- 1 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 13 OF 2023 (MV-D) BETWEEN: 1. RANJITHA H H W/O LATE PARASHURAM AGED ABOUT 26 YEARS. 2. DRUVANTH P S/O LATE PRASHURAM AGED ABOUT 8 YEARS APPELLANT No.2 IS MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT No.1 BOTH ARE R/O KADLEBALU VILLAGE DAVANAGERE TALUK AND DISTRICT – 577 001. …APPELLANTS (BY SMT. BHAVANA T S, ADVOCATE SRI R SHASHIDHARA, ADVOCATE) AND: 1. SANTHOSH B S/O TALAVAR BHIMAPPA 31 YEARS DRIVER OF BIKE BEARING No. KA-17/EU-3623 R/O KONDAGGI VILLAGE HARIHAR TALUK - 577 601. DAVANAGERE DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 2. NAGESH @ NAGARAJ S/O HANUMANTHAPPA AGED ABOUT 43 YEARS OWNER OF BIKE BEARING No. KA-17/EU-3623 R/O KONDAGGI VILLAGE HARIHAR TALUK – 577 601 DAVANAGERE DISTRICT. 3. THE MANAGER, IFFCO TOKIO GENERAL INSURNACE CO. LTD., BRANCH OFFICE, LAYER ROAD K.B. EXTENSION DAVANAGERE - 577 001. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R3 V/O DTD. 9.1.2023, NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.07.2022 PASSED IN MVC No.613/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE, 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 appellants/claimants seeking enhancement of compensation awarded in judgment and - 3 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 award dated 28.07.2022 passed in MVC No.613/2021 by the II Additional Senior Civil Judge and JMFC at Davanagere. 2. Even though the matter is listed today for admission, it is taken up for final disposal with the consent of learned counsel for the appellants and learned counsel for respondent No.3/insurer. 3. Appellants/claimants made a claim petition praying to award compensation for the death of K.Parashuram in a road traffic accident that occurred on 30.01.2021 contending that the accident occurred due to rash and negligent driving of the rider of the motor cycle bearing Regn.No.KA-17/EU-3623. The Tribunal after recording the evidence, appreciated the evidence on record, assessed the compensation and awarded the compensation under different heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 27,60,936.00 02. Loss of estate 15,000.00 03. Loss of consortium 30,000.00 04. Funeral expenses 25,000.00 05. Love and affection 15,000.00 Total 28,45,936.00 - 4 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 4. The Tribunal also awarded interest @ 9% p.a. from the date of petition till realization and directed respondent No.3-insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal. 5. Heard learned counsel for the appellants and learned counsel for respondent No.3/insurer. 6. Learned counsel for the appellants would contend that deceased was working as a Cook in Morarji Desai residential school and therefore, future prospects has to be considered at 50%. The accident occurred in the year 2021 and for that year notional income fixed by the Karnataka State Legal Services Authority is Rs.15,000/- and Tribunal erred in taking the notional income at Rs.14,500/-. The consortium awarded is on lower side. The claimants are entitled to compensation under conventional heads with escalation at 10%. With this, she prayed to allow the appeal. - 5 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 7. Learned counsel for respondent No.3/insurer would contend that the compensation awarded by the Tribunal is just and proper. The interest awarded at 9% is on higher side. With this he prayed to dismiss the appeal. 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. The claimants are wife and son of deceased K.Parashuram who died in a road traffic accident. In order to show that deceased was working as Cook in Morarji Desai residential school, no evidence is produced. Considering the said aspect, the notional income of the deceased has to be taken into consideration. The notional income fixed for the year 2021 by the Karnataka State Legal Services Authority is Rs.15,000/- and that is to be taken as against Rs.14,500/- taken by the Tribunal. The Tribunal has rightly taken 40% future prospects and deducted 1/3rd towards personal expenses of the deceased and applied multiplier ‘17’. - 6 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 Considering the said aspect, the loss of dependency is calculated as under: Rs.15,000 + 6000 (40%)= Rs.21,000 – 1/3rd = 14,000/- Rs.14,000 x 12 x 17 = Rs.28,56,000/- 10. The claimants being wife and son of the deceased are entitled to consortium in a sum of Rs.40,000/- with 10% escalation which comes to Rs.44,000/- x 2 = Rs.88,000/- as against Rs.30,000/- awarded by the Tribunal. As the consortium is awarded the claimants are not entitled to Rs.15,000/- towards love and affection. The claimants are entitled to loss of estate and funeral expenses in a sum of Rs.15,000/- with 10% escalation i.e. Rs.16,500/- each. The Tribunal has awarded funeral expenses in a sum of Rs.25,000/- to which the claimants are not entitled. Considering the above aspects, the claimants are entitled to total compensation under different heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 28,56,000.00 02. Loss of estate 16,500.00 03. Loss of consortium 88,000.00 - 7 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 04. Funeral expenses 16,500.00 Total 29,77,000.00 11. The claimants are entitled to total compensation of Rs.29,77,000/- as against Rs.28,45,936/- awarded by the Tribunal. Consequently, the claimants are entitled to enhanced compensation of Rs.1,31,064/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.3/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.1,31,064/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.3/insurer shall deposit the said enhanced amount with interest within a period of six weeks from this day, failing which, it is - 8 - HC-KAR NC: 2026:KHC:34928 MFA No. 13 of 2023 liable to pay interest @ 9% p.a. from this day till payment of enhanced compensation amount. iv) The share amongst the claimants as determined by the Tribunal shall remain unaltered. v) The share of claimant No.2/minor shall be kept in fixed deposit till he attains majority. vi) Claimant No.1 is entitled to release of her share in the enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 44