- 1 - HC-KAR NC: 2026:KHC:27189 MFA No. 2709 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2709 OF 2023 (MV-D) BETWEEN: 1. SMT. SAKAMMA WO. LATE V.C. PUTTAIAH AGED ABOUT 96 YEARS R/AT BRAHAMANARA STREET HUNSUR TOWN, HUNSUR-571 105. …APPELLANT (BY SRI VIJAY KUMAR T, ADVOCATE) AND: 1. RAKSHITH R S/O. LATE V.P. RAJU AGED ABOUT 30 YEARS. 2. PRIKSHITH R. S/O. LATE V.P. RAJU AGED ABOUT 28 YEARS. THE RESPONDENT No.1 AND 2 ARE R/AT HOUSE No.10 OLD MANANDAVADI ROAD SRIRAMPURA, 2ND STAGE MYSURU-570 008. 3. AMMER AKTHAR. C.A S/O. C.M. ABU AHAMMED AGED IN MAJOR R/AT No.8, SHANTHI APARTMENT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27189 MFA No. 2709 of 2023 SHANTHI ROAD, SHANTHINAGARA WILSON GARDEN BENGALURU-570 027. 4. ORIENTAL INSURANCE CO.LTD., REP. BY ITS MANAGER No.1825/14C, 1ST FLOOR SHREE COMPLEX, B.M. ROAD HUNSUR-571 105. …RESPONDENTS (BY SRI ASHOKA H, ADVOCATE FOR R1 & R2 SRI JANARDHAN REDDY, ADVOCATE FOR R4 V/O DTD 11.09.2025, NOTICE TO R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2022 PASSED IN MVC No.1070/2018 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by appellant who is respondent No.3 before the Tribunal and the mother of deceased seeking enhancement of the compensation awarded in judgment and award dated 17.11.2022 passed in MVC No.1070/2018 by the Principal Judge, Court of Small Causes and MACT, Mysuru. - 3 - HC-KAR NC: 2026:KHC:27189 MFA No. 2709 of 2023 2. Heard the learned counsel for the appellant and respondent No.4 / insurer. 3. Respondent Nos.1 and 2 filed claim petition before the Tribunal seeking grant of compensation for the death of one V.P.Raju, their father who died in a road traffic accident on 31.03.2017. The Tribunal has awarded compensation under different heads as under: Sl.No. Heads Amount 1. Loss of dependency 24,84,000/- 2. Filial Consortium 1,20,000/- 3. Funeral expenses 15,000/- 4. Loss of estate 15,000/- Total 26,34,000/- 4. Respondent Nos.1 and 2 who are the claimants before the Tribunal have not filed appeal challenging the quantum. Appellant being the mother of the deceased and respondent No.3 before the Tribunal is now seeking enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:27189 MFA No. 2709 of 2023 5. The only ground raised by the learned counsel for the appellant is that deceased had three dependants i.e. claimant Nos.1 and 2 and the present appellant who was respondent No.3 before the Tribunal and the deductions towards personal expenses has been taken as 50% ignoring respondent No.3 who is one of the dependants of the deceased. 6. Learned counsel for respondent No.4 / insurer does not dispute that appellant herein who is the mother and she is dependent on the deceased. 7. Considering the fact that respondent No.3 one of the dependant along with claimant Nos.1 and 2 who are respondent Nos.1 and 2 herein the Tribunal ought to have taken deductions of the deceased towards his personal expenses at 1/3 of his income instead of 50%. The appellant has not urged any other grounds. Considering the above aspect, the loss of dependency is calculated as under: - 5 - HC-KAR NC: 2026:KHC:27189 MFA No. 2709 of 2023 Rs.46,000/- (monthly income) – (1/3 deduction Rs.15,333/-) = Rs.30,667 x 12 x 9 = Rs.33,12,036/- 8. Therefore, respondent Nos.1 and 2 and appellant herein are entitled to enhanced compensation of Rs.8,28,036/- (Rs.33,12,036 – Rs.24,84,000) with interest @ 6% p.a. from the date of petition till realization. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant, respondent Nos.1 and 2 are entitled to enhanced compensation of Rs.8,28,036/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.4/insurer shall deposit the said enhanced compensation amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment/deposit of enhanced compensation amount. - 6 - HC-KAR NC: 2026:KHC:27189 MFA No. 2709 of 2023 iv) The apportionment of the compensation among the appellant and respondent Nos.1 and 2 as ordered by the Tribunal remain unaltered. v) Appellant and respondent Nos.1 and 2 are entitled to release of entire enhanced compensation. vi) Draw award accordingly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 36