- 1 - HC-KAR NC: 2026:KHC:33610 MFA No. 7138 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7138 OF 2022(MV-D) BETWEEN: 1. SMT. SALMA W/O LATE SYED GAFFAR K.S. AGED ABOUT 48 YEARS, 2. KUMARI ARBEENA D/O LATE SYED GAFFAR K.S. AGED ABOUT 20 YEARS R/A KESTHRU VILLAGE AND POST ATHAGURU HOBLI MADDUR TALUK-571429 3. SRI SYED GAFFAR K S S/O LATE SYED IMRAN HAS BEEN EXPIRED ON 25-07-2022 AFTER THE JUDGEMENT AND AWARD PASSED BY THE TRIAL COURT AND HIS LEGAL REPRESENTATIVES ARE APPELLANT NO.1 AND 2. …APPELLANTS (BY SRI. TEJAS N., ADVOCATE) AND: 1. SRI SRIRAM L., S/O LAKSHMI NARAYANA AGED MAJOR R/A PARIWAR RESIDENCY Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33610 MFA No. 7138 of 2022 FLAT 1-32, IST CROSS 2ND PHASE, ANUGRAHA LAYOUT BILLENAHALLI BANGALORE-560076 (OWNER OF I-20 SPORTS(HYUNDAI BEARING REGISTRATION NO.KA-51-MJ-7102) 2. THE MANAGER LIBERTY VIDEOCON GENERAL INSURANCE LTD NO.1, ALYSSA, IST FLOOR REAR PORTION, OLD NO.28 NEW NO.23 RICHMOND ROAD RICHMOND TOWN BANGALORE-560025 (POL NO.201150020118800416602000 VALID FROM 21-10-2018 TO 20-10-2019) …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.05.2022 PASSED IN MVC NO.5534/2019 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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: - 3 - HC-KAR NC: 2026:KHC:33610 MFA No. 7138 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The appeal is filed seeking for enhancement of compensation. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 13.08.2019, Syed Arfath, a 19 years old died. 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. 4. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of one Syed Arfath. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 15,12,000/- 2. Loss of future prospects 6,04,800/- - 4 - HC-KAR NC: 2026:KHC:33610 MFA No. 7138 of 2022 3. Loss of consortium 40,000/- 4. Loss of love and affection 25,000/- 5. Funeral expenses 15,000/- 6. Transport of dead body 5,000/- 7. Medical bills 64,425/- Total 22,66,225/- 4. Having regard to the facts and circumstances of the case, the nature of the loss suffered by the claimants on account of the death of the deceased and the overall compensation awarded under the various heads, this Court is of the considered view that, instead of enhancing the compensation under each individual head, it would be just and appropriate to award an additional global compensation of Rs.1,00,000/- over and above the sum awarded by the Tribunal. Consequently, the claimants shall be entitled to a total compensation of Rs.23,66,225/- as against Rs.22,66,225/- awarded by the Tribunal, together with interest at the rate of 6% per annum from the date of the claim petition till the date of realization. - 5 - HC-KAR NC: 2026:KHC:33610 MFA No. 7138 of 2022 5. The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 6. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. Sd/- (RAJESH RAI K) JUDGE TMP List No.: 1 Sl No.: 45