- 1 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 8182 OF 2023 (MV-D) BETWEEN: 1. H.S. ROOPAVANI W/O LATE CHIDANANDA M.B. NOW AGED ABOUT 33 YEARS, 2. KISHOR C. GOWDA S/O LATE CHIDANANDA, NOW AGED ABOUT 6 YEARS, MINOR BY NATURAL GUARDIAN HIS MOTHER H.S.ROOPAVANI BOTH ARE R/O B. MUDDAENAHALLY VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKUR DISTRICT - 572 214, NOW R/O HALLI THIMMALAPURA VILLAGE, HANDANAKERE HOBLI, C.N.HALLY TALUK, TUMAKURU DISTRICT - 572 214. …APPELLANTS (BY SRI. CHANDRASHEKARA K.A., ADVOCATE) AND: 1. KHALEL BASHA S/O SATHAR, NOW AGED ABOUT 32 YEARS, R/O MATHIGATTA VILLAGE, HANDANAKERE HOBLI, C.N.HALLY TALUK, TUMAKURU DISTRICT - 572 21. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 2. THE ORIENTAL INSURANCE COMPANY LTD., GURUKULA COMPLEX, TIPTUR, TUMAKURU DISTRICT - 572 21. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 22.07.2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.05.2023 PASSED IN MVC NO.326/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., XIX MACT, CHIKKANAYAKANAHALLI, 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 the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 09.05.2023 passed in MVC No.326/2022 by Senior Civil Judge and JMFC, XIX MACT, Chikkanayakanahalli. 2. Even though the matter is listed today for orders/admission, with the consent of both the learned - 3 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 counsel for appellants and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Chidananda in a road traffic accident occurred on 27.10.2021 contending that the accident occurred due to rash and negligent driving by the driver of Bulero vehicle bearing registration No.KA-12-P-7193. The claimant No.1 is wife of the deceased and claimant No.2 is minor son of the deceased. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of dependency Rs. 21,00,000/- 2. Funeral expenses Rs. 15,000/- 3. Loss of consortium Rs. 40,000/- 4. Loss of estate Rs. 15,000/- Total Rs. 21,70,000/- - 4 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent Nos.1 and 2 are jointly and severally to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellants would contend that, the claimants are wife and minor son of the deceased and therefore, each of them are entitled to consortium in a sum of Rs.40,000/- with 10% escalation in view of the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. The claimants are also entitled to escalation on loss of estate and funeral expenses as it is not taken into consideration by the Tribunal even though the compensation awarded - 5 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 towards funeral expenses and loss of estate. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard both the learned counsel for appellants and learned counsel for respondent No.2insurer, the Court has perused the Judgment and Award. 10. Claimant No.1 is wife of the deceased and claimant No.2 is minor son of the deceased. The Tribunal has awarded consortium in a sum of Rs.40,000/-. Both the claimants are entitled to consortium in a sum of Rs.40,000/- each with 10% escalation since the accident occurred after three years of the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY - 6 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. The Tribunal has awarded funeral expenses of Rs.15,000/- and loss of estate of Rs.15,000/- but not added 10% escalation. Therefore, the claimants are entitled to funeral expenses at Rs.16,500/- and loss of estate of Rs.16,500/-. The claimants are entitled to loss of consortium in a sum of Rs.88,000/- (44,000 X 2). 11. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of dependency Rs. 21,00,000/- 2. Funeral expenses Rs. 16,500/- 3. Loss of consortium Rs. 88,000/- 4. Loss of estate Rs. 16,500/- Total Rs. 22,21,000/- 12. The claimants are entitled to total compensation of Rs.22,21,000/- as against Rs.21,70,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. - 7 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 13. Consequently, the claimants are entitled to enhanced compensation of Rs.51,000/- (22,21,000 - 21,70,000) with interest at the rate of 6% per annum from the date of petition till realisation. 14. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 15. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.51,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% - 8 - HC-KAR CNR: KAHC010649772023 NC: 2026:KHC:37791 MFA No. 8182 of 2023 per annum from this day till date of payment. iv) The share among the claimants as determined by the Tribunal remains unaltered. v) The share of compensation of claimant No.2 is ordered to be kept in Fixed Deposit in any Nationalised Bank till he attains the age of majority. vi) Claimant No.1 is entitled to release of her share in the enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 3