- 1 - HC-KAR NC: 2026:KHC:33559 MFA No. 5821 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5821 OF 2023 (MV-D) BETWEEN: 1. RAMESHA NARAYANAPPA S/O NARAYANAPA AGED ABOUT 38 YEARS RESIDING AT No.53/9 RAJAGANAPATHI NAGAR, HOSUR, KRISHNAGIRI TAMIL NADU - 635 109. …APPELLANT (BY SRI. CHANDRASHEKAR SWAMY K B, ADVOCATE) AND: 1. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., THE ESTATE No. 121, DICKENSON ROAD, M G ROAD BANGALORE - 560 001. REP. BY ITS MANAGER. 2. RAVI KIRAN M.K. PROP. S .R. T BLUE METAL No.151/154, 3RD FLOOR HOSUR MAIN ROAD ANEKAL TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33559 MFA No. 5821 of 2023 CHANDAPURA BANGALORE - 560 099. …RESPONDENTS (BY SRI A N KRISHNA SWAMY, ADVOCATE FOR R1 V/O DTD. 28.8.2023, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:07.01.2023 PASSED IN MVC No.6298/2019 ON THE FILE OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-18), 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 claimant seeking enhancement of compensation awarded in the judgment and award dated 07.01.2023 passed in MVC No.6298/2019 by III Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-18) 2. Heard learned counsel for the appellant. - 3 - HC-KAR NC: 2026:KHC:33559 MFA No. 5821 of 2023 3. The accident occurred on 03.09.2019. As on the date of the accident, the deceased was aged about 75 years. Ex -P9 is the Aadhar card of the deceased and as per Aadhar Card, the date of birth of the deceased is 10.08.1944. The Tribunal has rightly taken the age of the deceased as 75 years. As the age of the deceased is 75 years, the Tribunal has rightly applied multiplier 5. Considering the fact that the deceased is aged 75 years, the Tribunal has rightly taken her income at Rs.8,000/- per month. The deceased was mother of the claimant. Considering the said aspect, the Tribunal has rightly deducted 50% of income towards personal expenses of the deceased. Considering the said aspect, the Tribunal has rightly awarded Rs.2,40,000/- towards loss of dependency. The Tribunal has also awarded loss of consortium, loss of estate, funeral expenses etc., taking 10% escalation and also separately awarded towards transportation of dead body in a sum of Rs.10,000/- . - 4 - HC-KAR NC: 2026:KHC:33559 MFA No. 5821 of 2023 4. Considering the above aspects, there are no grounds for enhancement of compensation. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 55