- 1 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 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. 7785 OF 2023 (MV-D) BETWEEN: 1. NARAYANAMMA W/O LATE CHANDRAPPA AGED ABOUT 43 YEARS. 2. CHAITHRA D/O LATE CHANDRAPPA AGED ABOUT 23 YEARS. 3. KUMARI SUCHITRA D/O LATE CHANDRAPPA AGED ABOUT 19 YEARS. ALL ARE RESIDING AT BESTHAMANAHALLI ANEKAL, BENGALURU. …APPELLANTS (BY SRI. SREENIVASAIAH A, ADVOCATE) AND: 1. K. VIKRAM S/O KESAVA REDDY No.3/125, ULIVEERANAPALLI KALUKONDAPALLI (PO) PEDDABELAGONDAPALLI, DENKANIKOTTAI KRISHNAGIRI T .N - 635 114. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 2. THE MANAGER THE NEW INDIA ASSURANCE CO LTD., D O: 3 No. 9/2, 2ND FLOOR MAHALAKSHMI CHAMBERS M .G ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI R GOVINDARAJAN, ADVOCATE FOR R2 V/O DTD. 09.1.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.06.2023 PASSED IN MVC No. 707/2021 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCH-4), 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 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in judgment and award dated 14.06.2023 passed in M.V.C. No. 707/2021 by the XVIII Additional Small Causes Judge and MACT, Bangalore (SCCH 4). 2. Claimants made a claim petition seeking award of compensation for the death of Chandrappa, husband of - 3 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 claimant No. 1 and father of claimant Nos. 2 and 3 in a road traffic accident which occurred on 24.01.2021 contending that the accident occurred due to the rash and negligent driving by the driver of the lorry bearing No. TN-42-P-7669. The Tribunal after recording evidence and appreciating the evidence awarded compensation under different heads as under: 1 Loss of dependency Rs.15,60,000/- 2 Loss of future prospects Rs.3,90,000/- 3 Loss of consortium to petitioners Rs.1,20,000/- 4 Loss of love and affection both petitioners Rs.15,000/- 5 Funeral expenses Rs.15,000/- 6 Transport of dead body Rs.5,000/- Total Rs.21,65,000/- 3. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till the date of realization and directed respondent No. 2 - insurer to deposit the award amount. The claimants seeking enhancement have filed the present appeal. - 4 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 4. Heard learned counsel for appellants and learned counsel for respondent No. 2. 5. Learned counsel for appellants would contend that the date of birth of the deceased, as per his Aadhar card – Ex.P.8 is 07.10.1975 and as on the date of accident (24.01.2021) he was aged 45 years 3 months and the Tribunal has taken his age as 46 years. The Tribunal has not considered escalation on conventional heads at 10% as per the decision of the Hon’ble Apex Court in the case of National Insurance Company Vs Pranay Sethi and Others reported in AIR 2017 SC 5157 since the accident has taken place in the year 2021. With this, he prayed to allow the appeal. 6. Learned counsel for respondent No. 2 would contend that the compensation awarded by the Tribunal is just and proper. The claimants are not entitled to loss of love and affection since loss of consortium is awarded. The Tribunal has rightly taken the age of the deceased. With this he prayed to dismiss the appeal. - 5 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 7. Having heard learned counsel for the parties the Court has perused impugned judgment, award and trial Court records. 8. The date of birth of the deceased, as per his Aadhar card Ex.P.8 is 07.10.1975. The date of accident is 24.01.2021. If the age of deceased is calculated, as on the date of accident, his age would be 45 years 3 months. The Tribunal has erred in taking the age of deceased as 46 years. Since the age of deceased is taken as 45 years, the multiplier applicable is 14. Considering the above aspects, loss of dependency is calculated as under: 15000 + 25% = 18750 18750 – 1/3 = 12500 12500 X 12 X 14 = 2100000 9. Tribunal has awarded consortium in a sum of Rs.1,20,000/-. Tribunal has not awarded escalation on the loss of consortium at 10% as held by the Hon’ble Supreme Court in the case of Pranay Sethi (supra). Since the accident has taken place in the year 2021, after 3 years of - 6 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 judgment in the case of Pranay Sethi (supra), claimants are entitled to escalation at 10%. Therefore the claimants are entitled to consortium as under: 40000 + 10% = 44000 44000 X 3 = 132000 10. As consortium is awarded claimants are not separately entitled to loss of love and affection awarded by the Tribunal in a sum of Rs.75,000/-. 11. Claimants are entitled to funeral expenses and loss of estate in a sum of Rs.15,000/- each with 10 % escalation in a sum of Rs.16,500/-. 12. Considering the above aspects, claimants are entitled to total compensation as under: 1 Loss of dependency 21,00,000.00 2 Loss of consortium 1,32,000.00 3 Loss of love and affection NIL 4 Funeral expenses Rs.16,500/- 5 Loss of estate Rs.16,500/- Total Rs.22,65,000/- - 7 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 13. Claimants are entitled to total compensation of Rs.22,65,000/- as against Rs.21,65,000/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till the date of realization. Consequently, claimants are entitled to enhanced compensation of Rs.1,00,000/- (2265000 – 2165000) with interest at the rate of 6% per annum from the date of petition till the date of realization. The respondent - insurer is liable to pay the enhanced compensation. 14. In view of the above, the following; O R D E R i) The appeal is allowed in part. ii) Appellants - claimants are entitled to enhanced compensation of Rs.1,00,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. iii) Respondent No. 2 - insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day - 8 - HC-KAR NC: 2026:KHC:31243 MFA No. 7785 of 2023 failing which, it is liable to pay interest at the rate of 9% 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.: 56