- 1 - HC-KAR NC: 2026:KHC:7338 MFA No. 3134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3134 OF 2025 (MV-D) BETWEEN: 1. SMT. MAHADEVAMMA, W/O. LATE GOOLIGOWDA, AGED ABOUT 60 YEARS, 2. SRI. SIDDARAJU, S/O. LATE GOOLIGOWDA, AGED ABOUT 37 YEARS, BOTH ARE R/AT SAMANDIPURA VILLAGE, VIRUPAKSHIPURA HOBLI, IGGALUR, CHANNAPATNA TALUK, RAMANAGARA - 562 138. 3. SMT. SUDHAMANI, W/O. NAGEGOWDA, AGED ABOUT 49 YEARS, R/AT. NO.76, ANKANAHALLI, NIDAGHATTA, KANDHEGALA, MALAVALLI TQ, MANDYA - 571 430. 4. SMT. SUNEETHA, W/O. EREGOWDA, AGED ABOUT 37 YEARS, SAAGYA, NITTOOR, HALASAHALLI, MALAVALLI TQ, MANDYA - 571 430. 5. SMT. RATHNAMMA, W/O. RAMESH, AGED ABOUT 35 YEARS, #38, HUNCHEGOWDANADODDI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7338 MFA No. 3134 of 2025 HUSKOOR, MALAVALLI TQ, MANDYA - 571 430. …APPELLANTS (BY SRI. N R RANGEGOWDA, ADVOCATE) AND: 1. RAVI. S S/O. K KRISHNEGOWDA, AGED MAJOR, R/AT NO.10, 3RD FLOOR, NEAR GANESHA TEMPLE, BELLANDUR, SARJAPUR ROAD, BANGALORE - 560 103. 2. TATA AIG GENERAL INSURANCE CO. LTD.,REP BY ITS MANAGER, NO.69, 3RD FLOOR, J.P. AND DEVI JAMBUKESHWARA ARCADE, MILLERS ROAD, BANGALORE - 560 052. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R-2; V/O/D 06.02.2026 NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.11.2023 PASSED IN MVC NO.2936/2021 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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:7338 MFA No. 3134 of 2025 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 07.11.2023 passed in MVC No.2936/2021, by Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-4), for enhancing the compensation. 2. Heard the arguments of learned counsel for respondent No.2 and learned counsel for the appellants. 3. Brief facts of the case are that, Sri. Gooligowda, met with an accident on 10.04.2021. His wife and children filed claim application claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted Rs.7,79,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. - 4 - HC-KAR NC: 2026:KHC:7338 MFA No. 3134 of 2025 4. It is contended that the deceased-Gooligowda, was earning Rs.25,000/- p.m. Due to his untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.2 and the policy was in force. However, his monthly income has been wrongly assessed. It is submitted that the deceased Gooligowda was working as agriculturist and earning Rs.25,000/- per month. Further, the Tribunal has awarded a meagre compensation under conventional heads and erred in granting interest at the rate of 6% instead of 9%. Therefore, the appellants have requested for enhancement of compensation. 5. The Tribunal has granted Rs.6,75,000/- towards loss of dependency and this Court finds it appropriate and hence, it needs no interference by this Court. Petitioner No.1 being the wife of deceased, is entitled to Rs.44,000/- under the head 'loss of consortium' and Petitioner Nos. 2 to 5 being the children of the deceased are entitled to Rs.44,000/- each, that comes - 5 - HC-KAR NC: 2026:KHC:7338 MFA No. 3134 of 2025 to Rs.1,76,000/- under the head 'parental consortium'. Apart from that, the appellants are also entitled for Rs.33,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. 6. Thus in all, components awarded by this Court are as below, 7. Compensation is enhanced from Rs.7,79,500/- to Rs.9,28,000/- and the enhanced compensation is Rs.1,48,500/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal. Particulars Amount in Rs. Loss of dependency 6,75,000.00 Loss of consortium 44,000.00 Loss of parental consortium 1,76,000.00 Conventional heads 33,000.00 Total 9,28,000.00 - 6 - HC-KAR NC: 2026:KHC:7338 MFA No. 3134 of 2025 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 07.11.2023 passed in MVC No.2936/2021, by the Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-4), is modified; iii. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.1,48,500/- with interest at the rate of 6% per annum within one month from the date of this order on such deposit and the appellant is not entitled for interest for delay of 420 days as per order on IA No.1/2025 dated 06.02.2026 and iv. Appellant No.1/wife of the deceased alone is permitted to withdraw the entire compensation with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 5