- 1 - HC-KAR NC: 2026:KHC:31840 MFA No. 8677 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8677 OF 2023 (MV-D) BETWEEN: 1. SMT. PILLAMMA W/O LATE DODDAMUNIYAPPA SINCE DEAD BY LRS, SMT. DYAVAMMA W/O LATE MUNIKRISHNAPPA AGED ABOUT 52 YEARS. 2. G M SHANTHAKUMAR S/O LATE MUNIKRISHNAPPA AGED ABOUT 52 YEARS. 3. RAJANI D/O LATE MUNIKRISHNAPPA AGED ABOUT 45 YEARS. ALL ARE R/AT VENKATAGIRIKOTE VILLAGE VIJAYAPURA HOBLI DEVANAHALLI TALUK. …APPELLANTS (BY SRI VISHWANATHA K, ADVOCATE) AND: 1. G V RAMESH S/O VENKATANARASAPPA AGED ABOUT 62 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31840 MFA No. 8677 of 2023 R/AT BETTAHALLI VILLAGE CHINTAMANI TALUK KOLAR DISTRICT NOW AT CHIKKABALLAPURA DISTRICT. 2. UNITED INDIA INSURANCE COMPANY LIMITED S.B.L.T. BUILDING, POLYTECHNIC ROAD POST BOX No.16, K.R. EXTENSION CHINTAMANI, KOLAR DISTRICT NOW AT CHIKKABALLAPURA DISTRICT REPRESENTED BY ITS REGIONAL MANAGER. 3. RANGAPPA S/O NYATHAPPA SINCE DEAD BY HIS LRS SMT. JAYAMMA W/O LATE RANGAPPA AGED ABOUT 80 YEARS. 4. GANGARATHNAMMA D/O LATE RANGAPPA AGED ABOUT 58 YEARS. 5. LAKSHMAMMA @ LAKSHMI D/O LATE RANGAPPA AGED ABOUT 54 YEARS. ALL ARE R/AT KONDAPPAGARAHALLI JARUGAHALLI, SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT – 562 104. …RESPONDENTS (BY SRI O MAHESH, ADVOCATE FOR R2 V/O DTD. 09.1.2025 NOTICE TO R1, R3, R4 AND R5 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.03.2023 PASSED IN MVC No.413/2006 ON THE FILE OF THE IX - 3 - HC-KAR NC: 2026:KHC:31840 MFA No. 8677 of 2023 ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ASDMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 18.03.2023 passed in MVC No. 413/2006 by IX Additional District and Sessions Judge and Additional MACT, Bengaluru Rural District. 2. Claimants made a claim petition seeking award of compensation for the death of Munikrishnappa who died in a road traffic accident occurred that on 30.03.2006 contending that the accident occurred due to the rash and negligent driving by the rider of the motorcycle bearing No. KA-04-1479. The claimants are the mother, wife and two children of the deceased. The mother of the deceased was claimant No. 1 before the Tribunal. She died during - 4 - HC-KAR NC: 2026:KHC:31840 MFA No. 8677 of 2023 pendency of the matter before the Tribunal. The Tribunal recorded the evidence, appreciating the evidence assessed the compensation and awarded compensation under different heads as under: a) Loss of dependency Rs.5,60,000/- b) Funeral Expenses Rs. 5,000/- c) Loss of the estate Rs. 15,000/- e) Loss of consortium Rs.10,000/- Total Rs.5,90,000/- 3. The claimants seeking enhancement of the compensation awarded have filed this appeal. 4. Even though the appeal is listed for `Admission’, it is taken up for disposal with the consent of learned counsel appearing for appellants and respondent No. 2. 5. Learned counsel for appellants would contend that the compensation awarded under conventional heads is on lower side and seeks for enhancement. - 5 - HC-KAR NC: 2026:KHC:31840 MFA No. 8677 of 2023 6. Learned counsel for respondent No. 2 - insurer would contend that the accident occurred in the year 2006 and considering the said aspect, the award of compensation under conventional heads is just and proper. 7. Having heard the learned counsel for the parties, the Court has perused the impugned judgment and award. 8. The accident occurred on 30.03.2006. The deceased Munikrishnappa was husband of claimant No. 2 and father of claimant Nos. 3 and 4. Claimant No. 1 - mother of the deceased died during the pendency of the claim petition before the Tribunal. As the accident occurred in the year 2006, the Tribunal has awarded Rs.5,000 towards loss of estate to each of claimant Nos. 2 to 4, Rs.10,000/- towards loss of consortium and Rs.5,000/- towards funeral expenses. Considering the date of accident, compensation awarded under conventional heads is on lower side. Considering the said aspect claimants are - 6 - HC-KAR NC: 2026:KHC:31840 MFA No. 8677 of 2023 entitled to enhancement of compensation globally in a sum of Rs.25,000/- without any interest. 9. In view of the above, the following; O R D E R i) Appeal is allowed in part. ii) The appellants are entitled to enhanced global compensation of Rs.25,000/- without any interest. iii) Respondent No. 2 - insurer shall deposit the enhanced compensation before the Tribunal within a period of six weeks from this day failing which it is liable to pay interest at the rate of 6% p.a. from this day till the date of payment. iv) Claimants are entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 41