- 1 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2283 OF 2024 (MV-D) BETWEEN: 1. THIPPEERAMMA @ THIPPAMMA W/O LATE HANUMANTHAPPA M B AGED ABOUT 52 YEARS 2. RAMESH H S/O LATE HANUMANTHAPPA M B AGED ABOUT 27 YEARS. 3. PRAVEEN H S/O LATE HANUMANTHAPPA M B AGED ABOUT 27 YEARS. ALL ARE R/O RAJENDRA NAGARA NEAR AMBEDKAR CHOULTRY CHITRADURGA- 577 501. …APPELLANTS (BY SRI PRAKASHA H C, ADVOCATE) AND: 1. REVANASIDDAIAH S S/O G C SHANKARALINGAIAH MAJOR, R/O BASAPURA VILLAGE DAVANAGERE TALUK AND DISTRICT PIN CDOE 577 001. (RC OWNER OF LORRY) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 2. THE BRANCH MANAGER IFFCO TOKYO GENERAL INSURANCE CO. LTD., BRANCH OFFICE, JCR MAIN ROAD NEAR JCR CIRLCE CHITRADURGA CITY – 577 501. …RESPONDENTS (BY SRI C SHANKARA REDDY, ADVOCATE FOR R2 V/O DTD. 15.06.2026, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2024 PASSED IN MVC No.775/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT- IV, CHITRADURGA, 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 02.01.2024 passed in MVC No.775/2022 by the I Addl.Senior Civil Judge and Addl.MACT-IV, Chitradurga. 2. Even though this appeal is listed today for admission, it is taken up for disposal with the consent of - 3 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 learned counsel for the appellants and learned counsel for respondent No.2. 3. Appellants/claimants made a claim petition praying to award compensation for the death of Hanumanthappa M.B. (husband of claimant No.1 and father of claimant Nos.2 and 3) in a road traffic accident took place on 11.11.2021 contending that the accident occurred due to the rash and negligent driving of the Driver of lorry bearing No.KA-17/D-2655. The Tribunal recorded the evidence, appreciating the evidence on record assessed the compensation and awarded compensation under different heads as under: Sl.No. Heads Amount 1. Loss of dependents 14,52,000/- 2. Loss of estate 15,000/- 3. Funeral expenses 15,000/- 4. Loss of spousal consortium 40,000/- 5. Loss of filial consortium 80,000/- 6. Medical expenses 5,472/- Total 16,07,472/- - 4 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 4. The Tribunal has also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2 – insurer to pay the award amount with interest. The claimants have filed the present appeal seeking enhancement of compensation awarded by the Tribunal in this appeal. 5. Heard the learned counsel for the appellants/claimants and learned counsel for respondent No.2/insurer. 6. Learned counsel for the appellant would contend that Tribunal has not taken into consideration 10% escalation on conventional heads. The accident occurred in the year 2021 and as per the decision of the Hon’ble Apex Court in the case of National Insurance Co.Ltd. vs. Pranay Sethi (AIR 2017 SC 5157), the escalation at 10% for every three years from the year 2017 has to be taken into consideration. With this he prayed to allow the appeal. - 5 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 7. Learned counsel for respondent No.2 / insurer does not dispute that claimants are entitled to 10% escalation on conventional heads, since accident has taken place after three years of decision of Hon’ble Apex Court in Pranay Sethi (supra) rendered in the year 2017. 8. Having heard the learned counsel, the Court has perused the impugned judgment and award. 9. The Tribunal has awarded consortium in a sum of Rs.40,000/- each to claimants No.1 to 3. The claimants are entitled to 10% escalation on the consortium since the accident occurred in the year 2021 i.e. after three years of decision of Hon’ble Apex Court in Pranay Sethi (supra) rendered in the year 2017. Therefore, the claimants are entitled to escalation at 10% on conventional heads namely, consortium, loss of estate and funeral expenses. Therefore, the claimants are entitled to consortium in a sum of Rs.44,000/- each i.e. Rs.1,32,000/-. The claimants are also entitled to 10% escalation towards loss of estate and funeral expenses which comes to - 6 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 Rs.16,500/- and Rs.16,500/- respectively. Hence, the claimants are entitled to enhanced compensation of Rs.15,000/-. 10. Considering the above aspect, the claimants are entitled for enhanced compensation of Rs.15,000/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.15,000/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the said enhanced amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. - 7 - HC-KAR NC: 2026:KHC:32428 MFA No. 2283 of 2024 from this day till payment/deposit of enhanced compensation amount. iv) The appellants-claimants are entitled to release of entire enhanced compensation. v) Apportionment of compensation among the claimants remains unaltered. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Dkb List No.: 1 Sl No.: 52