- 1 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 10467 OF 2018 (MV-D) BETWEEN: 1. SMT. RAJAMANI W/O LATE RAVI AGED ABOUT 41 YEARS, 2. KUM. SHALINI S/O LATE RAVI AGED ABOUT 26 YEARS, 3. MASTER KARTHIK S/O LATE RAVI AGED ABOUT 23 YEARS, ALL ARE R/O ARAKERE VILLAGE JAVAGAL HOBLI, ARSIKERE TALUK HASSAN DISTRICT - 573 125. …APPELLANTS (BY SRI. DAYANAND S PATIL., ADVOCATE) AND: 1. SRI. SUDHEER S/O BASAVARAJU AGED ABOUT 33 YEARS, R/O SANENAHALLI VILLAGE SALAGAME HOBLI HASSAN TALUK & DISTRICT - 573 201 (OWNER OF SWIFT CAR BEARING NO.KA-13-N-7637) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 2. RELIANCE GENERAL INSURANCE COMPANY 1ST FLOOR, N.R.CIRCLE HOLENARASIPURA ROAD HASSAN - 573 201 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. H.S. LINGARAJU., ADVOCATE FOR R2, V/O DTD: 03.12.2024 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.04.2018 PASSED IN MVC NO.1360/17 ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT, ARSIKERE, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 02.04.2018 passed in MVC No.1360/2017 on the file of the Senior Civil Judge & AMACT, Arsikere, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One Ravi met with an accident on 30.03.2017 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.10,67,000/- with interest at the rate of 9% p.a., from the date of petition till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the compensation granted by the Tribunal under the heads Loss of Dependency, Consortium, Funeral Expenses, Loss of Estate all are on lower side. He also incurred expenses towards transportation of the body to their village and funeral expenses. It is stated that Ravi was a coolie and was earning Rs.8,500/- per month and the Tribunal ought to have taken Rs.600 per day and the interest is to be granted at the rate of 18%. - 4 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 5. Though it is stated that Ravi was working as a coolie and was earning Rs.600/- per day, they have not filed any income proof. As he met with an accident in the year 2017, this Court finds that it is just and reasonable to take his notional income as Rs.11,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 45 years and the relevant multiplier taken is “14”. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 he is entitled for 25% towards future prospects and also 1/3rd is to be deducted towards personal expenses. Loss of dependency comes to Rs.11,000 + 25% x 12 x 14 – 1/3rd = Rs.15,40,000/-. Further, as per the citation of Hon’ble Supreme Court, in case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others2, petitioner No.1 is entitled for Rs.40,000/- towards spousal consortium. Further, petitioner Nos.2 and 1 (2017) 16 SCC 680 2 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 3 are entitled for an amount of Rs.40,000/- by each of them towards parental consortium and they are also entitled for Rs.30,000/- under the Conventional head. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.10,67,000/- to Rs.16,90,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 15,40,000 2 Towards loss of consortium 120000 3 Conventional heads 30,000 Total 16,90,000 - 6 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 ii. The judgment and award dated 02.04.2018 passed in MVC No.1360/2017 on the file of the Senior Civil Judge & AMACT, Arsikere, is modified. iii. The claimants are entitled to a sum of Rs.16,90,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.10,67,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.6,23,000/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:34300 MFA No. 10467 of 2018 v. On such deposit, petitioner No.1/the wife of the deceased is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 26.06.2025, the delay of 150 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 2 Sl No.: 19