- 1 - HC-KAR NC: 2026:KHC:29958 MFA No. 2123 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2123 OF 2023 (MV-D) BETWEEN: 1. MR. RAMESH S/O LATE PILLAPPA AGED ABOUT 57 YEARS. 2. YSHODAMMA W/O RAMESH AGED ABOUT 56 YEARS. BOTH ARE RESIDING AT: AKKIMANGALA VILLAGE SANTHEKALLAHALI POST CHINTAMANI CHIKKABALLAPURA-563 128. …APPELLANTS (BY SRI SHRIPAD V SHASTRI, ADVOCATE) AND: 1. HDFC ERGO GEN INS. CO. LTD., No.25/1, 2ND FLOOR, BUILDING No.2, SHANKARANARAYANA BUILDING M G ROAD, BANGALORE-01 BY ITS MANAGER. 2. MR. SHIVAJALENDRA R S/O RAMAIAH MAJOR R/AT No.52, 2ND CROSS VADERAHALLI, RENUKA COLONY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29958 MFA No. 2123 of 2023 VADERAHALLI BANGALORE-79. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEPA, ADVOCATE FOR R1 V/O DTD. 16.4.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.1.2023 PASSED IN MVC No.3709/2021 ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in judgment and award dated 30.01.2023 passed in MVC No.3709/2021 by the XXI ACMM and XXIII Addl.Small Causes Judge and MACT, Bengaluru (SCCH-25). - 3 - HC-KAR NC: 2026:KHC:29958 MFA No. 2123 of 2023 2. Heard the learned counsel for the appellants and learned counsel for respondent No.1- insurer on admission. 3. The appellants/claimants made the claim petition before the Tribunal praying to award compensation for death of one Pavan.R. in a road traffic accident which took place on 11.08.2021 contending that the accident occurred due to rash and negligent driving of the driver of lorry bearing Regn.No.KA-53-D-7699. The Tribunal recorded the evidence. The Tribunal appreciating the evidence assessed the compensation and awarded the compensation under different heads as under: Sl.no. Particulars Amount in (Rs.) 01. Loss of dependency 22,68,000.00 02. Transportation and funeral expenses 20,000.00 03. Loss of estate 20,000.00 04. Consortium 80,000.00 Total 23,88,000.00 - 4 - HC-KAR NC: 2026:KHC:29958 MFA No. 2123 of 2023 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent Nos.1 and 2 to jointly and severally the pay the compensation. The claimants have filed the present appeal seeking enhancement of compensation. 5. The accident occurred on 11.08.2021 and the Tribunal considering that the income of the deceased is not established, has taken notional income at Rs.15,000/- p.m. as per the chart prepared by the State Legal Services Authority and added 40% towards future prospects and applied multiplier of 18 and calculated loss of dependency. The Tribunal has rightly assessed the loss of dependency. 6. The Tribunal has awarded Rs.20,000/- towards funeral expenses and transportation of dead body and Rs.20,000/- towards loss of estate. The award under the said heads is on higher side. The Tribunal has also awarded consortium to the claimants at Rs.40,000/- each in a sum of Rs.80,000/-. - 5 - HC-KAR NC: 2026:KHC:29958 MFA No. 2123 of 2023 7. Considering all these aspects, there are no grounds for enhancement of compensation. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 35