- 1 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO.7783 OF 2023 (MV-D) BETWEEN: 1. THULASI W/O LATE SATHYARAJU @ SATHIVELU C., AGED ABOUT 48 YEARS, 2. VEERAMANI S. S/O LATE SATHYARAJU @ SATHIVELU C., AGED ABOUT 32 YEARS, 3. JYOTHI S. D/O LATE SATHYARAJU @ SATHIVELU C., AGED ABOUT 29 YEARS, ALL ARE RESIDING AT NO.67, 3RD CROSS, 6TH MAIN, BALAJI LAYOUT, KODIGEHALLI, BANGALORE - 560 094. …APPELLANTS (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. CHANDHIRAN C. S/O CHINNAVAN, NO.2/324, PALAKOTTAI, CHEETTIKARAI, RAJAPET, DHARMAPURI, T.N. - 636 701. 2. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 R.O. NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SRI. S.Y. SHIVALLI, ADVOCATE FOR R2; VIDE ORDER DATED 10.07.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.05.2023 PASSED IN MVC NO.4422/2021 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING, 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 the Judgment and Award dated 16.05.2023 passed in MVC No.4422/2021 by IX Additional Small Causes Judge and Additional MACT, Bengaluru (SCCH-7). - 3 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 2. The claimants filed a claim petition seeking compensation for the death of Arul S., in a road traffic accident contending that the accident occurred due to rash and negligent driving by the driver of Lorry bearing registration No.TN-29-BJ-4925. The claimants are mother, brother and sister of the deceased. 3. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Towards loss of dependency Rs. 31,48,740.00 Towards consortium Rs. 40,000.00 Towards loss of estate Rs. 15,000.00 Towards funeral expenses Rs. 15,000.00 Towards Hospital and medical expenses Rs. 1,70,033.00 Total Rs. 33,88,773.00 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2 - insurer to pay the compensation awarded along with interest. - 4 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 5. The claimants have preferred the present appeal seeking enhancement. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2 - insurer. 7. Learned counsel for the appellants would contend that, the claimants are mother, brother and sister of the deceased and they are entitled to loss of consortium in a sum of Rs.40,000/- each with 10% escalation. The claimants are also entitled to loss of estate and funeral expenses in a sum of Rs.15,000/- each with 10% escalation. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2 - Insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. - 5 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 9. Having heard the learned counsels appearing for the parties, the Court has perused the judgment, award and trial Court records. 10. The claimants are mother, brother and sister of the deceased and they are entitled to loss of consortium in a sum of Rs.40,000/- each with 10% escalation i.e., 44,000/- each. Considering the same, the claimants are entitled to loss of consortium of Rs.1,32,000/- (44,000 X 3). 11. The Tribunal has not taken into consideration 10% escalation for loss of estate and funeral expenses. As the accident is occurred three years after the decision in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157, the claimants are entitled to 10% escalation on conventional heads. Therefore, the claimants are entitled to loss of estate of Rs.16,500/- and funeral expenses of Rs.16,500/-. - 6 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 12. Considering all the above aspects, the claimants are entitled to total enhanced compensation under different as under: Towards loss of dependency Rs. 31,48,740.00 Towards consortium Rs. 1,32,000.00 Towards loss of estate Rs. 16,500.00 Towards funeral expenses Rs. 16,500.00 Towards Hospital and medical expenses Rs. 1,70,033.00 Total Rs. 34,83,773.00 13. The claimants are entitled to total compensation of Rs.34,83,773/- as against Rs.33,88,773/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of the petition till realisation. 14. Consequently, the claimants are entitled to enhanced compensation of Rs.95,000/- (34,83,773 - 33,88,773) with interest at the rate of 6% per annum from the date of petition till realisation. 15. The Respondent No.2 - insurer is liable to pay enhanced compensation amount with interest. - 7 - HC-KAR NC: 2026:KHC:31507 MFA No. 7783 of 2023 16. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The claimants are entitled to enhanced compensation of Rs.95,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2 - insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The claimants are entitled to release of entire enhanced compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 55