSS,GIDDAMMA LAYOUT, A NARAYANAPURA AKASH NAGAR, DOORAVANINAGAR, BENGALURU - 560016. ...APPELLANT (BY SRI. GURUDEV PRASAD K T, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 AND: 1. THE NEW INDIA ASSURANCE CO LTD., BY ITS MANAGER,MOTOR CLAIMS HUB, NO 09,2ND FLOOR,MAHALAKSHMI CHAMBERS, M G ROAD, BENGALURU - 560 001. 2. SRI PARVEEZ AHMED S/O ABDUL SUBHAN R/AT NO 113, 10TH CROSS, 1ST CROSS,RDJC LAYOUT, DEVASANDRA, K R PURAM, BENGALURU - 560 036. ...RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI,ADVOCATE FOR R1; V/O. DATED 18.02.2025 NOTICE TO R2 D/W) THIS MFA IS FILED U/S.173(1) OF MV AC, AGAINST THE JUDGMENT AND AWARD DT.27.01.2023 PASSED IN MVC NO.2743/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, XXIV ACMM, MAYO HALL UNIT, BENGALURU, (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS ARE COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.2807/2024 is filed by the appellants seeking enhancement of compensation in respect of death of - 4 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 Shivanarayana K in a road traffic accident occurred on 11.05.2022. 2. Both the appeals are filed against the judgment and award dated 27.01.2023 passed in MVC Nos.2743/2022 and 2742/2022 by the Motor Accidents Claims Tribunal & V Additional Judge (SCCH-20), Mayohall Unit, Bangalore. 3. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 4. Heard the arguments of learned counsel for respondent No.1 and learned counsel for the appellants. 5. Brief facts of the case are that, Sri. Shivanarayana K, met with an accident on 11.05.2022. His parents filed claim application claiming compensation. The Tribunal considering the entire evidence on record granted Rs.23,41,000/- with interest at the rate of 6% p.a. from the date of petition till the date of - 5 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 realisation. Aggrieved by the said order, this appeal is filed. 6. It is contended that the Shivanarayana K, was a student at Indo Asian College pursuing BCA course and working at Big Basket and earning Rs.15,000/- p.m. Due to his untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.1 and the policy was in force. However, his monthly income has been wrongly assessed. It is submitted that the Shivanaryana K was a student and working in Big Basket and earning Rs.15,000/- per month. Therefore, the appellants have requested for enhancement of compensation. 7. Shivanarayana K was aged 21 years and the multiplier is to be taken as ‘18’. Though the appellants have stated that the deceased was earning Rs.15,000/- per month, they have not filed a single document to prove his income. Since the accident occurred on 11.05.2022, - 6 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 this Court finds it reasonable to take his notional income as Rs.15,500/- per month, as per the guidelines issued by Karnataka State Legal Services Authority. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 40% is to be added towards future prospectus and as per the guidelines of the Hon’ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation2, 50% is to be deducted towards personal expenses. Accordingly, the 'loss of dependency' come to Rs.23,43,600/- (15,500 + 40% - 50% X 12 X 18). Petitioner Nos.1 and 2 being the parents of deceased, is entitled to Rs.44,000/- each under the head 'loss of filial consortium' for the loss of his grown-up son. Apart from that, the appellants are also entitled for Rs.33,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 7 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 8. Thus in all, components awarded by this Court are as below, 9. Compensation is enhanced from Rs.23,41,000/- to Rs.24,64,600/- and the enhanced compensation is Rs.1,23,600/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal. 10. MFA No.2894/2024 is filed by the appellant claiming enhancement of compensation towards injuries sustained by him in a road traffic accident occurred on 11.05.2022. Particulars Amount in Rs. Loss of dependency 23,43,600.00 Loss of consortium 44,000.00 Loss of filial consortium 44,000.00 Conventional heads 33,000.00 Total 24,64,600.00 - 8 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 11. The claimant Rohit J met with an accident on 11.05.2022 and filed claim petition claiming compensation towards injuries sustained by him. The Tribunal considering the evidence on record granted compensation of ₹1,21,000/- along with interest at 6% p.a. from the date of petition till the date of deposit of the amount in the Tribunal. Aggrieved by the said order, this instant appeal is preferred in which he mainly contended that appellant- claimant was admitted in the hospital for 04 days and took treatment. The appellant-claimant was working in Big Basket and earning ₹10,000/- per month and he was unable to do work due to the injuries sustained in the accident. Further, it is observed that Ex.P21 is the wound certificate and Ex.P22 is the discharge summary. As per the said documents, he was admitted in the hospital and advised to take complete bed rest for a period of one month and treated conservatively and spent Rs.67,732/- towards medical expenses. Though the appellant stated that he require surgery for removal of - 9 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 implants and there is no evidence or document to show that he was unable to attend to his normal day-today activities and the Tribunal has not awarded any amount under this head. Further, the appellant has undergone surgery and implants were inserted. Lastly, he contends that amounts granted by the Tribunal under other heads are meager and therefore, requested for enhancement of compensation. 12. Heard the arguments advanced by the learned counsel for appellant and learned counsel for respondent - Insurance Company. 13. The petitioner is working at Big Basket and earning ₹10,000/- per month. But he has not filed any document to prove the same. Further, as per the discharge summary, the appellant was treated conservatively for a period of 4 days and there is no evidence to show that he was unable to attend to his day- today activities and the Tribunal has rightly considered this - 10 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 aspect and no amount granted under the head loss of future earning and this Court finds no reason to interfere with the same. 14. It is contended by the learned counsel for the appellant that the appellant-claimant incurred ₹ 67,732/- towards medical expenses and the Tribunal rightly verified all the bills and granted the said towards medical expenses. Therefore, the same needs no interference. Considering the nature of injuries sustained, hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of ₹25,000/- towards pain and suffering, ₹10,000/- towards loss of amenities ₹10,000/- towards transportation, special diet and attendant charges. Further, the Tribunal has rightly granted an amount of Rs.14,750/- towards loss of income during laid up period and this Court finds no reason to interfere the same since the appellant has not examined the doctor who has treated him. - 11 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 15. Thus in all, components awarded by this Court are as below, 16. Compensation is enhanced from Rs.1,21,000/- to ₹1,27,482/- and the enhanced compensation is ₹6,482/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal. 17. In the result, the following order is passed: ORDER i. The appeals in MFA No.2807/2024 and MFA No.2894/2024 are allowed in part. Particulars Amount in Rs. Medical expenses 67,732.00 Pain and suffering 25,000.00 Loss of amenities 10,000.00 Transportation, special diet and attendant charges 10,000.00 Loss of income during laid up period 14,750.00 Total 1,27,482.00 - 12 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 ii. The common judgment and award dated 27.01.2023 passed in MVC Nos.2742/2022 and 2743/2022, by the Motor Accident Claims Tribunal & V Additional Judge (SCCH-20), Mayohall Unit, Bangalore, is modified; iii. Therefore, respondent No.1 is directed to deposit the enhanced compensation of Rs.1,23,600/- in MFA No.2807/2024 and Rs.6,482/- in MFA No.2894/2024 with interest at the rate of 6% per annum within one month from the date of this order and iv. Further, the appellants are not entitled for interest for the delay period of 349 days as per order dated 16.03.2026. v. On such deposit, In MFA No.2807/2024,appellant No.2/mother of the deceased alone is permitted to - 13 - HC-KAR NC: 2026:KHC:15506 MFA No. 2807 of 2024 C/W MFA No. 2894 of 2024 withdraw the entire compensation with interest accrued on it and similarly in MFA No.2894/2024, the appellant is permitted to withdraw the entire compensation with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 46