- 1 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5778 OF 2024 (MV-D) BETWEEN: 1. G.R. SHANKARAPPA S/O LATE RANGAHSHAMANNA, AGED ABOUT 51 YEARS, 2. KAMALAMMA W/O G.R. SHANKARAPPA, AGED ABOUT 45 YEARS, BOTH ARE R/AT GUNDALAHALLI VILLAGE, D.V. HALLI POST, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT. …APPELLANTS (BY SRI. SATHISHA T., ADVOCATE) AND: 1. MANJAMMA W/O JAGANNATH, AGED ABOUT 48 YEARS, R/AT KAMBADAHALLI VILLAGE, D.V. HALLI POST, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT. 2. THE MANAGER H.D.F.C ERGO GENERAL INSRUANCE CO. LTD., D 301, 3RD FLOOR, ESATRERN BUSINESS DISTRICT, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 (MAGNET MALL) LBS MARGO, BHANDUP (WEST), WEST MUMBAI - 400 078. …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R2; VIDE ORDER DATED 01.07.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2024 PASSED IN MVC NO.331/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI AND MACT, MADHUGIRI, 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 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 11.03.2024 passed in MVC No.331/2021 - 3 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 by IV Additional District and Sessions Judge and Member, MACT, Tumakuru (sitting at Madhugiri). 2. Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellants and learned counsel for respondent No.2, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of G.S. Abhishek in a road traffic accident occurred on 06.11.2020 contending that the accident occurred due to rash and negligent driving by the rider of motorcycle having T.P.No.KA-2020T/R-5199AZ, Chasis No.MBLHAW12 XL5J03016 and Engine No.HA11EYL5J51850. 4. 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: - 4 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 Sl. No. Compensation heads Compensation amount 1. Loss of love and affection Rs. 50,000/- 2. Funeral and Obsequies expenses Rs. 40,000/- 3. Medical bills Rs. 7,60,124/- 4. Loss of dependency Rs. 15,66,000/- Total Rs. 24,16,124/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellants would contend that, the Tribunal has not taken into consideration future prospects while calculating the loss of dependency. The Tribunal has also not awarded loss of estate and consortium. The claimants are entitled to compensation - 5 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 under conventional heads with 10% escalation. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are not grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard both the learned counsel for appellants and learned counsel for respondent No.2/insurer, the Court has perused the impugned Judgment and Award. 10. The claimants are parents of the deceased. The deceased was aged twenty one years and he was a Bachelor. The accident taken place on 06.11.2020. Since the claimants have not established the income of the deceased, the Tribunal has taken the notional income of Rs.14,500/- and deducted 50% towards personal expenses and applied multiplier '18'. The Tribunal has not - 6 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 taken into consideration the future prospects while calculating loss of dependency. As the deceased is aged twenty one years, future prospects has to be taken at 40%. In view of the above, loss of dependency is calculated as under: 14,500 + 5,800 (40%) = 20,300 X 1/2 = 10,150 X 12 X 18 = 21,92,400/-. 11. The Tribunal has awarded Rs.50,000/- towards loss of love and affection. The Tribunal as not awarded the consortium. 12. The claimants are entitled to consortium with 10% escalation i.e., Rs.88,000/- (44,000 X 2). As the consortium is awarded, the claimants are not entitled to loss of love and affection awarded by the Tribunal in a sum of Rs.50,000/- separately. 13. The claimants are entitled to funeral expenses and loss of estate in a sum of Rs.15,000/- each with 10% escalation. The Tribunal has awarded funeral expenses of - 7 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 Rs.40,000/-. The claimants are entitled to Rs.16,500/- towards funeral expenses and Rs.16,500/- towards loss of estate as against Rs.40,000/- awarded by the Tribunal towards funeral and obsequies expenses. 14. The Tribunal has rightly awarded medical expenses of Rs.7,60,124/-. 15. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Compensation Heads Amount 1. Loss of dependency Rs. 21,92,400/- 2. Loss of consortium Rs. 88,000/- 3. Funeral expenses Rs. 16,500/- 4. Medical expenses Rs. 7,60,124/- 5. Loss of estate Rs. 16,500/- Total Rs. 30,73,524/- 16. The claimants are entitled to total compensation of Rs.30,73,524/- as against Rs.24,16,124/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. - 8 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 17. Consequently, the claimants are entitled to enhanced compensation of Rs.6,57,400/- (30,73,524 - 24,16,124) with interest at the rate of 6% per annum from the date of petition till realisation. 18. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 19. 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.6,57,400/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/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. - 9 - HC-KAR NC: 2026:KHC:32922 MFA No. 5778 of 2024 iv) The claimants are entitled to release of entire enhanced compensation amount. v) The share among the claimants determined by the Tribunal remain unaltered. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 9