- 1 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 568 OF 2025 (MV-D) BETWEEN: SHEELA, W/O LATE CHANDRAPPA, AGED ABOUT 58 YEARS, R/AT G. MARAHALLI VILLAGE, TQ. NANJANAGUDU, MYSURU DISTRICT. PRESENT R/AT MADAPURA VILLAGE, CHAMARAJANAGAR TALUK AND DISTRICT - 570 001. …APPELLANT (BY SRI. GAURAV G.K, ADVOCATE) AND: 1. SMT. MANJUNATHA, S/O GURUVAIAH, AGE NOT KNOWN TO APPELLANT R/AT. 24, KUPPARAVALLI VILLAGE, NANJANGUDU TALUK, MYSURU DISTRICT - 570 001 (OWNER CUM RIDER OF THE EXCEL SUPER MOTOR CUCLE BEARING NO. KA-55-Y-5063) 2. THE BRANCH MANAGER, TATA, AIG INSURANCE COMPANY LTD., 1ST FLOOR, SUNNI CENTRE NO.97 NEW KALIDAS ROAD, VIJAYA NAGARA, 1ST STAGE, MYSURU - 570 001. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 (INSURER OF THE EXCEL SUPER MOTOR CYCLE BEARING NO. KA-55-5063) …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 31.07.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2023 PASSED IN MVC NO. 323/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND C.J.M, MACT, CHAMARAJANAGARA, 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 claimant seeking enhancement of compensation awarded in the Judgment and Award dated 03.02.2023 passed in MVC No.323/2020 by Senior Civil Judge and MACT, Chamarajanagar. 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. - 3 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 3. The appellant/claimant made a claim petition seeking for award of compensation for the death of Chandrappa (husband of the claimant) in a road traffic accident occurred on 21.09.2020 contending that the accident occurred due to rash and negligent driving by the driver of Excel Super bearing registration No.KA-55-Y- 5063. 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. 11,48,650/- 2. Loss of Spouse consortium of petitioner 1 Rs. 40,000/- 3. Loss of estate Rs. 15,000/- 4. Transportation of dead body Rs. 5,000/- 5. For funeral expenses Rs. 15,000/- Total Rs. 12,23,400/- - 4 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 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 claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant would contend that, the Tribunal has not taken into consideration 10% escalation on conventional heads and prays to consider the same. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. - 5 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 9. Having heard the learned counsel for appellant/claimant and learned counsel for respondent No.2/insurer, the Court has perused the impugned Judgment and Award. 10. The claimant is the wife of the deceased and she is entitled to consortium in a sum of Rs.40,000/- with 10% escalation as per the decision of the Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. Therefore, the claimant is entitled to consortium in a sum of Rs.44,000/- as against Rs.40,000/- awarded by the Tribunal. 11. Considering all the above aspects, the claimant is entitled to enhanced compensation of Rs.4,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 12. Respondent No.2/insurer is liable to pay the enhanced compensation amount with interest. - 6 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 13. The claimant is not entitled to interest for the delay period of 626 days in filing the appeal as per order dated 31.07.2026 passed on I.A.No.1/2025. 14. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to the enhanced compensation of Rs.4,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the said enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The appellant/claimant is not entitled to interest for delay period of 626 days in filing the appeal. - 7 - HC-KAR CNR: KAHC010040572025 NC: 2026:KHC:42997 MFA No. 568 of 2025 v) The appellant/claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 16