- 1 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.8295/2019 (MV-D) BETWEEN: THERTHAPPA S/O CHANDAPPA AGED ABOUT 63 YEARS R/O. TADASA VILLAGE AGARADAHALLI POST BHADRAVATHI TALUK-577301 SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. K.V. SATEESHCHANDRA, ADV.,) AND: 1. SHREYAS KUMAR K.A. S/O KOTRESHAPPA G.A. AGED ABOUT 26 YEARS R/O "SRI KOTTURESHWARA NILAYA WARD NO.27, 2ND CROSS MANJUNATHA EXTENSION SHIVAMOGGA-577201. 2. THE AUTHORIZED SIGNATORY INDUS IND GENERAL INSURANCE CO LTD NO.28, EAST WING, 5TH FLOOR CENTENARY BUILDING, M G ROAD BANGALORE-560001 (AMENDED BY PETITIONER ADVOCATE) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 3. MALLESHAPPA S/O LATE KRISHNAPPA AGED ABOUT 37 YEARS R/O BIDARE VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA-577201. 4. SMT. SHRUTHI W/O RAVI G.R. AGED ABOUT 28 YEARS R/O KEMPAIAHNA TOKKALU VILLAGE CHANNAKESHWARA POST CHENNAGIRI TALUK DAVANAGERE-577231. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY N.A. ADV., FOR SRI. H.C. BETSUR, ADV., FOR R2 NOTICE TO R3 IS H/S NOTICE TO R1 IS D/W) - - - THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.03.2019 PASSED IN MVC NO.35/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-12, BHADRAVATHI, 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 MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 07.03.2019 passed in M.V.C.No.35/2014 by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal-12, Bhadravathi (for short, 'the Tribunal'). 2. Heard Sri.K.V.Sateeshchandra, learned counsel for the appellants and Sri.Mallikarjun Reddy N.A., learned counsel appearing for Sri.H.C.Betsur, learned counsel for the respondent No.2. 3. The parents of the deceased filed a claim petition under 166 of the Motor Vehicles Act, 1966, claiming compensation of Rs.35,85,000/- for the death of deceased Nagaraj in a road traffic accident dated 29.03.2013. The material on record indicates that the deceased was aged about 14 years at the time of accident. It is not in dispute that the accident is caused due to the actionable negligence on the part of the vehicle insured with the respondent No.2-Insurance Company. In order to prove the claim, the claimant No.1 examined herself as PW-1, examined another witness as PW-2 - 4 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 and got marked Exs.P1 to P12. The defendants examined RW- 1 to RW-3 and got marked Exs.R1 to R14. The Tribunal, considering the oral and documentary evidence, awarded Rs.2,95,000/- with interest at 7% p.a. 4. It is to be noticed that the Hon'ble Supreme Court, in the recent decision in the case of HITESH NAGJIBHAI PATEL Vs. BABABHAI NAGJIBHAI RABARI AND ANOTHER1 held that the High Court as well as the Tribunal is required to award compensation in the case of death of a minor by calculating the compensation by considering minimum wages payable to the skilled worker of the respective State. 5. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court and also by considering the notional income chart prepared by Karnataka State Legal Services Authority, the notional income of the deceased is re-assessed at Rs.8,000/- p.m. The deceased was aged about 14 years. Hence, there should be an addition of 40% under the head of loss of future prospects of the deceased. The appropriate multiplier would be 18 and deduction would be 50% towards 1 2025 ACJ 1986 - 5 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 the personal and living expenses. Hence, loss of dependency is assessed as under: 8,000 + 40% x 12 x 18 - 50% = Rs.12,09,600/- 6. The appellant is entitled to the compensation under the head of loss of consortium at Rs.40,000/- plus 10% escalation which would be Rs.44,000/-. The appellant is also entitled to the compensation under the head of loss of estate at Rs.16,500/- which includes 10% escalation and the compensation towards transportation of dead body and funeral expenses at Rs.16,500/- which includes 10% escalation. Thus, the appellant would be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Loss of dependency 12,09,600 Loss of consortium 44,000 Loss of estate 16,500 Transportation of dead body and funeral expenses 16,500 TOTAL 12,86,600 Thus, the appellant shall be entitled to a total compensation of Rs.12,86,600/- as against Rs.2,95,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 7. The learned counsel for the appellant and the learned counsel for the respondent No.2 submits that name of the respondent No.2 is changed as Indus-Ind General Insurance Company Limited. 8. In view of the said submission, the petitioner is permitted to make necessary corrections in the cause title. 9. The direction of the Tribunal with regard to pay and recovery is unaltered. 10. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed-in-part. b) The impugned judgment and award dated 07.03.2019 passed by the Tribunal in M.V.C.No.35/2014 is modified to an extent that the appellant would be entitled to the total compensation of Rs.12,86,600/- as against Rs.2,95,000/- awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:23431 M.F.A. No.8295/2019 c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization excluding the interest for the delayed period of 101 days as per the order dated 15.07.2025. d) The respondent No.2-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal and express liberty is reserved to recover the same from the respondent No.1. e) The aforesaid deposit shall be made within a period of six weeks from the date of receipt of the certified copy of this judgment. f) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 38