- 1 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 90 OF 2025 (MV-D) BETWEEN: 1. SMT GEETHA B. W/O LATE CHIKKARAJU, AGED ABOUT 35 YEARS, 2. GOWTHAM S/O LATE CHIKKARAJU, AGED ABOUT 15 YEARS, 3. PREETHAM S/O LATE CHIKKARAJU, AGED ABOUT 13 YEARS, SINCE THE APPELALNTS 2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER 1ST APPELLANT SMT. GEETHA 4. SMT. CHIKKAMMA S/O LATE CHANNABASAVAIAH, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT: R/AT MUNIYAPPANADODDI VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANGARA DISTRICT. …APPELLANTS (BY SRI. RAJU S., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 AND: 1. SRI NANDISH S. S/O SHIVALINGAIAH, MAJOR, R/AT: KEELARA VILLAGE AND POST, KEREGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT. 2. ACKO GENERAL INSURANCE CO. LTD., NO. 36-05-HOSTEL HUB, 1-EAST, SOMASANDRA PALYA, 27TH MAIN, 2ND SECTOR, HSR LAYOUT, BENGALURU - 560 002. REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. ANUP SEETHARAMA RAO, ADVOCATE FOR R2; VIDE ORDER DATED 05.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.11.2024 PASSED IN MVC NO.181/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 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 20.11.2024 passed in MVC No.181/2021 by Senior Civil Judge and JMFC and Additional MACT, Channapatna. 2. The appellants/claimants made a claim petition seeking for award of compensation for the death of Chikkaraju (husband of claimant No.1, father of claimant Nos.2 and 3 and son of claimant No.4) in a road traffic accident occurred on 03.01.2021 contending that the accident occurred due to rash and negligent driving by the driver of TVS Apachi Motorcycle bearing registration No.KA-11-EJ-3087. 3. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, - 4 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of Dependency Rs. 28,35,000/- 2. Loss of Estate Rs. 15,000/- 3. Loss of Consortium Rs. 40,000/- 4. Funeral expenses Rs. 15,000/- Total Rs. 29,05,000/- 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed the respondents to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. 5. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer. 6. Learned counsel for the appellants would contend that, the claimants are wife, two children and mother of the deceased and they are entitled to consortium and the Tribunal has awarded only Rs.40,000/- - 5 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 towards consortium. He further submits that, the Tribunal has not taken into consideration 10% escalation on conventional heads as per 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. With these, he prayed to allow the appeal. 7. 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. He further contended that, as per Aadhar Card, the date of birth of the deceased is 01.01.1980 and his age will be forty one (41) years as on the date of accident i.e., 03.01.2021 and the Tribunal has erred in taking the age of deceased as forty (40) years. As the age of the deceased is forty one (41) years, the multiplier applicable is '14' instead of '15' applied by the Tribunal. With these, he prayed for dismissal of the appeal. - 6 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 8. Having heard the learned counsel for appellants and learned counsel for respondent No.2/insurer, the Court has perused the Judgment, Award and Trial Court records. 9. Claimant No.1 is wife, claimant Nos.2 and 3 are sons and claimant No.4 is mother of the deceased and each of the claimants are entitled to consortium of Rs.40,000/- with 10% escalation as per 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 Tribunal has only awarded Rs.40,000/- towards loss of consortium. The claimants are entitled to consortium in a sum of Rs.1,76,000/- (Rs.44,000 X 4). 10. The Tribunal has not taken into consideration 10% escalation on loss of estate and funeral expenses. Therefore, the claimants are entitled to loss of estate in a sum of Rs.16,500/- as against Rs.15,000/- and funeral - 7 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 expenses in a sum of Rs.16,500/- as against Rs.15,000/- awarded by the Tribunal. 11. The contention of the learned counsel for respondent No.2/insurer regarding the age of deceased cannot be take into consideration in the appeal filed by the claimant seeking enhancement and if it is considered, it will reduce the compensation awarded. 12. 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. 28,35,000/- 2. Loss of Estate Rs. 16,500/- 3. Loss of Consortium Rs. 1,76,000/- 4. Funeral expenses Rs. 16,500/- Total Rs. 30,44,000/- 13. The claimants are entitled to total compensation of Rs.30,44,000/- as against Rs.29,05,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. - 8 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 14. Consequently, the claimants are entitled to enhanced compensation of Rs.1,39,000/- (30,44,000 - 29,05,000) with interest at the rate of 6% per annum from the date of petition till realisation. 15. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 16. 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.1,39,000/- 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% - 9 - HC-KAR CNR: KAHC010001692025 NC: 2026:KHC:38363 MFA No. 90 of 2025 per annum from this day till date of payment. iv) The share among the claimants as determined by the Tribunal remains unaltered. v) Claimant Nos.1 and 4 are entitled to release of enhanced compensation with interest of their share as determined by the Tribunal. vi) The share of claimant Nos.2 and 3, minors, is ordered to be kept in Fixed Deposit in any Nationalised Bank till they attains the age of majority. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 24