- 1 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3548 OF 2024 (MV-D) BETWEEN: 1. SMT. SUSHEELAMMA W/O LATE SURESHA, AGED ABOUT 47 YEARS, 2. SANNA SURAIAH S/O LATE SURESHA, AGED ABOUT 26 YEARS, 3. SMT. MANJAMMA D/O LATE SURESHA, AGED ABOUT 21 YEARS, 4. SMT. SURAMMA S/O MAKALA SURAIAH, AGED ABOUT 62 YEARS, 5. SURAIAH @ MAKALA SURAIAH S/O LATE SNANNA SURAIAH, AGED ABOUT 67 YEARS, ALL ARE PERMANENT RESIDENCE OF HIREHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT. APPELLANT NOS.1 TO 3 NOW RESIDING AT BANGARAKKANAHALLI VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 501. …APPELLANTS (BY SRI. SATHISHA T., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 AND: 1. H. DHANANJAYA S/O H. HONNURAPPA, MAJOR, JAYANTHI NAGAR, HIREKEREHALLY VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 501. OWNER OF THE ASHOKA LEYLAND AND GOODS CARRIER VEHICLE BEARING REG NO.KA-16/C-5355. 2. THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., NO.25/1, 2ND FLOOR, BLDG NO.2, SHANKARANARAYANA BUILDING, M G ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 01.07.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.12.2023 PASSED IN MVC NO.470/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL UDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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 CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 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 06.12.2023 passed in MVC No.470/2022 by II Additional Senior Civil Judge and Additional MACT-V, Chitradurga. 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellants and learned counsel for respondent No.2, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Suresha in a road traffic accident occurred on 23.03.2022 contending that the accident occurred due to rash and negligent driving by the driver of lorry bearing registration No.KA-16/C-5355. - 4 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 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. 21,93,672/- 2. Towards loss of estate Rs. 15,000/- 3. Towards filial consortium Rs. 1,20,000/- 4. Transportation of dead body and Funeral expenses Rs. 15,000/- 5. Spousal consortium Rs. 40,000/- Total Rs. 23,83,672/- 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 No.2/insurer 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. - 5 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 7. Learned counsel for the appellants would contend that, the accident occurred in the year 2022 and for the said year, the notional income fixed is Rs.15,500/- and the Tribunal has erred in taking the income at Rs.15,000/-. The claimants are wife, two children, father and mother of the deceased and each of them are entitled to consortium at Rs.40,000/- each 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. 8. The Tribunal even though awarded loss of estate and funeral expenses and transportation of dead body in a sum of Rs.15,000/- each, but has not taken into consideration the escalation at 10%. With these, he prayed to allow the appeal. 9. 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 - 6 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 enhancement. With these, he prayed for dismissal of the appeal. 10. Having heard the learned counsel for appellants and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award. 11. The accident occurred on 23.03.2022 and as on the date of accident, the deceased was aged forty eight (48) years. The claimants are wife, two children, father and mother of the deceased. The notional income fixed for the year 2022 by the Karnataka State Legal Services Authority is Rs.15,500/- and the Tribunal has erred in taking the income at Rs.15,000/-. Therefore, the income of the deceased is to be taken at Rs.15,500/-. 12. The Tribunal has rightly added 25% future prospects, deducted 1/4th towards personal expenses of the deceased and applied multiplier '13'. In view of the same, loss of dependency is calculated as under: - 7 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 Rs.15,500/- + 25%(3,875) = Rs.19,375/- - 1/4th = Rs.14,531/- X 12 X 13 = Rs.22,66,836/- 13. The claimants are wife, two children, mother and father of the deceased and each of them are entitled to consortium at Rs.40,000/- with 10% escalation. The Tribunal has awarded only Rs.1,60,000/- towards consortium. Therefore, the claimants are entitled to consortium in a sum of Rs.2,20,000/- (44,000 X 5). 14. The Tribunal has awarded funeral expenses and transportation of dead body at Rs.15,000/- and loss of estate at Rs.15,000/-, but has not taken into consideration 10% escalation. The claimants are entitled to funeral expenses and transportation of dead body at Rs.16,500/- as against Rs.15,000/- awarded by the Tribunal and loss of estate at Rs.16,500/- as against Rs.15,000/- awarded by the Tribunal. 15. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: - 8 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 Sl. No. Particulars Amount 1. Loss of dependency Rs. 22,66,836/- 2. Loss of estate Rs. 16,500/- 3. Loss of consortium Rs. 2,20,000/- 4. Transportation of dead body and Funeral expenses Rs. 16,500/- Total Rs. 25,19,836/- 16. The claimants are entitled to total compensation of Rs.25,19,836/- as against Rs.23,83,672/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 17. Consequently, the claimants are entitled to enhanced compensation of Rs.1,36,164/- (Rs.25,19,836/- - Rs.23,83,672/-) with interest at the rate of 6% per annum from the date of petition till realisation. 18. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 19. In view of the above, the following: - 9 - HC-KAR CNR: KAHC010295532024 NC: 2026:KHC:38864 MFA No. 3548 of 2024 ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.1,36,164/- 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% per annum from this day till date of payment. iv) The appellants/claimants are entitled to release of entire enhanced compensation with interest in the ratio of 60:10:10:10:10. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 41