- 1 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO. 4352 OF 2023 (MV-D) BETWEEN: SRI. MAHENDRA. K. N. S/O LATE. NARAYANAPPA, AGED ABOUT 34 YEARSA, R/AT HALEHURU VILLAGE, HULIYURUDURGA, TUMKUR DISTRICT. KARNATAKA. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADV.) AND: 1. THE REGIONAL MANAGER M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.68, 2ND FLOOR, SVR PLAZA, HOSUR ROAD, MADIWALA, BENGALURU. (POLICY NO.3001/1-22116970/00/000 VALID FROM 22/11/2013 TO 22/11/2014 OF NEW AUDI (Q7) CAR). 2. MANAGING DIRECTOR, M/S. THIASOHOLA PLANTATIONS PVT., Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 LTD., NO. 4/1, TUMKUR ROAD, YESHWANTHAPURA, BENGALURU – 560022, SHIVAMOGGA DISTRICT. 3. THE GENERAL MANAGER M/S. IFFCO TOKIO GENERAL INSURANCE CO., LTD., NO.141, SRI SHANTHI TOWERS, 4TH FLOOR, 3RD MAIN EAST, NFEF LAYOUT, KASTURINAGAR, BENGALURU. (POLICE NO.88446632 VALID FROM 27/12/2013 TO 26/12/2014 INSURANCE OF MARUTHI RITS CAR BEARING REG. NO.KA-05-MP-2089). 4. SMT. MANASA B.L. W/O MOHAMMED MUSLAFA A., R/AT NO. C-008, PIONEER PARADISE, 24TH MAIN ROAD, J.P. NAGAR, 7TH PHASE, BENGALURU- 560078. …RESPONDENTS (BY SRI. KRISHNA KISHORE S., ADV. FOR R1 SRI B.C. SHIVANNEGOWDA, ADV. FOR R3 NOTICE TO R2 & R4 D/W) THIS APPEAL FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.08.2022 PASSED IN MVC NO.1778/2015 ON THE FILE OF THE COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-24), C/C. XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Claimant, son of the deceased mother by name Late Smt. Yashodamma is before this Court not being satisfied with the quantum of compensation awarded under Judgment and Award dated 23.08.2022 in MVC No. 1778/2015 on the file of MACT and Court of Small Causes c/c XXII Additional Small Causes Judge and ACMM, Member-MACT, Bengaluru (CCH-24), with a prayer to enhance the compensation. 2. The brief facts of the case are that: The claimant, son of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the accidental death of mother Smt. Yashodamma in a road traffic accident that took place on 05.08.2014 involving Audi(Q7) car bearing - 4 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 Registration No.KA-02-MH-3776 and Maruthi Ritz car bearing Registration No.KA-05-MP-2089. It is stated that deceased was aged 50 years and was earning a sum of Rs.30,000/- per month by running provision store. Further, it is stated that the claimant was totally dependent on the income of the deceased mother. On appearance, the respondent-insurers of the respective cars filed their objections denying the claim petition averments. Further, it is stated that charge sheet is filed against both the drivers of the car and negligence is attributed to the drivers of both the cars involved in the accident. It is also contented by the respective-Insurance Company that the drivers of the vehicles had no valid and effective driving license as on the date of accident. Thus, they prayed for dismissal of the claimant petition. In respect of the same accident, two other claim petitions were clubbed together and a common judgment was passed. The claimant in MVC No.1778/2015 examined himself as PW1 and got marked Exhibits P1 to P18. The - 5 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 claimant in MVC No.1779/2015 examined herself as PW2, apart from examining the doctor as PW3. The Tribunal on appreciation of the material on record, awarded a total compensation of Rs. 9,02,900/- along with interest at the rate of 6% per annum. While awarding the above compensation, the Tribunal assessed the income of the deceased notionally at Rs.8,500/- per month, added 25% of the assessed income towards Future Prospects, deducted 50% towards the Personal and Living Expenses of the deceased and adopted multiplier of ‘13’. The claimant not being satisfied with the quantum of compensation awarded is before this Court. 3. Heard Sri. Naik Krishna Venkataraman, learned counsel appearing for the appellant, Sri. Krishna Kishore S, learned counsel for respondent No.1 and Sri. B C Shivanne Gowda, learned counsel appearing for respondent No.3. Perused the entire material on record. - 6 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 4. Learned counsel for the claimant would submit that the income of the deceased as assessed by the Tribunal at Rs.8,500/- per month is on the lower side. He submits that the deceased was running a provision store and was earning a sum of Rs.30,000/- per month. Learned counsel would invite attention of this Court to Ex.P9 - certified copy of certificate issued by the Grama Panchayath to confirm that the deceased was running a provision store. Thus, learned counsel would submit the Tribunal without taking into consideration Ex.D9, assessed the income of the deceased notionally, which according to him is erroneous and requires reassessment of income of the deceased. Thus, learned counsel for the appellant- claimant would pray for enhancing the compensation. 5. Learned counsel Sri.Krishna Kishore and Sri.Shivannegowda, learned advocates appearing for respondent Nos.1 and 3 – Insurance Company would submit that the compensation awarded by the Tribunal is just, which needs no interference. Further, learned counsel - 7 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 would submit that no material is placed on record to establish the income of the deceased and in the absence of the material to establish income, the Tribunal is justified in assessing the income of the deceased notionally, taking note of the Income Chart prepared by the Karnataka State Legal Services Authority. Thus, they pray for dismissal of the appeal. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire material on record, the only point which falls for our consideration is as follows: “Whether the appellant-claimant would be entitled for enhancement of compensation?” 7. Our answer to the above question would be partly affirmative and the claimant would be entitled for enhancement of 20% of the compensation awarded under the head of Parental Consortium. The accident that occurred on 05.08.2014 involving Audi(Q7) car bearing Registration No.KA-02-MH-3776 and Maruthi Ritz car - 8 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 bearing Registration No.KA-05-MP-2089 and the accidental death of mother of the claimant i.e., Smt.Yashodamma is not in dispute in this appeal. The claimant is before this Court praying for enhancement of compensation. 8. The claimant stated that the deceased mother was running a provision store, earning a sum of Rs.30,000/- per month. To support that, Ex.P9-Certificate issued by the Grama Panchayath is placed on record. However, no material whatsoever is placed on record to establish the income of the deceased. Ex.P9-Certificate issued by the Grama Panchayath is to the effect that the deceased was running a provision store. However, no license issued by the Grama Panchayath to run provision store is placed on record. In the absence of any material to establish that the claimant was running a provision store by obtaining license and since, no material is placed on record to establish the income, the Tribunal is justified in assessing the notional income of the deceased at Rs.8,500/- per month taking note of the Chart prepared by - 9 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 the Karnataka State Legal Services Authority for the year 2014. The same needs no interference. 9. The same needs no interference. 9. The deceased was aged 50 years and the Tribunal has rightly added 25% of the assessed income towards Future Prospects and rightly deducted 50% of the income towards Personal and Living Expenses, since the claimant was the sole dependent and rightly adopted multiplier of ‘13’. The Tribunal awarded a sum of Rs.40,000/- towards Parental Consortium. However, the Tribunal has failed to award enhancement at the rate of 10% on the consortium for every 3 years. Thus, the claimant would be entitled for increase of 30% for 9 years at the rate of 10% every 3 years. Thus, the claimant would be entitled for a sum of Rs.12,000/- in addition to Rs.40,000/- that has been already awarded by the Tribunal on the head of Parental Consortium. Thus the enhanced compensation of - 10 - HC-KAR NC: 2026:KHC:9669-DB MFA No. 4352 of 2023 Rs.12,000/- shall be deposited within 6 weeks by Respondent Nos. 1 and 3. Ordered accordingly and the appeal stands partly allowed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 1 Sl No.: 0