- 1 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6078 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 8440 OF 2024 (MV-D) IN MFA No. 6078/2024 BETWEEN: THE NATIONAL INSURANCE COMPANY LTD MOTOR CLAIMS HUB, NO.144, 2ND FLOOR, SHUBHARAM COMPLEX, M G ROAD, BANGALORE, NOW REPTD BY ITS REGIONAL MANAGER M/S NATIONAL INSURANCE CO LTD REGIONAL OFFICE, SHUBHARAM COMPLEX, 2ND FLOOR, NO. 144 M G ROAD, BANGALORE-560001. …APPELLANT (BY SRI. SHANKARA REDDY C., ADVOCATE) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 AND: 1. SRI E ASHOK S/O E MURUGAN, AGED ABOUT 37 YEARS, 2. SMT E SHOBHA W/O E ASHOK, AGED ABOUT 35 YEARS, RESPONDENT No.1 & 2 ARE R/AT NO.3-36A, K K CROSS, BALASAMUDRAM MANDAL, ANTHAPURA DISTRICT ANDRA PRADESH-515571 3. SMT BHASKAR BABU RAMANI W/O S BHASKAR BABU, MAJOR, R/AT NO.4-1126/3 SRINAGAR COLONY, GREAMSPET, CHITOOR TOWN, ANDRA PRADESH. …RESPONDENTS (BY SRI. KAILAS SHANKAR P S., ADVOCATE FOR R1 & R2, V/O DTD. 12.12.2024 NOTICE TO R3 IS D/W) - 3 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.07.2024 PASSED IN MVC NO.3064/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU AWARDING COMPENSATION OF RS.17,95,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION IN TIME AND ETC., IN MFA NO. 8440/2024 BETWEEN: 1. SRI E ASHOK S/O. E. MURUGAN, AGED ABOUT 37 YEARS, 2. SMT. E. SHOBA, W/O. E. ASHOK, AGED ABOUT 35 YEARS R/AT NO. 3-36A, K.K. CROSS, BALASAMUDRAM MANDAL, ANANTHAPUR DISTRICT, ANDRA PRADESH-515571 ...APPELLANTS (BY SRI. KAILAS SHANKAR P S., ADVOCATE) AND: 1. SMT BHASKAR BANU RAMANI W/O. S. BHASKAR BABU, - 4 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 MAJOR, R/O. NO.4-1126/3, SRINAGAR COLONY GREAMSPET, CHITTOOR TOWN, ANDRA PRADESH 2. THE MANAGER, THE NATIONAL INSURANCE CO. LTD., MOTOR CLAIMS HUB, NO.144, 2ND FLOOR, SHUBHARAM COMPLEX, M.G. ROAD, BANGALORE-560001 ...RESPONDENTS (BY SRI. C.SHANKARA REDDY, ADVOCATE FOR R2, V/O DTD. 23.10.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED12.07.20204 PASSED IN MVC NO.3064/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATIONBARRED BY TIME, AND ETC., THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the sides. 2. These appeals are filed against the judgment and award passed in M.V.C.No.3064/2022 dated 12.07.2024 by the Court of Small Causes, Member Prl. Motor Accident Claims Tribunal at Bengaluru. 3. The deceased E-Chaithanya, aged 15 years has met with an accident on 15.05.2022 and subsequently, his parents filed a claim petition claiming compensation of 25,00,000/-. The Tribunal after considering the facts and circumstance and evidence on record, has awarded the compensation of Rs.17,95,000/- along with interest at the rate of 6% p.a., from the date of the petition till realization. 4. Aggrieved by the said order, the Insurance company preferred appeal in MFA.No.6078/2024 and - 6 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 mainly contented that the deceased was studying in 9th Standards. The Tribunal considered his notional income as Rs.15,500/- as he was a minor and non-earning member. The Tribunal ought to have granted Rs.5,00,000/- towards loss of dependency relying on the case of KISHAN GOPAL AND ANOTHER VS. LALA AND OTHERS reported in 2013 AIR SCW 5037 and the huge amounts are granted under the other heads. The compensation granted is on higher side and thus, the Insurance Company requested for reduction of the same. 5. Against the same judgment and award, the claimants also filed MFA.No.8440/2024 and they contended that future prospects of 40% is not considered by the Tribunal while calculating the loss of dependency and interest granted at the rate of 6% is on lesser side. Thus, they requested for enhancement of the compensation. - 7 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 6. The deceased E. Chaithanya was aged 15 years. He met with an accident on 15.05.2022. As there is no income proof, his notional income was rightly considered by the Tribunal as Rs.15,500/- as per the chart prepared by the Karnataka State Legal Services Authority. As he was aged 15 years, the multiplier is to be taken as ‘18’. He is entitled for the future prospects at 40%, as he was a bachelor, 50% is to be deducted towards his personal expenses, then towards ‘loss of dependency’ it would come to an amount of Rs.23,43,600/- (15,500 + 40% X 12 X 18-50%). 7. Parents are entitled for ‘consortium’ of Rs.44,000/- by each of them i.e., Rs.88,000/- (Rs.44,000/- X 2) and Rs.33,000/- under ‘the conventional heads’. 8. Thus, in all, compensation awarded by this Court is as below: - 8 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 9. The Tribunal has awarded the compensation of Rs.17,95,000/-. Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.6,69,600/- (Rs.24,64,600/- – Rs.17,95,000/-). 10. In the result, the following order is passed: ORDER i. The appeal in MFA.No.6078/2024 is dismissed. ii. The appeal in MFA.No.8440/2024 is allowed in part. iii. The judgment and award dated 29.09.2023 passed in M.V.C.No.3064/2022 dated 12.07.2024 by the Court of Small Causes, Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,43,600/- 2 Towards loss of consortium 88,000/- 3 Towards conventional heads 33,000/- Total 24,64,600/- - 9 - HC-KAR NC: 2026:KHC:13380 MFA No. 6078 of 2024 C/W MFA No. 8440 of 2024 Member Prl. Motor Accident Claims Tribunal at Bengaluru, is modified. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.6,69,600/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioners/claimants are permitted to withdraw the entire amount equally along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SSB