- 1 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 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. 9113 OF 2025 (MV-D) BETWEEN: 1. SRI. JAGADISHAPPA J. S/O LATE SANNA JUNJAPPA, AGED ABOUT 59 YEARS, 2. SMT. N.S. INDIRAMMA W/O JAGADISHAPPA J., AGED ABOUT 55 YEARS, 3. SRI. PRABHUKUMAR J. D/O JAGADISHAPPA J., AGED ABOUT 38 YEARS, 4. KUM. S.A. JANAVI D/O LATE ARJUN J., AGED ABOUT 7 YEARS, 5. KUM. ANKITHA S.A. D/O LATE ARJUN J. AGED ABOUT 6 YEARS, 6. MASTER DEEPAK S.A. S/O LATE ARJUN J. AGED ABOUT 3 YEARS, ALL ARE R/AT NO.56, MAIN ROAD, SIDDAPURA GRAMA, JAVOUR POST, AJJAMPURA TALUK, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 CHIKKAMAGALURU DISTRICT. PETITIONER NOS.4 TO 6 ARE REP. BY THEIR NATURAL GUARDIAN SRI. JAGADISHAPPA J., GRAND FATHER OF PETITIONER NOS.4 TO 6. …APPELLANTS (BY SRI. RUDRESH H.B., ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO. LTD., HAVING ITS OFFICE AT: REGIONAL OFFICE, 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, BANGALORE - 560 002. (INSURANCE POLICY NO .2404023123p114811451) (VALID FROM 10.02.2024 TO 09.02.2025) 2. SRI. MANJUNATHA V.S. S/O SIDDAPPA, AGED MAJOR, R/AT GOPPENAHALLI AT POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …RESPONDENTS (BY SRI. PRAKASH T.S., ADVOCATE FOR R2; SRI. BENNI RAVISH CHANDRASHEKAR.,ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2025 PASSED IN MVC NO.5868/2024 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 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 01.07.2025 passed in MVC No.5868/2024 by III Additional Judge, Court of Small Causes and Member, MACT, , Bengaluru. 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.1 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 Arjun J., in a road traffic accident occurred on 27.03.2024 contending that the accident occurred due to rash and negligent driving by the driver of Mahindra Bolero vehicle bearing registration No.KA-17/MA-4393. The claimants are - 4 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 father, mother, brother, two daughters and son of the deceased. 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 dependency Rs. 31,18,500/- 2. Towards loss of consortium Rs. 2,20,000/- 3. Towards loss of estate Rs. 16,500/- 4. Towards funeral and obsequies ceremony expenses. Rs. 16,500/- Total Rs. 33,71,500/- 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 No.1/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. - 5 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 6. Heard the learned counsel for appellants and learned counsel for respondent No.1/insurer and learned counsel for respondent No.2. 7. Learned counsel for the appellants would contend that, the accident occurred on 27.03.2024 and as on the date of accident, the deceased was aged thirty six (36) years. The Tribunal has taken the notional income at Rs.16,500/- and as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the said year is Rs.17,000/- and each of the claimants are entitled to consortium at Rs.40,000/- each with 20% escalation and the Tribunal has awarded only Rs.2,20,000/-. 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, each of the claimants are entitled to escalation at 20% on loss of estate, funeral expenses and transportation of dead body as against 10% escalation - 6 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 awarded by the Tribunal. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.1 and learned counsel for respondent No.2 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. 9. Having heard the learned counsel for appellants, learned counsel for respondent No.1/insurer and learned counsel for respondent No.2, the Court has perused the Judgment and Award. 10. The accident occurred on 27.03.2024 and as on the date of accident, the deceased was aged thirty six (36) years. The Tribunal as taken the notional income at Rs.16,500/- as the claimants have not established the income of the deceased. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- and the - 7 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 same is to be taken as against Rs.16,500/- taken by the Tribunal. 11. The Tribunal has rightly taken future prospects at 40%, deducted 1/4th towards personal expenses of the deceased and applied multiplier '15'. In view of the same, loss of dependency is calculated as under: Rs.17,000/- + 40% (Rs.6,800/-) = Rs,23,800/- - 1/4th = Rs.17,850/- X 12 X 15 = Rs.32,13,000/-. 12. The Tribunal has only taken the escalation at 10% 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, escalation on conventional heads is 10% every three years. The accident occurred after six years of 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. Therefore, the escalation is to be taken at 20%. In view of the same, - 8 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 the claimants are entitled to loss of consortium in a sum of Rs.2,40,000/- as against Rs.2,20,000/- awarded by the Tribunal. 13. The claimants are entitled to loss of estate in a sum of Rs.18,000/- as against Rs.16,500/- awarded by the Tribunal and funeral expenses in a sum of Rs.18,000/- as against Rs.16,500/- awarded by the Tribunal. 14. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Towards loss of dependency Rs. 32,13,000/- 2. Towards loss of consortium Rs. 2,40,000/- 3. Towards loss of estate Rs. 18,000/- 4. Towards funeral and obsequies ceremony expenses. Rs. 18,000/- Total Rs. 34,89,000/- 15. The claimants are entitled to total compensation of Rs.34,89,000/- as against Rs.33,71,500/- awarded by - 9 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 16. Consequently, the claimants are entitled to enhanced compensation of Rs.1,17,500/- (Rs.34,89,000/- - Rs.33,71,500/-) with interest at the rate of 6% per annum from the date of petition till realisation. 17. Respondent No.1/insurer is liable to pay enhanced compensation amount with interest. 18. 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.1,17,500/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.1/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period - 10 - HC-KAR CNR: KAHC010790602025 NC: 2026:KHC:38863 MFA No. 9113 of 2025 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 share of compensation among the appellants/claimants as determined by the Tribunal remains unaltered. v) The appellants/claimants are entitled to release of their share in the entire enhanced compensation with interest except claimant Nos.4, 5 and 6 (minors). vi) The share of enhanced compensation in respect of claimant Nos.4, 5 and 6 (minors) is ordered to be kept in Fixed Deposit in any Nationalised Bank till they attains majority. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 49