- 1 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2430 OF 2023 (MV-D) BETWEEN: 1. SRI AHMED SHARIFF S/O LATE PEER SAB AGED ABOUT 60 YEARS MERCHANT. 2. SMT. MUMTAZ W/O SRI AHMED SHERIFF SINCE DEAD BY HER LRS a) SRI KALANDAR b) Ms. RESHMA BOTH ARE MAJORS IN AGE ALL ARE RESIDING AT 31 ACRE EXTENSION KADUR TOWN-577 548. …APPELLANTS (BY SRI RAVISHANKAR C R, ADVOCATE) AND: 1. SRI G L GOVINDAPPA AGED ABOUT 60 YEARS S/O SRI LOKA NAIK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 DRIVER OF KSRTC BUS No.KA-17-F-1438 BADGE No.1093 SHIMOGA DEPOT R/A GINASE VILLAGE SAGAR TALUK SHIMOGA DISTRICT. 2. THE MANAGING DIRECTOR KSRTC K .H. ROAD SHANTHI NAGAR BANGALORE-560 027. …RESPONDENTS (BY SRI S RAJASHEKAR, ADVOCATE FOR R2 V/O DTD. 12.02.2024, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.01.2023 PASSED IN MVC No.174/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU, 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 award dated 11.01.2023 passed in MVC No.174/2018 by the Senior Civil Judge and MACT, Kadur. - 3 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/Corporation. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Dastagir (son of claimant Nos.1 and 2) in a road traffic accident occurred on 24.08.2017 contending that the accident occurred due to rash and negligent driving of driver of KSRTC Bus bearing Regn.No.KA-17/F-1438. The deceased who sustained injuries in the accident was admitted in the hospital and he died on 20.09.2017. The Tribunal after recording the evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 15,70,800.00 02. Medical expenses and conveyance charges 30,500.00 03. Food and attendant charges 25,000.00 04. Funeral expenses 15,000.00 - 4 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 05. Transportation of dead body 5,000.00 06. Loss of consortium 80,000.00 Total 17,26,300.00 4. The Tribunal also awarded interest @ 7% p.a. from the date of petition till realization and directed respondent No.2/Corporation to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. Claimant No.2 died and Appellant Nos.2 and 3 are the LRs of claimant No.2. 5. Heard learned counsel for the appellants and learned counsel for respondent No.2/Corporation. 6. Learned counsel for appellants would contend that Tribunal has not awarded loss of estate. 7. Learned counsel for respondent No.2/Corporation would contend that Tribunal has awarded funeral expenses in a sum of Rs.15,000/- and separately awarded Rs.5,000/- for transportation of dead body. - 5 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. The date of accident is 24.08.2017, deceased sustained injuries in the said accident, he has been admitted in the hospital and he died on 20.09.2017. The claimant was aged 27 years. The Tribunal has taken the notional income at Rs.11,000/- p.m. and deducted 50% towards personal expenses of the deceased since he was Bachelor and added 40% towards future prospects and applied multiplier ‘17’. Considering the said aspect, the Tribunal has rightly awarded loss of dependency. Considering the evidence on record the Tribunal has rightly awarded medical expenses and consortium. The deceased was admitted in the hospital for 27 days and therefore, claimants are entitled to attendant and conveyance charges in a sum of Rs.27,000/- (Rs.1,000 x 27 days) as against Rs.25,000/- awarded by the Tribunal. The Tribunal has rightly awarded funeral expenses in a sum of Rs.15,000/- and it includes transportation of dead - 6 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 body. The Tribunal has separately has awarded Rs.5,000/- towards transportation of dead body and claimants are not entitled to the same separately. The Tribunal has not awarded loss of estate and therefore, the claimants are entitled to a sum of Rs.15,000/-. 10. Considering the above aspects, the claimants are entitled to enhanced compensation in a sum of Rs.12,000/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/Corporation 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.12,000/- with interest @ 6% p.a. from the date of petition till realization. - 7 - HC-KAR CNR: KAHC010190392023 NC: 2026:KHC:36444 MFA No. 2430 of 2023 iii) Respondent No.2/Corporation shall deposit the 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) Claimants are entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 33