- 1 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6550 OF 2025(MV-D) BETWEEN: 1. UMADEVI W/O LATE V.LOKESHAPPA, AGED ABOUT 68 YEARS 2. V.L. SHASHIDHARA S/O LATE V.LOKESHAPPA, AGE 38 YEARS, BOTH ARE AGRICULTURIST R/O KRUSHINAGARA NEAR CHIKKAGONDAHALLY CHITRADURGA TALUK 577 527. 3. V.L. ANURADHA D/O LATE V. LOKESHAPPA W/O S.R.MALLESHAPPA AGE 33 YEARS AGRICULTURIST R/A CHIKKAGONDANAHALLY VILLAGE, CHITRADURGA TALUK 577 527. …APPELLANTS (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. MAHABOOB SAB S/O IMAM SAB AGE MAJOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 DRIVER CAR BEARING NO.KA-17/N-0017, PRESENT ADDRESS OJANAHALLY, KOPPALA TALUK AND DISTRICT PERMANENT ADDRESS HOUSE NO.68/B, T.B.DAM, HOSAPETE TALUK AND DISTRICT 583 201. 2. HUCHHAPPA BOVI S/O YAMUNAPPA BOVI, AGED ABOUT 42 YEARS, BOVI BY CASTE, FARMER R/O TANAKANAKALLU VILLAGE, KOPPALA TALUK, KOPPALA - 583 231. OWNER OF CAR BEARING NO.KA-17/N-0017. 3. NEW INDIA ASSURANCE CO. LTD HOSAPETE BRANCH, 2ND FLOOR, V/45, YALAMANCHILLI COMPLEX, STATION ROAD, HOSAPETE - 573 201. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R3; V/O DATED 13.02.2026 NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.09.2024 PASSED IN MVC NO.1057/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV AT CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 25.09.2024 passed in MVC No.1057/2022, by the I Additional Senior Civil Judge And Additional MACT-IV, Chitradurga (hereinafter referred to as 'the Tribunal'), seeking enhancement of compensation. 3. One V. Lokeshappa met with an accident on 20.12.2019 and died subsequently. His wife and children filed a claim petition claiming compensation of Rs.56,00,000/-. The Tribunal, upon considering of the entire evidence on record, awarded a total compensation of Rs.5,70,000/- with interest of the rate of 6% per annum from rate of petition till deposit. - 4 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 4. Aggrieved by the said award, the claimants have preferred this appeal contending that the deceased- V. Lokeshappa was engaged in agricultural work and earning Rs.50,000/- per month. However, the Tribunal assessed his income at only Rs.14,000/- per month. It is further contended that the compensation awarded under various heads is meager and thus, requested for enhancement of the compensation. 5. Though it is contended that the deceased was earning Rs.50,000/- per month, no documentary evidence has been produced to substantiate the same. The accident occurred in the year 2019. In the absence of proof of income, the Tribunal has rightly taken the notional income at Rs.14,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. 6. The deceased was aged 68 years at the time of the accident and therefore, the applicable multiplier is '5'. Since he was married and survived by his wife and children, one-third of the income is to be deducted - 5 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 towards personal expenses. Accordingly, the loss of dependency is calculated as follows: Rs.14,000/- × 12 × 5 = Rs.8,40,000/- Less 1/3rd towards personal expenses (Rs.8,40,000/- ÷ 3) = Rs.2,80,000/- Therefore, 'loss of dependency = (Rs.8,40,000/- – Rs.2,80,000/-) = Rs.5,60,000/-. 7. The first appellant-wife of the deceased is entitled to Rs.40,000/- towards 'loss of spousal consortium'. Appellant Nos.2 and 3-children of the deceased are entitled to Rs.40,000/- each towards 'parental consortium'. Further, a sum of Rs.30,000/- is awarded under the 'conventional heads'. Thus, the claimants are entitled to the following compensation: Compensation under different heads Amount in (Rs.) Loss of dependency 5,60,000/- Loss of spousal consortium 40,000/- - 6 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 Loss of Parental consortium (40,000X2) 80,000/- Conventional heads 30,000/- Total 7,10,000/- 8. In summary, the appellants/claimants are entitled to a total compensation of Rs.7,10,000/- as against Rs.5,70,000/- awarded by the Tribunal. The enhanced compensation is Rs.1,40,000/-. To this extent, the judgment and award passed by the Tribunal stands modified. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 25.09.2024 passed in MVC No.1057/2022, by the I Additional Senior Civil Judge And Additional MACT-IV, Chitradurga, is hereby modified. iii. The appellants-claimants are entitled to enhanced compensation of Rs.1,40,000/- - 7 - HC-KAR NC: 2026:KHC:9020 MFA No. 6550 of 2025 (Rs.7,10,000/- minus Rs.5,70,000/-) along with interest at the rate of 6% p.a. from the date of petition till realization. iv. Respondent No.3-Insurance Company is directed to deposit the enhanced compensation of Rs.1,40,000/- with interest at 6% per annum within one month from the date of receipt of a certified copy of this order. v. On such deposit, the first appellant/wife of the deceased is alone permitted to withdraw the enhanced compensation amount with accrued interest. vi. Appellants/claimants are not entitled to interest for the period of 249 days as per dated 13.02.2026 in I.A.No.1/2025. Sd/- (P SREE SUDHA) JUDGE TMP/List No.: 1 Sl No.: 12