- 1 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.2976 OF 2022(MV-D) BETWEEN: 1. SMT MAHADEVAMMA W/O LATE MADEGOWDA AGED 53 YEARS, R/AT CHANNAPILLE KOPPALU VILLAGE, SUJJALURU, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 2. SRI CHANNAIAH S/O LATE MADEGOWDA AGED 38 YEARS, R/AT CHANNAPILLE KOPPALU VILLAGE, SUJJALURU, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 3. SMT.CHANNAMMA D/O LATE MADEGOWDA AGED 43 YEARS, R/AT CHANNAPILLE KOPPALU VILLAGE, SUJJALURU, MALAVALLI TALUK, MANDYA DISTRICT-571 424. …APPELLANTS (BY SRI. BHANU PRAKASH H V.,ADVOCATE) AND: 1. SRI PRAVEENKUMAR S/O NARASIMHAMURTHY AGED 51 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 R/AT NO.48, NEW NO.90, BRI COLONY, GUNDURAO BUILDING, AGRAHARA DASARAHALLI, BANGALORE-560079 (OWNER OF CAR BEARING NO.KA-02-AF-9231) 2. THE DIVISIONAL MANAGER HDFC GENERAL INSURANCE COMPANY LIMITED MYSORE TRADE CENTRE, 2ND FLOOR, B.N.ROAD, OPP. KSRTC BUS STAND, MYSURU-570001 POLICY NO.2313202645581100000 VALID FROM 11-02-2019 TO 10-02-2020 (INSURER OF CAR BEARING NO.KA-02-AF-9231) 3. SMT.PUTTAMADAMMA W/O KRISHNAPPA AGED 48 YEARS, R/AT NO.17, 3RD MAIN, NEAR KADAPASWAMY MATT, BHUVANESHWARINAGARA, BANGALORE NORTH-560023 4. SMT.SIDDAMMA W/O SHIVANNA, AGED 42 YEARS, R/AT NO.17, 3RD MAIN, NEAR KADAPASWAMY MATT, BHUVANESHWARINAGARA, BANGALORE NORTH-560023 …RESPONDENTS (BY SRI. PRADEEP B.,ADVOCATE) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.11.2021 PASSED IN MVC NO.1349/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM - 3 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M NADAF) This appeal is by the Claimants for enhancement of compensation arising out of the Judgment and award dated 09.11.2021 passed by the III Addl. District Judge & Member Accident Claims Tribunal, Mysuru (for short, 'the Tribunal') in M.V.C No.1349/2019. 2. The parties are referred to as per their ranking before the Tribunal, for the sake of convenience. 3. The date of accident, involvement of vehicle, death of Late Madegowda and liability to pay compensation are not in dispute. The only dispute is with respect of quantum of compensation. - 4 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 4. Heard, Sri.Bhanu Prakash.H.V, learned counsel appearing for the appellants-claimants, Sri.Pradeep.B, learned counsel appearing for respondent No.2 - Insurer and Sri.Anil Babu, learned counsel appearing for respondents 3 and 4. Vide order dated 21.06.2024, notice to respondent No.1 is dispensed with. 5. On three points, Sri.Bhanu Prakash.H.V, argued the matter for enhancement. Firstly, the year of accident was 2019 and as per the chart prepared by the Karnataka State Legal Services Authority, monthly income fixed for the accident occurred in 2019 is Rs.14,000/-, however the Tribunal has taken the income of the deceased as Rs.11,000/-. Hence, the income under the chart must have been considered by the Tribunal. Secondly, the Tribunal has failed to consider that the deceased was a married person and in view of the law laid down by the Hon'ble Apex Court in SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1, 1 2009 (6) SCC 121 - 5 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 the Tribunal should have deducted personal expenses at 1/3rd as against 50%. Thirdly, the Tribunal has awarded compensation under the Filial Consortium only to claimant No.1 and failed to award the same to claimant Nos.2 and 3. Learned counsel further submits that the claimants are also entitled for 10% escalation on the compensation awarded under the Conventional Heads. He also submits that the multiplier applied by the Tribunal is wrong. The proper multiplier ought to have been applied is 7 since the deceased was aged 65 years as on the date of accident. However he has not seriously disputed 10% contributory negligence. With this, he sought to allow the appeal. 6. Though Sri.Pradeep.B, in contrast opposes the appeal, but is not in dispute with the deduction towards personal expenses in case of married person so also the compensation under Filial Consortium as well as income under the chart supra. He is also not in dispute with respect to 10% escalation on the Conventional Heads, so also the multiplier. - 6 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 7. Having considered the rival submissions, we have perused the entire appeal paper. 8. Admittedly, the accident occurred in the year 2019. As per the Chart, for the accident occurred in the year 2014, the income is fixed at Rs.14,000/- per month in respect of an unskilled labor. The deceased was aged 65 years as on the date of accident, accordingly, the multiplier that should be considered is 7, the income should be considered at Rs.14,000/- and since the deceased was married and survived by wife and children, 1/3rd should have been deducted instead of 50% for personal expenses. The Tribunal has failed to award Filial Consortium against claimant Nos.2 and 3. Furthermore, in view of settled position of law, the claimants are also entitled for 10% escalation on the compensation awarded under Conventional Heads. 9. Accordingly, the compensation requires re- determination and it is reassessed as under: - 7 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of dependency 3,30,000-00 7,84,000-00 (14,000 x 12 x 7 x 2/3) 2. Loss of Estate 15,000-00 15,000-00 3. Loss of consortium 40,000-00 1,20,000-00 (40,000 X 3) 4. Funeral expenses 15,000-00 15,000-00 5. 10% escalation (for two terms of three completed years on conventional heads) - 30,000 TOTAL 4,00,000-00 9,64,000-00 10. Accordingly, the claimants are entitled for reassessed compensation of Rs.9,64,000/-. After deducting the compensation awarded by the Tribunal, the claimants are entitled for enhanced compensation of Rs.5,64,000/- [9,64,000 (-) 4,00,000] with interest @ 6% per annum from the date of petition till realization. Accordingly, we proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The Judgment and award dated 09.11.2021 passed by the III Addl. District Judge & Member Accident Claims Tribunal, - 8 - HC-KAR NC: 2026:KHC:19006-DB MFA No. 2976 of 2022 Mysuru in M.V.C No.1349/2019 is modified and compensation is enhanced. (iii) The Claimants are entitled for enhanced compensation of Rs.5,64,000/- with interest @ 6% per annum from the date of petition till realization. (iv) Respondent No.2 - Insurer shall deposit 90% of the enhanced compensation along with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this order. (v) The apportionment as well as disbursement is unaltered. (vi) No order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 24