- 1 - HC-KAR NC: 2026:KHC:8127 MFA No. 5988 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5988 OF 2025 (MV-D) BETWEEN: 1. SMT. BHAGYALAKSHMI T W/O LATE GURU PRASHANTH AGED ABOUT 35 YEARS, 2. KUM.MOULYA.G D/O LATE GURU PRRASHANTH AGED ABOUT 13 YEARS, 3. KUM.GUNASHREE.G D/O LATE GURU PRRASHANTH AGED ABOUT 07 YEARS, APELLANTS 2 AND 3 ARE MINORS REPRESENTED THROUGH HER NATURAL GURDIAN MOTHER SMT.BHAGYALAKSHMI T. ALL ARE RESIDING AT HOUSE NO.87, 7TH CROSS L.N.PURAM, BANGALORE NORTH SRIRAMPURAM, BANGALORE - 560 021. 4. SMT. PARVATHAMMA K W/O HOMBAIAH URF PUTTAIAH AGED ABOUT 59 YEARS, R/AT 00 KODAVATHHI AT POST Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8127 MFA No. 5988 of 2025 HULIYUR DURGA HOBLI, KUNIGAL TALUK, KODAVATHI, TUMKUR, KARNATAKA - 572 123. …APPELLANTS (BY SRI. GURUDEVA PRASAD K.T, ADVOCATE) AND: 1. SRI. RAVI KIRAN G.H, S/O HONNAIAH AGED ABOUT 40 YEARS R/AT GIDADASANAKOPPALU HULIKERE, MANDYA KARNATAKA - 571 405. 2. THE REGIONAL MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., NO.25/1, 2ND FLOOR, BUILDING NO.02, SHANKARANARAYANA BUILDING NO.01, M.G.ROAD BANGALORE - 560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 13.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 13.09.2024 PASSED IN MVC NO. 79/2023 ON THE FILE OF THE VIII ADDITIONAL JUDGE AND COURT OF SMALL CAUSE AND ACJM, BENGALURU SCCH-5, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:8127 MFA No. 5988 of 2025 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the award of the Tribunal in M.V.C.No.79/2023 dated 13.09.2024. Guru Prashanth met with an accident on 06.12.2022 and his wife, children and mother filed claim petition claiming compensation of Rs.1,00,00,000/-. Tribunal after considering the entire evidence on record, has granted an amount of Rs.28,97,660/- with interest at the rate of 6% per annum from date of petition till its realization. 3. Aggrieved by the said award, they preferred an appeal and mainly contended that he was aged 39 years working as an auto driver and earning Rs.30,000/- per month. But the Tribunal erred in taking his income as Rs.14,750/-. The Tribunal has not granted any amount under the conventional heads. The amounts granted by the other heads is not proper and interest is to be granted at the rate of 12%. - 4 - HC-KAR NC: 2026:KHC:8127 MFA No. 5988 of 2025 4. Though it is stated that Guru Prashanth was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 39 years as per Exhibit-P12. Hence, the multiplier is '15'. He is entitled for 40% towards 'future prospects' and 1/4th is to be deducted towards 'personal expenses'. Therefore, the 'loss of dependency' comes to Rs.29,29,500/- (Rs.15,500 + 40% x 12 x 15 x 3/4). First petitioner is entitled for Rs.44,000/- towards 'spousal consortium'. Petitioner Nos. 2 and 3 are entitled for Rs.44,000/- each of them towards 'parental consortium' and fourth petitioner is entitled for Rs.44,000/- towards 'filial consortium' and all of them are entitled for Rs.33,000/- under the 'conventional heads'. The total compensation comes to Rs.31,38,500/-. Therefore, the claimants are entitled for - 5 - HC-KAR NC: 2026:KHC:8127 MFA No. 5988 of 2025 enhanced compensation of Rs.2,40,840/-(Rs.31,38,500 - Rs.28,97,660) 5. The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation amount of Rs.2,40,840/- with interest at the rate of 6% from the date of this order. On such deposit, the first petitioner wife of the deceased alone is permitted to withdraw the said amount along the interest accrued on it. The appellants-claimants are not entitled for interest for the delayed period of 229 days as per the order on I.A.No.1/2025 dated 10.02.2026 Accordingly, the appeal is allowed-in-part. Sd/- (P SREE SUDHA) JUDGE KA List No.: 1 Sl No.: 29