- 1 - HC-KAR NC: 2026:KHC:31981 MFA No. 2271 of 2024 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. 2271 OF 2024 (MV) BETWEEN: 1. MAHESHWARAMMA W/O LATE K.B. MALLAPPA AGED ABOUT 62 YEARS AGRICULTURIST. 2. RAVI KUMAR M S/O LATE K.B. MALLAPPA AGED ABOUT 42 YEARS AGRICULTURIST. 3. BASAVARAJU M S/O LATE K.B.MALLAPPA AGED ABOUT 40 YEARS AGRICULTURIST. ALL ARE R/O BALLIGANUR VILLAGE AT AND POST, BIRUR HOBLI KADURU TALUK PIN CODE – 577 116. …APPELLANTS (BY SRI. PRAKASHA H C, ADVOCATE) AND: 1. YESHAVANTH D S/O DHANANJAYA AGED ABOUT 24 YEARS R/O G KAREHALLI VILLAGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31981 MFA No. 2271 of 2024 KADURU TALUK – 577 548. (DRIVER OF TATA GOODS TIPPER VEHICLE) 2. DHANAJAYA S/O NARASIMHAIAH AGED ABOUT 39 YEARS R/O KAREHALLI VILLAGE KADURU TALUK – 577 548 (DRIVER OF TATA GOODS TIPPER VEHICLE) 3. THE BRANCH MANAGER, CHOLAMANDALAM M.S.GENERAL INSURANCE CO. LTD., No.16-1-44(14) 1ST FLOOR S.R.COMPLEX, GENDOOR WELL, KANAKANADY S.O. MANGALURU - 575 001. (INSURER OF TATA GOODS TIPPER VEHICLE) …RESPONDENTS (BY SRI H S LINGARAJ, ADVOCATE FOR R3 V/O DTD. 15.6.2026, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA IS UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.10.2022 PASSED IN MVC No.222/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2026:KHC:31981 MFA No. 2271 of 2024 ORAL JUDGMENT This appeal is filed by claimants seeking enhancement of compensation awarded in the judgment and award dated 10.10.2022 passed in MVC No.222/2021 by Senior Civil Judge and MACT, Kadur. 2. Heard learned counsel for appellants –claimants and learned counsel for respondent No.3 on admission. 3. The appellants -claimants made a claim petition seeking award of compensation for the death of K.B.Mallppa in a road traffic accident occurred on 25.05.2020, contending that the accident occurred due to the rash and negligent driving of the driver of goods tipper bearing registration No.KA-18/B-0089. The Tribunal recorded the evidence, appreciating the evidence, assessed the compensation under different heads as under: 1 loss of dependency Rs.8,12,000/- 2 loss of estate Rs.15,000/- 3 funeral expenses Rs.15,000/- 4 conveyance Rs.3,000/- 5 loss of consortium Rs.1,20,000/- Total Rs.9,65,000/- - 4 - HC-KAR NC: 2026:KHC:31981 MFA No. 2271 of 2024 4. The Tribunal also awarded interest at the rate of 7% per annum from the date of petition till realization and directed respondent No.3 –insurer to deposit the entire award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal. 5. The deceased at the time of the accident was aged 65 years. The Tribunal has taken the monthly income of the deceased at Rs.14,500/- and deducted 1/3rd towards personal expenses of the deceased and applied multiplier 7 and calculated the loss of dependency in a sum of Rs.8,12,000/-. The Tribunal has rightly taken the income and rightly deducted the personal expenses of the deceased at 1/3rd and applied multiplier 7. 6 The Tribunal has awarded loss of estate in sum of Rs.15,000/-, funeral expenses in sum of Rs.15,000/- and conveyance charges of Rs.3,000/-. Considering all these aspects, the Tribunal has rightly awarded - 5 - HC-KAR NC: 2026:KHC:31981 MFA No. 2271 of 2024 compensation under all the heads. There are no grounds for enhancement of compensation. 7. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 44