- 1 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 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. 3610 OF 2026 (MV-D) BETWEEN: 1. SMT. H T DEVIKA W/O. LATE VEERABHADRAPPA AGED ABOUT 31 YEARS. 2. MASTER MITHUN. V S/O. LATE VERABHADRAPPA AGED ABOUT 11 YEARS. 3. MASTER MOHITH. V. S/O. LATE VERABHADRAPPA AGED ABOUT 8 YEARS. APPELLANT No.2 & 3 ARE MINORS REP. BY THEIR NEXT FRIEND - MOTHER APPELLANT No.1 SMT. H.T. DEVIKA AS NATURAL GUARDIAN 4. SMT. GANGAMMA W/O. N. NINGAPPA AGED ABOUT 56 YEARS ALL ARE R/AT. SINGAPURA HULLU CHITRADURGA - 577 555. …APPELLANTS (BY SRI SIDDARAMAIAH V B, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 AND: 1. SRI AFZAL HUSAIN ISHAQ RAJA S/O. ISHAQUE RAJA MAJOR - AGE NOT KNOWN TO APPELLANT R/AT. HUBBANAGERE KAGAL POST, KUMTA TALUK - 581 351. UTTARA KANNADA DISTRICT. 2. THE BRANCH MANAGER SRIRAM GENERAL INSURANCE CO. LTD., No.5/4, 3RD FLOOR S.V. ARCADE, BILUKALLI MAIN ROAD OPP. B.G. ROAD, I.I.M. POST BENGALURU - 560 076. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 8.6.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.11.2025 PASSED IN MVC No.454/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT, No. IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment - 3 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 and award dated 24.11.2025 passed in MVC No. 454/2024 by the I Additional Senior Civil Judge and Additional MACT, Chitradurga. 2. Though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellants and learned appearing for respondent No. 2 it is taken up for disposal. 3. Appellants – claimants made a claim petition seeking award of compensation for the death of Veerabhadrappa (husband of claimant No. 1, father of claimant Nos. 2 and 3 and son of claimant No.4) in a road traffic accident that occurred on 09.03.2024 contending that the accident occurred due to the rash and negligent driving by the driver of car bearing No. KA-17-C-5509. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Loss of dependency Rs.29,29,500/- Loss of estate Rs.15,000/- Funeral expenses Rs.15,000/- - 4 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 Loss of spousal consortium Rs.40,000/- Loss of Parental consortium Rs.1,20,000/- Total Rs.31,19,500/- 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization. Claimants, seeking enhancement of the compensation awarded, have filed the present appeal. 5. Heard learned counsel for appellants - claimants and learned counsel for respondent No.2 – Insurer. 6. Learned counsel for appellants would contend that the Tribunal has taken the income of the deceased at Rs.15,500/- and as per the chart prepared by the Karnataka State Legal Services Authority notional income for the year 2024 is Rs.17,000/- and the same is to be taken. He further submits that the Tribunal has not considered escalation of conventional heads. Since the accident has taken place after six years of decision of the Hon’ble Apex Court in the case of National Insurance Company Vs Pranay Sethi and Others reported in AIR - 5 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 2017 SC 5157, claimants are entitled to escalation at 20%. With this he prayed to allow the appeal. 7. Learned counsel for respondent No. 2 – Insurer would contend that the income taken and compensation awarded under all heads are just and proper and there are no grounds for enhancement. 8. Having heard learned counsel for the parties, this Court has perused the judgment and award. 9. Date of accident is 09.03.2024. The deceased was aged 36 yeas as on the date of accident. The Tribunal has taken the notional income of the deceased at Rs.15,500/- per month. As per the chart prepared by the Karnataka State Legal Services Authority notional income for the year 2024 is Rs.17,000/-. Therefore, said income is to be taken into consideration as against Rs.15,500/- taken by the Tribunal. 10. The Tribunal has rightly added 40% towards future prospects, deducted 1/4th towards personal expenses of the deceased and applied multiplier of 15. In - 6 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 view of the same, loss of dependency is calculated as under: 17000 + 6800 (40%) = 23800 23800 – 1/4 = 17850 17850 X 12 X 15 = 32,13,000 11. The Tribunal has awarded consortium to all the claimants in a sum of Rs.40,000/- i.e, Rs.1,60,000/-. The Tribunal has also awarded loss of estate in a sum of Rs.15,000/- and funeral expenses in a sum of Rs.15,000/-. 12. As per the decision of the Hon’ble Apex Court in the case of Pranay Sethi (supra) escalation has to be taken at 20% on all conventional heads. Therefore, claimants are entitled to consortium in a sum of Rs.1,92,000 (160000 + 32000). Claimants are entitled to escalation on conventional heads in a sum of Rs.36,000/- (30000 + 20%). 13. In view of the above, claimants are entitled to total compensation as under: - 7 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 Loss of dependency Rs.32,13,000/- Loss of estate Rs.18,000/- Funeral expenses Rs.18,000/- Consortium Rs.1,92,000/- Total Rs.34,41,000/- 14. Claimants are entitled to total compensation of Rs.34,41,000.00 as against Rs.31,19,500.00 awarded by the Tribunal with interest at the rate of 6% p.a. from date of petition till the date of realization. Consequently, the claimants are entitled enhanced compensation of Rs.3,21,500.00 with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 15. In view of the above, the following; O R D E R i) Appeal is allowed in part. ii) Appellants – claimants are entitled to enhanced compensation of Rs.3,21,500.00 with interest at the - 8 - HC-KAR CNR: KAHC010351772026 NC: 2026:KHC:36211 MFA No. 3610 of 2026 rate of 6% p.a. from date of petition till the date of realization. iii) Respondent No. 2 – Insurer is directed to deposit the enhanced compensation with interest before the Tribunal within six weeks from this day failing which it is liable to pay interest at the rate of 9% p.a. from this day till the date of payment. iv) Claimants are entitled to compensation in the ratio determined by the Tribunal. v) Claimants are entitled to release of entire enhanced compensation as per their share determined by the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 47 Ct.sm