- 1 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3830 OF 2025(MV-D) BETWEEN: 1. T. MANJULA W/O LATE BASAVARAJA N., AGED ABOUT 45 YEARS. 2. B.CHETHANA S/O LATE BASAVARAJA N., AGED ABOUT 22 YEARS BOTH ARE RESIDING AT: HEBBAGODI, ANEKAL, BENGALURU. NATIVE PLACE: TOREKOLAMMANAHALLI, ABBAIAHNAHALLI, CHALLAKERE TALUK, CHITRADURGA, KARNATAKA. …APPELLANTS (BY SRI. A. SREENIVASAIAH, ADVOCATE) AND: 1. TAMILARASI S., W/O SHANKAR NO.3/135, PILLAIYAR KOIL STREET, AMANI KONDALAMPATTY, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 SALEM, TAMIL NADU - 636 010. 2. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., D.O-3, NO.9/2, MAHALAKSHMI CHAMBERS, 2ND FLOOR, M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. S.V. SUDHAKAR REDDY, ADVOCATE FOR R2; V/O DATED 11.06.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2024 PASSED IN MVC NO.6368/2022 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. - 3 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 2. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the common judgment and award dated 19.11.2024 passed in MVC Nos.6369/2022 and 6368/2022 by the VIII Additional Judge, Court of Small Causes and ACJM, Bengaluru (hereinafter referred to as 'the Tribunal' for short). The present appeal arises out of MVC No.6368/2022 and is filed seeking enhancement of compensation. 3. One Santhosh B., met with a road traffic accident and subsequently died on 22.10.2022. His mother and younger brother filed a claim petition claiming compensation of 1,50,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.25,02,160/- with interest rate of 6% per annum from date of petition till realisation. 4. Aggrieved by the said order, the claimants preferred an appeal in MFA No.3830/2025 contending that, as per the pay slips marked at Ex.P-12, Ex.P-28 and Ex.P- - 4 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 29, the salary register, the CPC report at Ex.P-31 and the evidence of PW.4-employer, the deceased was working as a trainee and was earning more than Rs.20,000/- per month. However, the Tribunal assessed his monthly income at Rs.16,086/- and thus request for enhancement of the compensation. 5. On perusal of the pay slips produced for four months, it is seen that in October 2022 the deceased was drawing a gross salary of Rs.21,389/-. The learned counsel of the respondent contended that, apart from Professional Tax, a sum of Rs.448/- deducted towards canteen charges is also liable to be deducted from the gross salary for the purpose of determining the net income. 6. Admittedly, the deceased was working as a trainee and his salary was progressively increasing from month to month as reflected in the pay slips. Initially, he was drawing a salary of Rs.19,307/-, which was subsequently revised, and as on the date of accident he was drawing Rs.21,389/- per month. A sum of Rs.200/- - 5 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 towards Professional Tax, being a statutory deduction, is liable to be deducted. Thus, net monthly income of the deceased works out to Rs.21,189/-. (Rs.21,389/- - Rs.200/-), which is taken for the purpose of computation. The deceased was aged 22 years at the time of the accident, and the appropriate multiplier applicable is '18'. 7. Learned counsel contended that the canteen deduction should be excluded, and further argued that the bank statements were not produced. In calculating the 'loss of dependency' and addition of 40% towards future prospects is warranted, as the deceased was a bachelor at the time of the accident. Moreover, 50% is to be deducted towards personal expenses. Therefore, loss of dependency comes to Rs.21,189/- + 40% x 21 x 18 - 50%. = Rs.32,03,820/- 8. First petitioner-mother of the deceased is entitled to Rs.44,000/- toward filial consortium and Rs.33,000/- under conventional heads. - 6 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 9. Therefore, the total compensation works out to Rs.32,80,820/-. The Tribunal had earlier awarded Rs.25,02,160/- and the enhanced amount is Rs.7,78,660/- To this extent, the award passed by the Tribunal is modified. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 19.11.2024 passed in MVC No.6368/2022 by the VIII Additional Judge, Court of Small Causes and ACJM, Bengaluru, is hereby modified;. iii. The appellants-claimants are entitled to enhanced compensation of Rs.7,86,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:10865 MFA No. 3830 of 2025 iv. Respondent No.2-Insurance Company is directed to deposit enhanced compensation of Rs.7,78,660/- along with interest at the rate of 6% p.a. within one month from the date of receipt of a copy of this order. v. Upon such deposit, the first petitioner/mother of the deceased is permitted to withdraw the enhanced compensation along with interest. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 51