- 1 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 100 OF 2025 (MV-D) BETWEEN: 1. SMT. SAKAMMA W/O. G. H. MANJAPPA, AGED ABOUT 44 YEARS 2. SRI. G. H. MANJAPPA S/O. HANUMANTHAPPA, AGED ABOUT 50 YEARS 3. SRI. RAJESH S/O. G. H. MANJAPPA, AGED ABOUT 26 YEARS 4. SRI. AVINASH S/O. G. H. MANJAPPA, AGED ABOUT 23 YEARS 5. SMT. AKAMMA D/O. G. H. MANJAPPA, AGED ABOUT 21 YEARS ALL ARE R/O. MAYAKONDA VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 534. …APPELLANTS (BY SRI. V B SIDDARAMAIAH, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 AND: 1. SRI. RANGAPPA C S/O. LATE. CHANNAPPA AGED ABOUT 47 YEARS R/O. MUDEGERE VILLAGE CHANNAGIRI TALUK, DAVANAGERE DISTRICT NOW R/O. HANDANURU CHITRADURGA DISTRICT - 577 501. 2. SRI. MAHADEVAPPA. S. M. S/O. MUGAPPA, AGED ABOUT 69 YEARS, R/O. HAMPANURU VILLAGE - 577 556. CHITRADURGA DISTRICT 3. THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, LAWYER ROAD, K.B. EXTENSION DAVANAGERE - 577 002. …RESPONDENTS (BY SRI. N.A. MALLIKARJUNA REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R3 V/O DT.13.01.2025, NOTICE TO R1 & R2 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2024 PASSED IN MVC NO. 302/2021 ON THE FILE OF THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS MFA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 22.02.2024 passed in MVC No.302/2021 on the file of the Principal Senior Civil Judge and MACT IV Davanagere, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.3/Insurance Company. 3. The ranks of the parties are referred to as per their rankings before the Tribunal for the sake of convenience. 4. Brief facts of the case are that, one Pradeep.H.M S/o Manjappa, met with an accident on - 4 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 07.08.2020 and died subsequently. His parents, brothers and Sister filed a claim petition claiming compensation of Rs.60,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.23,70,265/- with interest at the rate of 6% per annum from the date of petition till realisation. Being aggrieved by the said order, the claimants have preferred this appeal. 5. It is stated that the deceased-Pradeep was doing mason work and earning Rs.20,000/- per month, but the Tribunal has taken his income at Rs.14,000/- and 50% is deducted towards his personal expenses. Though he has five dependants, the loss of dependency calculated is on lower side and thus, prays for enhancement of compensation awarded under the head ‘loss of dependency’. 6. Though it is stated that deceased was earning Rs.20,000/- per month, the claimants have not filed any - 5 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 proof of income. The accident has occurred in the year 2020, as such this Court finds it reasonable to take the notional income of the deceased as Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 19 years at the time of accident and the appropriate multiplier applicable is ‘18’. 7. The claimants are also entitled to addition of 40% towards future prospects. Since the deceased was a bachelor, 50% of the income is to be deducted towards his personal expenses. Accordingly, the loss of dependency is calculated as under: Rs.14,500/- + 40% (Rs.5,800/-) = Rs.20,300/- Rs.20,300/- × 12 × 18 - 50% = Rs.21,92,400/- 8. The Tribunal has granted a sum of Rs.1,58,464/- towards ‘medical expenses, which is just and proper and needs no interference. - 6 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 9. The Petitioner Nos.1 and 2 being parents of the deceased, each of them are entitled for a sum of Rs.44,000/- towards 'filial consortium', which comes to Rs.88,000/-. 10. The claimants are also entitled for Rs.33,000/- under the conventional heads, which comes to Rs.33,000/-. 11. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 21,92,400/- 2 Medical bills 1,58,464/- 3 Towards filial consortium 88,000/- 4 Towards conventional heads 33,000/- Total 24,71,864/- 12. Hence, the appellants-claimants are entitled for a total compensation of Rs.24,71,864/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: - 7 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 22.02.2024 passed in MVC No.302/2021 on the file of the Principal Senior Civil Judge and MACT IV, Davanagere, is modified. iii. The claimants are entitled to a sum of Rs.24,71,864/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,70,265/- granted by the Tribunal. iv Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.1,01,599/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, respondent No.1/mother of the deceased is permitted to withdraw - 8 - HC-KAR NC: 2026:KHC:20414 MFA No. 100 of 2025 the said amount, along with interest accrued on the same. vi. Appellants are not entitled for interest for the delay period of 217 days as per orders in IA No.1/2025. Sd/- (P SREE SUDHA) JUDGE DS CT:VS List No.: 1 Sl No.: 26