- 1 - HC-KAR NC: 2026:KHC:13455 MFA No. 5951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5951 OF 2025 (MV- D) BETWEEN: 1. BHAGYA S W/O DAYANANDA AGE ABOUT 29 YEARS 2. D CHARAN S/O DAYANANDA AGE ABOUT 9 YEARS SINCE MINOR REP BY IS MOTHER NATURAL GUARDIAN SMT BAGHYA S W/O DAYANANDA BOTH ARE R/O MUSLAMANI CAMP, PILLANGIRI POST, SHIVAMOGGA, C/O AMBEDKAR COLONY GOWTHAMAPURA VILLAGE AND POST, ANANDAPURA HOBLI, SAGARA TALUK, SHIVAMOGGA DISTRICT …APPELLANTS (BY SRI. N R RANGEGOWDA.,ADVOCATE) AND: 1. KHALEEL AHAMMAD S/O IBRAHIM SAB AGE ABOUT 54 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13455 MFA No. 5951 of 2025 R/O T T ROAD RETTALLI VILLAGE AND POST, HIREKEROORU TALUK 2. SUHEEL PAITY S/O MUNAF, AGE MAJOR, R/O NO 667/19, INFRONT OF ITI COLLEGE LENIN CITY HOUSES DAVANGERE 3. THE DIVISIONAL MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD SADHIQ COMPLEX, S T ROAD, INFRONT OF SUNDAR ASHRAYA WOODS SHIVAMOGGA - 577202 …RESPONDENTS (BY SRI.MALLIKARJUNA REDDY N A., ADVOCATE FOR SRI B PRADEEP, ADVOCATE) NOTICE TO R1 AND 2 IS DISPENSED WITH V/O DATED 11.08.2025 MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.01.2025 PASSED IN MVC NO.426/2023 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, 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: - 3 - HC-KAR NC: 2026:KHC:13455 MFA No. 5951 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred against the award of the Tribunal dated 10.01.2025 passed in MVC No.426/2023 by the V Additional District and Sessions Judge and Additional MACT, Shivamogga, sitting at Sagar (for short ‘Tribunal’). 2. Sri Dayananda S/o of Subramani met with an accident on 04.01.2023 and died subsequently. His wife and son filed claim petition claiming compensation of Rs.95,50,000/- with interest. But the Tribunal considered the entire evidence on record and granted Rs.19,89,900/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the said award, the appellants have preferred this appeal. 3. Learned counsel for appellants mainly contented that Dayananda was working as a photographer and earning Rs.50,000/- per month. But the Tribunal has taken his income as Rs.16,000/- per month and 40% - 4 - HC-KAR NC: 2026:KHC:13455 MFA No. 5951 of 2025 towards future prospects is not added while calculating the loss of dependency as per the citation reported in 2017 ACJ 2700 in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Others and meager compensation was granted under the conventional heads. Interest has to be granted at the rate of 9%. Therefore, requested for enhancement of the compensation. 4. Heard learned counsels on both sides. 5. The claimants before the Tribunal have not filed any income proof of Dayananda. As he met with an accident in the year 2023, Tribunal has rightly considered his notional income as Rs.16,000/- as per the chart prepared by Karnataka State Legal Services Authority. He was aged 38 years and the multiplier is 15. He is entitled for 40% towards future prospects and 1/3rd has to be deducted towards personal expenses. Hence, loss of dependency comes to Rs.26,88,000/- (16,000+40%x12x15-1/3). The first petitioner is entitled for Rs.44,000/- towards spousal consortium and second - 5 - HC-KAR NC: 2026:KHC:13455 MFA No. 5951 of 2025 petitioner is entitled for Rs.44,000/- towards parental consortium and they are also entitled for Rs.33,000 under the conventional heads. 6. Accordingly, the compensation awarded by the Tribunal is re-assessed as follows; Particulars Rs. Amount Loss of dependency Rs. 26,88,000.00 Loss of consortium Rs. 88,000.00 Conventional heads Rs. 33,000.00 Total compensation Rs. 28,09,000.00 7. The compensation is enhanced from Rs.19,89,900/- to Rs.28,09,000/-. The appellants are entitled for the enhanced compensation of Rs.8,19,100/- along with interest at 6% p.a., from the date of filing of the petition, till its actual realization. 8. Accordingly, I pass the following: ORDER 1. The appeal is allowed. - 6 - HC-KAR NC: 2026:KHC:13455 MFA No. 5951 of 2025 2. The compensation awarded by the Tribunal is modified and re-assessed as indicated above. 3. The respondent No.3 is directed to deposit enhanced compensation amount of Rs.8,19,100/-with interest at the rate of 6 % p.a., within a period of one month from the date of this order. 4. On such deposit, the first petitioner/wife of the deceased alone is permitted to withdraw the entire amount along with the accrued interest. 5. Claimants are not entitled for interest for delay period of 102 days as per order in IA.No.1/2025 dated 05.03.2026. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE RJ List No.: 1 Sl No.: 8