- 1 - HC-KAR CNR: KAHC010300292024 NC: 2026:KHC:39240 MFA No. 3657 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3657 OF 2024 (MV-D) BETWEEN: 1. B.G. APPAJIGOWDA S/O JAVAREGOWDA, AGED ABOUT 38 YEARS, 2. B.G. HANUMATHEGOWDA S/O JAVAREGOWDA, AGED ABOUT 31 YEARS, BOTH ARE RESIDING AT R/O. S. BOMMADIHALLI VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 115. …APPELLANTS (BY SRI. SOMASHEKARA K.M., ADVOCATE) AND: 1. H.S. MANJUNATHACHAR S/O SHESHACHARI, AGED ABOUT 60 YEARS, R/O. HANGARAVALLI VILLAGE, ALDUR HOBLI AND POST, CHIKCKMAGALURU TALUK AND DISTRICT. 2. UNITED INDIA INSURANCE COMPANY LIMITED CRSECNE COURT, 1ST FLOOR, K.M. ROAD, CHICKMAGALURU - 577 101. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010300292024 NC: 2026:KHC:39240 MFA No. 3657 of 2024 REP. ITS BRANCH MANAGER. (POLICY NO.2414003121P104611629 VALID FROM 14-08-2021 TO 13-08-2022) …RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR R2; VIDE ORDER DATED 05.01.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2023 PASSED IN MVC NO.1008/2022 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN, 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 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 02.12.2023 passed in MVC No.1008/2022 by Senior Civil Jude and MACT, Belur. 2. The appellants/claimants made a claim petition seeking for award of compensation for the death of their father - Javaregowda in a road traffic accident occurred on - 3 - HC-KAR CNR: KAHC010300292024 NC: 2026:KHC:39240 MFA No. 3657 of 2024 13.02.2022 contending that the accident occurred due to rash and negligent driving by the driver of Mahindra Jeep bearing registration No.KA-18-M-2980. 3. 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 Estate Rs. 16,500/- 2. Funeral expenses Rs. 16,500/- 3. Loss of Parental consortium to petitioner Nos.1 and 2 Rs. 88,000/- 4. Medical expenses Rs. 3,000/- 5. Loss of dependency to petitioners Rs. 4,65,000/- Total Rs. 5,89,000/- 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimants - 4 - HC-KAR CNR: KAHC010300292024 NC: 2026:KHC:39240 MFA No. 3657 of 2024 have filed the present appeal seeking enhancement of compensation awarded by the Tribunal. 5. Heard the arguments on admission. 6. The claimants are two major sons of the deceased. The deceased was aged sixty seven (67) years as on the date of accident. Claimant No.2 was working as a Police Official and considering the same, the Tribunal has rightly held that he was not dependent on the deceased. The Tribunal has considered that claimant No.1 even though he is a major and doing agriculture has considered him as dependant upon the income of the deceased. 7. The Tribunal considering the age of the deceased sixty seven (67) years has rightly assessed the income at Rs.15,500/- p.m. Considering the claimant No.1 was the only dependent on the deceased, the Tribunal has rightly deducted 50% towards personal expenses of the deceased. The said deduction of 50% towards personal expenses is also in accordance with the decision of Hon'ble - 5 - HC-KAR CNR: KAHC010300292024 NC: 2026:KHC:39240 MFA No. 3657 of 2024 Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED vs. BIRENDER AND OTHERS reported in (2020) 11 SCC 356. The Tribunal considering the age of the deceased as sixty seven (67) years has rightly applied multiplier '12'. 8. Considering these aspects, the Tribunal has rightly calculated loss of dependency. The Tribunal has also awarded compensation under conventional heads by taking 10% escalation and also awarded consortium to both the claimants. 9. Considering all these aspects, there are no grounds made out to admit the appeal. 10. Accordingly, the Miscellaneous First Appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 45