- 1 - HC-KAR NC: 2026:KHC:16069 MFA No. 1030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1030 OF 2025(MV-D) BETWEEN: 1. SMT. BHANU W/O. LATE SAIFULLA KHAN, AGED ABOUT 53 YEARS, R/O. BILE KALLI, NEAR VIJAYA APARTMENT, BANNERGHATTA MAIN ROAD, BENGALURU - 560 083. 2. SMT. GUL NAZ W/O. RAHAMATH, D/O. LATE SAIFULLA KHAN, AGED ABOUT 38 YEARS, R/O. NO.1582, 6TH CROSS, RCC TANK, GANDHINAGARA, TIPTUR, TUMKUR DISTRICT - 572 201. 3. SMT. FATHIMA W/O. MUBARAK PASHA, D/O. LATE SAIFULLA AGED ABOUT 32 YEARS, R/O. BAMBU BAZAAR ROAD, WARD NO.23, BEHIND JAIL, SRI NAGARA, HASSAN TOWN, HASSAN DISTRICT - 573 201. …APPELLANTS (BY SRI. M. V. MAHESWARAPPA, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16069 MFA No. 1030 of 2025 AND: 1. NAGARATHNA K., W/O. MUNISWAMY, AGED ABOUT 53 YEARS, R/O. CHIKKABOOMASANDRA YELAHANKA NEW TOWN, BENGALURU - 560 064. 2. THE MANAGER M/S. IFFCO-TOKIO GENERAL INSURANCE CO., LTD., SAI RANGA BUILDING, 5TH CROSS, T.G. EXTENSION, HOSKOTE, G.K.V.K. POST, BENGALURU RURAL DISTRICT, BENGALURU - 560 065. …RESPONDENTS (BY SRI. B.S. JAGADEESH, ADVOCATE FOR R2; V/O. DATED 05.11.2025, NOTICE TO R1-DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.07.2022 PASSED IN MVC NO.826/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, XIX MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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:16069 MFA No. 1030 of 2025 ORAL JUDGMENT I.A. No.1/2025 is filed to condone delay of 855 days in filing the appeal. For the reasons stated in the affidavit, delay of 855 days in filing the appeal is condoned, subject to the condition that the appellants are not entitled for interest for the said period. I.A. No.1/2025 is allowed. 2. This appeal is filed against the judgment and award dated 08.07.2022 passed in MVC No.826/2018 by the Senior Civil Judge and JMFC, XIX MACT, Chikkanayakanahalli. One Saifulla Khan, aged about 58 years, met with an accident on 09.04.2017 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal, considering the entire evidence on record, granted compensation of Rs.9,31,800/- with interest at 6% per annum from the date of petition till realization. 3. Aggrieved by the said order, this appeal is preferred and mainly contended that Saifulla Khan was working in Royal Kings packaged drinking water company at Huliyar and earning Rs.30,000/- per month. But the Tribunal erred in taking his - 4 - HC-KAR NC: 2026:KHC:16069 MFA No. 1030 of 2025 income as Rs.10,250/- per month as per the minimum wages, and thus, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. Though it is stated that Saifulla Khan was earning Rs.30,000/- per month, the petitioners have not filed any income proof. As he met with accident in the year 2017, his notional income is to be taken as Rs.11,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 58 years and the multiplier is 9. 10% of income is to be added towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi1 and one third is to be deducted towards personal expenses as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation2. Thus, the loss of dependency comes to Rs.8,71,200/- (11,000 +10% - 1/3 x 12 x 9). 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2026:KHC:16069 MFA No. 1030 of 2025 6. First petitioner, being wife of Saifulla Khan, is entitled for Rs.40,000/- towards spousal consortium and petitioners 2 and 3 are entitled for an amount of Rs.40,000/- by each of them towards parental consortium as per the guidelines of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4. The petitioners are also entitled for Rs.30,000/- under the conventional heads as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi5. Thus, the total compensation comes to Rs.10,21,200/-. 7. In all, the petitioners are entitled for the compensation of Rs.10,21,200/- with interest at 6% per annum as against Rs.9,31,800/- awarded by the Tribunal. 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 5 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:16069 MFA No. 1030 of 2025 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 8,71,200/- 2. Loss of Consortium 1,20,000/- 3. Towards conventional heads 30,000/- Total 10,21,200/- 9. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The appellants are entitled for the total compensation of Rs.10,21,200/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.89,400/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the first appellant, wife of Saifulla Khan is permitted to withdraw entire amount along with interest accrued on it. - 7 - HC-KAR NC: 2026:KHC:16069 MFA No. 1030 of 2025 (v) In view of the order passed today on I.A.No.1/2025, the appellants are not entitled for interest for the delayed period of 855 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 72