- 1 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 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. 3411 OF 2023 (MV-D) BETWEEN: 1. MADAR SAB, AGED ABOUT 79 YEARS, S/O LALAMIYA SAB, FATHER OF DECEASED SYED SAMIULLA, 2. SYED KHADAR S. AGED ABOUT 35 YEARS, S/O LATE SYED SAMIULLA, 3. SYED KHADIR, AGED ABOUT 33 YEARS, S/O LATE SYED SAMIULLA, APPELLANT NO.1 TO 3 ARE RESIDING AT MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. 4. MUBIN TAJ D/O LATE SYED SAMIULLA, AGED ABOUT 31 YEARS, W/O FAYAZ AHMED, R/AT NO.447, 15TH CROSS, DEVASANDRA, ROSHAN NAGAR, MACCA MASJID ROAD, K.R. PURAM, BANGALORE - 560 036. …APPELLANTS (BY SRI. CHANDRASHEKARA REDDY M.V., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 AND: 1. RELIANCE GENERAL INSURANCE CO. LTD., 2ND FLOOR, BALAJI ENCLAVE, NO.782, ABOVE BATA SHOWROOM, 16TH MAIN, 2ND STAGE, BTM LAYOUT, BANGALORE - 560 075. REP. BY ITS MANAGER. 2. ASIDUR REHAMAN S/O ABUTHAYAR, AGED MAJOR, R/AT NO.3, KADUGODI PLANTATION, BANGALORE - 560 067. 3. ABUTAYAR S/O MOHARAJ SET, AGED ABOUT 56 YEARS, R/AT NO.3, DINNUR VILLAGE, KADUGODI PLANTATION, BANGALORE - 560 067. 4. SHIVU C. S/O LATE CHINNAPPA, AGED ABOUT 42 YEARS, R/AT NO.308, NAGONDANAHALLI VILLAGE, WHITEFIELD POST, BEHIND VEERAVBRAMHAIAH TEMPLE, BANGALORE - 560 066. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R1; V/O DATED 16.08.2023, NOTICE TO R2 TO R4 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 21.12.2022 - 3 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 PASSED IN MVC NO.7534/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), 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 the compensation awarded in the Judgment and Award dated 21.12.2022 passed in MVC No.7534/2019 by III Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-18). 2. The appellants/claimants filed a claim petition seeking compensation for the death of Syed Samiulla (son of claimant No.1 and father of claimant Nos.2 to 4) in a road traffic accident that occurred on 25.04.2019 contending that the accident occurred due to rash and - 4 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 negligent driving by the driver of TATA 407 bearing registration No.KA-52-9385. 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: Compensation heads Compensation Amount Towards loss of dependency Rs. 15,24,600-00 Towards loss of consortium Rs. 44,000-00 Towards loss of estate Rs. 16,500-00 Towards funeral & obsequies ceremony expenses Rs. 16,500-00 Towards transportation of dead body Rs. 10,000-00 Total Rs. 16,11,600-00 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of the petition till realisation and directed the respondent No.1 - insurer to pay the compensation amount along with interest. The - 5 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 claimants have preferred the present appeal seeking enhancement. 5. Heard the learned counsel for appellants and learned counsel for respondent No.1 - Insurer. 6. Learned counsel for the appellants would contend that, the age of the deceased is mentioned in the claim petition is fifty five (55) years and the same is to be taken into consideration. The compensation awarded for loss of consortium is not proper and requires to be enhanced. With these, he prayed to allow the appeal. 7. Learned counsel for respondent No.1 - Insurer would contend that, the age of the deceased as taken by the Tribunal on the basis of Aadhar Card - Ex.P12. 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. - 6 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 8. Having heard the learned counsels appearing for the parties, the Court has perused the Judgment and Award. 9. The accident took place on 24.05.2019. The claimants are father and three children of deceased. The Tribunal has considered the age of the deceased as fifty five (55) years. The said finding of the Tribunal is based on Aadhar Card wherein the date of birth of the deceased is 28.08.1964. Considering the said aspect, the Tribunal has rightly held that, as on the date of accident, the deceased was aged fifty five (55) years. 10. The Tribunal has rightly taken the notional income of the deceased at Rs.14,000/- and added 10% future prospects and applied multiplier '11' and deducted 1/4th towards personal expenses and calculated loss of dependency in a sum of Rs.15,24,600/-. The claimants are father and three children of the deceased and they are entitled to consortium in a sum of Rs.44,000/- each. The Tribunal has awarded the loss of consortium in a sum of - 7 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 Rs.44,000/-. Therefore, the claimants are entitled to loss of consortium in a sum of Rs.1,76,000/- (44,000 X 4). 11. The Tribunal has awarded loss of estate in a sum of Rs.16,500/-, funeral expenses in a sum of Rs.16,500/- and transportation of dead body in a sum of Rs.10,000/-. 12. The claimants are entitled to total enhanced compensation of Rs.1,32,000/- (1,76,000 - 44,000) with interest at the rate of 6% per annum from the date of the petition till realisation. 13. 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.1,32,000/- with interest at the rate of 6% per annum from the date of petition till realisation. - 8 - HC-KAR NC: 2026:KHC:31229 MFA No. 3411 of 2023 iii) Respondent No.1/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.: 51