- 1 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3355 OF 2026 (MV-I) BETWEEN: 1. SMT. KALPANA K. W/O LATE MANI AGED ABOUT 28 YEARS 2. KUM. MADHUPRIYA D/O LATE MANI AGED ABOUT 06 YEARS. 3. MASTER TILAK .M S/O LATE MANI AGED ABOUT 03 YEARS. 4. SRI. V.K. CHANGALARAYAPPA S/O LATE. KRISHNAPPA AGED ABOUT 57 YEARS. 5. SMT. KAMALAMMA W/O CHANGALARAYAPPA V.K AGED ABOUT 54 YEARS. APPELLANTS 2 AND 3 ARE MINORS REPRESENTED BY NATURAL GUARDIAN AND MOTHER SMT. KALPANA .K ALL ARE RESIDING AT N. K. HULKUR VILLAGE AND POST, BANGARPET TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 KOLAR DISTRICT - 563 116. …APPELLANTS (BY SRI K.T. GURUDEVA PRASAD, ADVOCATE) AND: 1. SRI. MUNIRAJA H.M. S/O MUNIVENKATAPPA AGED ABOUT 40 YEARS R/AT No.103, NEAR GOVT. SCHOOL, DEVANAGUDI HOSAHALLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT. 2. ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., BY ITS MANAGER, #30, 3RD FLOOR, JNR CITY CENTER RAJA RAM MOHAN ROY ROAD SAMPANGIRAMA NAGAR BENGALURU - 560 027. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R2 V/O. DT.04/06/2026, NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 24/11/2025 PASSED IN MVC No.9252/2024 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL, AT BENGALURU., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, 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:34646 MFA No. 3355 of 2026 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 24.11.2025 passed in MVC No.9252/2024 by the VIII Addl.Judge, Court of Small Causes and MACT, Bengaluru (SCCH-5). 2. Even though the appeal is listed today for orders/admission, it is taken up for disposal with the consent of learned counsel for the appellants and learned counsel for respondent No.2/insurer. 3. Appellants/claimants made a claim petition before the Tribunal seeking award of compensation for the death of one Mani in a road traffic accident that occurred on 07.12.2024 contending that the accident occurred due to rash and negligent driving of driver of lorry bearing Regn.No.KA-02-AA-4136. The Tribunal after recording the evidence, appreciated the evidence on record and - 4 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 assessed compensation and awarded compensation under various heads as under: Sl.no. Heads Amount in (Rs.) 01. Loss of dependency 35,34,300-00 02. Loss of consortium 1,44,000-00 03. Loss of estate 18,000-00 04. Funeral expenses 18,000-00 Total 37,14,300-00 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2 – insurer to deposit award amount with interest. The claimants have filed the present appeal seeking enhancement of compensation. 5. Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer. 6. Learned counsel for the appellants would contend that deceased was driver of heavy goods vehicle and notarized copy of DL has been produced as per Ex.P10. - 5 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 The Tribunal has taken notional income @ 16,500/- p.m. Since the deceased is a skilled person authorized to drive heavy goods vehicle, the income is to be taken on higher side. He further submits that there are five claimants who are wife, two children and two parents of the deceased and consortium of Rs.48,000/- awarded to claimant Nos.4 and 5 together requires to be enhanced to Rs.48,000/- each to claimant Nos.4 and 5. With this he prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that the Tribunal has rightly taken income of the deceased and compensation awarded is just and proper. With this he prayed to dismiss the appeal. 8. Having heard the learned counsels, the Court has perused judgment and award. 9. The deceased was a driver and he was authorized to drive heavy goods vehicle and in that regard notarized copy of DL of the deceased has been produced at Ex.P10. - 6 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 The Tribunal has erred in taking notional income at Rs.16,500/-. Since the deceased was a driver authorized to drive heavy goods vehicle, the income has to be taken at Rs.19,000/- p.m. The Tribunal has rightly taken future prospects at 40%, deducted 1/4th towards personal expenses of the deceased and applied multiplier ‘17’. Considering the said aspect, the claimants are entitled to loss of dependency as under: Rs.19,000 + 40% (Rs.7,600) = 26,600/- Rs.26,600 - ¼ = Rs.19,950 x 12 x 17 = Rs.40,69,800/- 10. The Tribunal has rightly awarded consortium to claimant Nos.1 to 3 in a sum of Rs.48,000/- each. The Tribunal has awarded consortium to claimant Nos.4 and 5 together in a sum of Rs.48,000/-. The claimant Nos.4 and 5 are parents of deceased and they are entitled to consortium in a sum of Rs.48,000/- each. The Tribunal has rightly awarded compensation towards loss of estate and funeral expenses in a sum of Rs.18,000/- each. In - 7 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 view of the above, the claimants are entitled to total compensation as under: Sl.no. Heads Amount in (Rs.) 01. Loss of dependency 40,69,800-00 02. Loss of consortium 1,92,000-00 03. Loss of estate 18,000-00 04. Funeral expenses 18,000-00 Total 42,97,800-00 11. The claimants are entitled to total compensation of Rs.42,97,800/- as against Rs.37,14,300/- as awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimants are entitled to enhanced compensation of Rs.5,83,500/- 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. 12. In view of the above, the following: ORDER i) The appeal is allowed in part. - 8 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 ii) The appellants/claimants are entitled to enhanced compensation of Rs.5,83,500/- 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. from this day till payment of enhanced compensation amount. iv) The claimants are entitled to the enhanced compensation in the ratio as determined by the Tribunal. v) The share of compensation of claimant Nos.2 and 3 shall be kept in fixed deposit with Karnataka Bank, City Civil Court Branch, Bengaluru, till they attain majority. - 9 - HC-KAR NC: 2026:KHC:34646 MFA No. 3355 of 2026 vi) The claimant Nos.1, 4 and 5 are entitled to release of entire enhanced compensation as per their share. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 10