- 1 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 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. 151 OF 2025 (MV-D) BETWEEN: 1. SMT. PADMAVATHI WIFE OF LATE BASAVARAJU, AGED ABOUT 39 YEARS, RESIDING AT CARE OF SHIVAMADEGOWDA, NERALAKERE VILLAGE, ARKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 415. AND ALSO AT SRP ROAD, THYARAJA MOHALLAM BANNUR TOWN, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 101. 2. KUM. RAMYA DAUGHTER OF LATE BASAVARAJU, AGED ABOUT 15 YEARS, RESIDING AT CARE OF SHIVAMADEGOWDA, NERALAKERE VILLAGE, ARKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 415. AND ALSO AT SRP ROAD, THYARAJA MOHALLAM BANNUR TOWN, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 101. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN/MOTHER SMT. PADMAVATHI W/O. LATE BASAVARAJU. …APPELLANTS (BY SRI. PUNITH C., ADVOCATE) AND: 1. SMT. LAKSHMI DAUGHTER OF LATE KOLLAPPA, WIFE OF THIMMAPPA, AGED MAJOR, RESIDING AT MADRASANA KOPPA VILLAGE, HOSUR POST, SAGARA TALUK, SHIVAMOGA DISTRICT - 577 401. 2. SMT. JAYAMMA DAUGHTER OF LATE KOLLAPPA, AGED MAJOR, RESIDING AT MADRASANA KOPPA VILLAGE, HOSUR POST, SAGARA TALUK, SHIVAMOGA DISTRICT - 577 401. 3. THE BRANCH MANAGER IFFCO TOKKIO GENERAL INSURANCE COMPANY LTD., 35, 1ST FLOOR, NEAR AKSHAYA BANDARA, NEW KANTHARAJE URS ROAD, KUVEMPUNAGAR, MYSORE - 570 023. 4. SRI. DEVEGOWDA S/O. CHANNEGOWDA, AGED MAJOR, RESIDING AT KALENAHALLI VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 415. - 3 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 5. THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD., 13/2, 2ND MAIN TEMPLE STREET, V.V.MOHALLA, MYSORE DISTRICT - 570 023. 6. SRI. BASAVARAJU SON OF BASAVAEGOWDA, AGED MAJOR, RESIDING AT BEEDANAHALLI VILLAGE, BANNURU HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 101. 7. SMT. NAGAMMA WIFE OF LATE HANUMANTHEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT CARE OF SHIVAMADEGOWDA, NERALAKERE VILLAGE, ARKERE HOBLI, SRIRANAPATNA TALUK, MANDYA DISTRICT - 571 415. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R3; SRI. C.R. RAVISHANKAR, ADVOCATE FOR R5; VIDE ORDER DATED 21.03.2025, NOTICE TO R1, R2, R4, R6 AND R7 IS DISPENSES WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.12.2023 PASSED IN MVC NO.840/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGPATNA, 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: - 4 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 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 19.12.2023 passed in MVC No.840/2018 by Principal Senior Civil Judge and Member, MACT, Srirangapatna. 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellants, learned counsel for respondent No.3 and learned counsel for respondent No.5, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Basavaraju in a road traffic accident occurred on 12.06.2018 contending that the accident occurred due to rash and negligent driving by the driver of Tractor bearing - 5 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 registration No.KA-15-T-9018 and Trailer bearing registration No.KA-11-T-9353. 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. Towards loss of income from deceased Rs. 21,01,404/- 2. Towards funeral expenses, transportation charges, consortium, loss of estate Rs. 70,000/- 3. Towards escalation Rs. 7,000/- Total Rs. 21,78,404/- (Rounded off to Rs.21,78,500/-) 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.3 and 5 to pay the compensation awarded at the rate of 50% each. The claimants have filed the present appeal seeking enhancement of compensation. - 6 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 6. Heard the learned counsel for appellants, learned counsel for respondent No.3/insurer and learned counsel for respondent No.5/insurer. 7. Learned counsel for the appellants would contend that, the accident occurred on 12.06.2018 and as on the date of accident, the deceased was aged thirty (30) years. The Tribunal has taken the income of the deceased at Rs.11,033/- based on minimum wages. The Tribunal ought to have taken the notional income fixed for the year 2018 as per the chart prepared by the Karnataka State Legal Services Authority of Rs.12,500/-. 8. The Tribunal has taken the future prospects at 40% and deducted 1/3rd towards personal expenses and applied multiplier '17'. He further submits that the claimants are wife, daughter and mother of the deceased and each of them are entitled to consortium in a sum of Rs.40,000/- each and the Tribunal has awarded only - 7 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 consortium in a sum of Rs.40,000/-. With these, he prayed to allow the appeal. 9. Learned counsel for respondent No.3 and learned counsel for respondent No.5 would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, they prayed for dismissal of the appeal. 10. Having heard the learned counsel for appellants, learned counsel for respondent No.3/insurer and learned counsel for respondent No.5/insurer, the Court has perused the Judgment and Award. 11. The accident occurred on 12.06.2018 and as on the date of accident, the deceased was aged thirty (30) years. The Tribunal has taken the income of the deceased at Rs.11,033/- based on minimum wages. The notional income fixed for the year 2018 by the Karnataka State Legal Services Authority is Rs.12,500/- and the said - 8 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 income is to be taken as against Rs.11,033/- taken by the Tribunal. 12. The Tribunal has rightly taken the future prospects at 40%, deducted 1/3rd towards personal expenses and applied multiplier '17'. In view of the same, loss of dependency is calculated as under: Rs.12,500/- + 40% (5,000) = Rs.17,500/- - 1/3rd = Rs.11,667/- X 12 X 17 = Rs.23,80,068/- 13. The Tribunal has awarded consortium, funeral expenses and loss of estate together in a sum of Rs.70,000/- with 10% escalation. Since the accident occurred in the year 2018, the claimants are not entitled to escalation. The claimants being wife, daughter and mother of the deceased, each of them are entitled to consortium in a sum of Rs.40,000/- each i.e., Rs.1,20,000/- (40,000 X 3). - 9 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 14. The claimants are entitled to funeral expenses in a sum of Rs.15,000/- and loss of estate in a sum of Rs.15,000/-. 15. 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. 23,80,068/- 2. Loss of estate Rs. 15,000/- 3. Loss of consortium Rs. 1,20,000/- 4. Funeral expenses Rs. 15,000/- Total Rs. 25,30,068/- 16. The claimants are entitled to total compensation of Rs.25,30,068/- as against Rs.21,78,500/- 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.3,51,568/- (Rs.25,30,068/- - 10 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 - Rs.21,78,500/-) with interest at the rate of 6% per annum from the date of petition till realisation. 18. Respondent Nos.3 and 5/insurers are liable to pay enhanced compensation amount with interest. 19. 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.3,51,568/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent Nos.3 and 5/insurers shall deposit 50% each of 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. - 11 - HC-KAR CNR: KAHC010004872025 NC: 2026:KHC:38865 MFA No. 151 of 2025 iv) The appellants/claimants are entitled to release of entire enhanced compensation with interest in the ratio as determined by the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 46