- 1 - HC-KAR CNR: KAHC010678882024 NC: 2026:KHC:39552 MFA No. 7771 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7771 OF 2024 (MV-D) BETWEEN: 1. THYAGARAJ P S/O PONNASWAMY AGED ABOUT 67 YEARS. 2. B THARUN KUMAR S/O R BABU AGED ABOUT 23 YEARS. 3. B MOHAN S/O R BABU AGED ABOUT 19 YEARS. ALL ARE RESIDENT OF HIRIYUR NOW RESIDENT OF STADIUM ROAD CHITRADURGA - 577 501. …APPELLANTS (BY SRI PRAKASHA H C, ADVOCATE) AND: 1. P SARAVANAN S/O PONNUSWAMY R/O MURUGAN FLOOR MILL THIRUVANALLUR STREET Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010678882024 NC: 2026:KHC:39552 MFA No. 7771 of 2024 HULIYAR ROAD HIRIYUR - 577 598. (OWNER OF MOTOR CYCLE) 2. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE OPP. KSRTC BUS STAND, B .D ROAD CHITRADURGA - 577 501. 3. R BABU S/O K S RAJU AGED ABOUT 54 YEARS R/O 7TH CROSS, V. V STREET HIRIYUR - 577 598. …RESPONDENTS (BY SRI K POORNABODHA RAO, ADVOCATE FOR R2 V/O DTD. 01.08.2025 NOTICE TO R1 & R3 ARE D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.03.2024 PASSED IN MVC No.28/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT NO.IV, AT 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: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR CNR: KAHC010678882024 NC: 2026:KHC:39552 MFA No. 7771 of 2024 ORAL JUDGMENT This appeal is filed by claimant seeking enhancement of compensation awarded in the judgment and awarded dated 14.03.2024 passed in MVC No.28/2020 by I Additional Senior Civil Judge and MACT –IV, Chitradurga. 2. Heard arguments on admission. 3. Appellants -claimants made a claim petition praying to award compensation for the death of Smt. Jyothi @ Pushpa in a road traffic accident occurred on 23.01.2009 contending that the accident occurred due to the rash and negligent driving of rider of the motor cycle bearing registration No.KA-16/K-6130. Claimant No.1 is father, claimant Nos.2 and 3 are sons and respondent No.3 is the husband of deceased. The Tribunal after recording evidence of the parties and appreciating evidence on record has assessed the compensation and awarded compensation under various heads as under: Loss of dependents Rs.9,52,068/- Loss of estate Rs.15,000/- Funeral expenses Rs.15,000/- Loss of filial consortium Rs.80,000/- - 4 - HC-KAR CNR: KAHC010678882024 NC: 2026:KHC:39552 MFA No. 7771 of 2024 Loss of Parental consortium Rs.40,000/- Total Rs.11,02,068/- 4. The Tribunal has also awarded interest at rate of 6% per annum from the date of petition till realisation and directed respondent No.2 –insurer to pay the award amount with interest. Appellants have filed the present appeal seeking enhancement of the compensation. 5. The accident is of the year 2009 and for the said year the notional income fixed is Rs.5,000/- and the Tribunal has rightly taken the said notional income since proof of income has not been produced by claimants. The Tribunal has also taken into consideration of future prospects at 40% considering the age of the deceased as 28 years and also rightly applied multiplier 17 and deducted 1/3rd towards personal expenses of the deceased. The Tribunal has also rightly awarded consortium for all claimants in sum of Rs.40,000/- each and also awarded loss of estate in a sum of Rs.15,000/- - 5 - HC-KAR CNR: KAHC010678882024 NC: 2026:KHC:39552 MFA No. 7771 of 2024 and funeral expenses in a sum of Rs.15,000/-. Considering all these aspects there are no grounds for enhancement. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 47 Ct.sm