- 1 - HC-KAR NC: 2026:KHC:36037 MFA No. 7406 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7406 OF 2023 (MV-D) BETWEEN: 1. SMT. ERAMANI W/O NINGARAJU AGED 46 YEARS. 2. SRI NINGARAJU S/O LATE MANCHAIAH AGED 55 YEARS. BOTH ARE R/AT: WARD No.23 KEB COLONY, MADHAVANAGARA KURUPETE SANGAM MAIN ROAD KANAKAPURA TOWN AND TALUK RAMANAGARA DISTRICT-562 117. …APPELLANTS (BY SRI PRAKASH M H, ADVOCATE) AND: 1. THE NEW INDIA ASS. CO. LTD., OFFICE AT No.09, 2ND FLOOR MAHALAKSHMI CHAMBERS M.G. ROAD BENGALURU-560 001. REP. BY ITS MANAGER. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:36037 MFA No. 7406 of 2023 2. SRI MUNIRAJU K S/O KRISHNAPPA AGE: MAJOR R/AT: GANALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DIST - 562 117. …RESPONDENTS (BY SRI VENKATESH KAMATH B R, ADVOCATE FOR R1 V/O DTD. 15.7.2026, NOTICE TO R2 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.07.2023 PASSED IN MVC No.6177/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-11), 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 claimants seeking enhancement of compensation awarded in the judgment and award dated 01.07.2023 passed in MVC No.6177/2022 by I Additional Small Causes Judge and MACT, Bengaluru (SCCH-11). 2. Heard learned counsels on admission. - 3 - HC-KAR NC: 2026:KHC:36037 MFA No. 7406 of 2023 3. The appellants made a claim petition for the death of Manchaiah N., in a road traffic accident occurred on 14.10.2022, contending that the accident occurred due to rash and negligent driving of the driver of tractor trailer bearing registration No.KA-42/D-5675 and No.KA-42/D- 5676. The claimants are parents of the deceased. The Tribunal recorded evidence, appreciating the evidence on record has assessed the compensation and awarded the compensation under various heads as under: SL.No. Particulars Amount a. Towards dependency & loss of future earnings Rs.23,43,600/- b. Towards Filial Consortium Rs.88,000/- c. Towards loss of estate and funeral expenses Rs.33,000/- Total Compensation Rs.24,64,600/- 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation. Appellants filed present appeal seeking enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:36037 MFA No. 7406 of 2023 5. Learned counsel for appellants would contend that the deceased was working in private company and therefore, notional income taken by the Tribunal is not proper and higher income is to be taken. 6. Learned counsel for respondent No.1 –insurer would contend that claimants have not produced any evidence to establish that the deceased was working in private company and therefore, the Tribunal has rightly taken notional income for the said year in a sum of Rs.15,500/-. The compensation awarded under other heads is also just and proper. There are no grounds for enhancement. 7. Having heard learned counsels, the Court has perused impugned judgment and award. 8. Claimants are the parents of the deceased. The deceased was bachelor aged about 24 years. It is contented that the deceased was working in private company. In order to establish the same, the claimants - 5 - HC-KAR NC: 2026:KHC:36037 MFA No. 7406 of 2023 have not placed any evidence on record. Considering the same, the Tribunal has rightly taken the notional income for the year 2022 in a sum of Rs.15,500/- as per chart prepared by Legal Services Authority. The Tribunal has rightly added 40% towards future prospects, deducted 50% towards personal expenses of the deceased and applied multiplier 18. Therefore, loss of dependency awarded by the Tribunal is just and proper. The Tribunal has also awarded consortium in a sum of Rs.88,000/-, loss of estate and funeral expenses in a sum of Rs.33,000/- and it is just and proper. Considering the above aspects, there are no grounds for enhancement of the compensation awarded by the Tribunal. In the result, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 11 Ct.sm