- 1 - HC-KAR NC: 2026:KHC:15235 MFA No. 1097 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1097 OF 2024 (MV-D) BETWEEN: 1. JAYALAKSHMI, W/O LATE GOPAL.D @ GOPALIAH, AGED ABOUT 50 YEARS. 2. SOWMYA D G, D/O LATE GOPAL.D @ GOPALIAH, AGED ABOUT 30 YEARS. 3. MADHU D G, S/O LATE GOPAL.D @ GOPALIAH, AGED ABOUT 32 YEARS, ALL ARE R/O DODDAMANDIGANAHALLY VILLAGE, KASABA HOBLI, HASSAN TALUK HASSAN - 573 201. …APPELLANTS (BY SRI. KAVITHA H C., ADVOCATE) AND: 1. SMT. KURSHIDH, W/O SHEKABBA, HOUSE NO.305, 2ND BLOCK, KATIPALLA, SURATHKAL, MANGALORE CITY, SOUTH CANARA DISTRICT, (OWNER OF CAR BEARING REG. NO.KA-19-MD-9097) 2. THE MANAGER, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15235 MFA No. 1097 of 2024 SBI GENERAL INSURANCE CO. LTD., 301, JUNCTION OFF WESTERN EXPRESS, HIGH WAY AND ANDERI KURAL ROAD, ANDERI (EAST) MUMBAI - 400 069. (POLICE NO. PBMC000000060235 VALID FROM 18/04/2021 TO 17/04/2022) …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N A., ADVOCATE FOR SRI. B PRADEEP., ADVOCATE FOR R2; V/O/D 09.01.2026, NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.12.2023 PASSED IN MVC NO.14/2022 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN, 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 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 08.12.2023 passed in MVC No.14/2022 on the file of the III Additional District and Sessions Judge and Member Additional MACT, Hassan, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:15235 MFA No. 1097 of 2024 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. Brief facts of the case are that, one Gopal D @ Gopalaiah, met with an accident on 06.08.2021 and succumbed to the injuries. His wife and children filed claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.4,17,040/- with interest at the rate of 6% per annum from the date of petition till the date of realization. 4. Being aggrieved by the said order, the claimants have preferred this appeal and mainly contended that the Gopal D @ Gopalaiah, was doing coolie work and also petty business, earning Rs.30,000/- per month. But the Tribunal has taken the income as Rs.8,000/-, which is on the lower side and the deduction of 1/3rd towards personal expenses is on the higher side. The amounts granted under the other heads are meagre. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:15235 MFA No. 1097 of 2024 5. Though it is stated that Gopal D @ Gopalaiah was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per moth, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 68 years and the applicable multiplier is ‘5’. 1/3rd is to be deducted towards personal expenses as per the guidelines laid down by the Hon’ble Apex Court in Sarla Verma Vs. Delhi Transport Corporation1 and the Tribunal has rightly directed the said deduction. Since the deceased was more than 60 years of age, he is not entitled to future prospects. Accordingly, the loss of dependency comes to Rs.6,00,000/- (15,000 × 12 × 5 − 1/3). Petitioner No.1 is the wife of the deceased, is entitled to Rs.44,000/- towards spousal consortium. Petitioner Nos.2 and 3 are entitled to Rs.44,000/- each towards parental consortium. They are also entitled to Rs.33,000/- towards conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 1 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2026:KHC:15235 MFA No. 1097 of 2024 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.7,65,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 08.12.2023 passed in MVC No.14/2022 on the file of the III Additional District and Sessions Judge and Member Additional MACT, Hassan, is modified. iii. The claimants are entitled to a sum of Rs.7,65,000/- along with interest at 6% p.a., Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 6,00,000/- 2 Towards spousal consortium 44,000/- 3 Towards parental consortium (Rs.44,000/- each to petitioner Nos.2 and 3) 88,000/- 3 Towards conventional heads 33,000/- Total 7,65,000/- - 6 - HC-KAR NC: 2026:KHC:15235 MFA No. 1097 of 2024 from the date of petition till the date of realization, instead of Rs.4,17,040/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.3,47,960/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1/wife of the deceased is alone permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA/List No.: 1 Sl No.: 5