- 1 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3769 OF 2026 (MV-D) BETWEEN: 1. SMT. GOLLAPALLI ANITHA W/O MR GOLLAPALLI SOMASHEKAR REDDY AGED ABOUT 41 YEARS. 2. G AKHIL REDDY WSO MR GOLLAPALLI SOMASHEKAR REDDY AGED ABOUT 16 YEARS 3. GOLLAPALLI NAVYASREE D/O MR GOLLAPALLI SOMASHEKAR REDDY AGED ABOUT 12 YEARS APPELLANTS No.2 & 3 BEING MINOR REPRESENTED BY THEIR MOTHER AS MINOR AND NATURAL GUARDIAN. 4. SUMANGALAMMA W/O K NAGIREDDY AGED ABOUT 70 YEARS. 5. K NAGIREDDY S/O LATE K SOMASHEKAR REDDY AGED ABOUT 73 YEARS ALL ARE RESIDING AT No. 16/59/2 INDIRAMMA COLONY, THIMMAPURAM Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 VENKATAREDDY PALLI PENUKONDA A.P – 515 110. …APPELLANTS (BY SRI SUBRAMANI G N, ADVOCATE) AND: 1. SYED MADAR SAB M S S/O SYED SAB NEAR KGN SCHOOL, NNT ROAD CHINTAMANI TOWN CHIKKABALLAPURA DISTRICT – 563 125. 2. ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., No. 30, 3RD FLOOR, JNR CITY CENTER RAJA RAM MOHAN RAY ROAD SAMPANGIRAMANAGAR BENGALURU – 560 027. …RESPONDENTS (BY SRI KRISHNA KISHOR, ADVOCATE FOR R2 V/O DTD. 12.06.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.11.2025 PASSED IN MVC No.8628/2024 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: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in - 3 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 judgment and award dated 22.11.2025 passed in MVC No.8628/2024 by the III Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-18). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/insurer. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Gollapalli Somashekar Reddy in a road traffic accident occurred on 08.10.2024 contending that the accident occurred due to rash and negligent driving of the driver of lorry bearing Regn. No.AP-04-UB-3777. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards loss of dependency 24,13,125/- 02. Towards loss of consortium 2,42,000/- 03. Towards loss of estate 18,150/- - 4 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 04. Towards funeral and obsequies ceremony expenses 18,150/- 05. Medical expenses 72,688/- Total 27,64,113/- 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer. 6. Learned counsel for appellants would contend that deceased was aged 47 years as on the date of the accident and he was working as a driver of the lorry in R.K.Transport Private Limited and earning Rs.25,000/- p.m. as per Ex.P17 salary certificate. Merely because the author of Ex.P17 has not been examined, the Tribunal has taken notional income at Rs.16,500/-. The deceased being the Driver of the heavy goods vehicle/lorry, aged 47 - 5 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 years, his income is to be taken higher than the notional come fixed for unskilled labourer. With this he prayed to take higher income of the deceased and award loss of dependency. He submits that the compensation awarded under other heads is just and proper. 7. Learned counsel for respondent No.2/insurer would submit that compensation awarded on all heads by the Tribunal is just and proper. The Tribunal considering that the author of Ex.P17 salary certificate is not examined and supporting documents are not produced has rightly taken the notional income at Rs. 16,500/- P.M. 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. The accident occurred on 08.10.2024 and as on the date of accident, the deceased was aged 47 years. The deceased was a driver having driving license to drive heavy goods vehicle. The claimants contended that the - 6 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 deceased was earning Rs.30,000/-p.m. Ex.P17-salary certificate of R.K.Transport Private Limited indicate that the monthly income of deceased was Rs.25,000/- and the author of Ex.P17 has not been examined. Merely because the author of Ex.P17 is not examined, the notional income for unskilled labour cannot be taken into consideration. The deceased being the driver holding driving license to drive heavy goods vehicle, his income is to be taken higher than the notional income. Considering the same, the income of the deceased is to be taken at Rs.20,000/- p.m. The Tribunal has rightly taken future prospects at 25%, deducted 1/4th towards personal expenses of deceased and applied multiplier '13' and therefore, the loss of dependency is calculated as under: Rs.20,000+5,000 (25% future prospects) = Rs.25,000/- Rs.25,000 – ¼ = 18,750 x 12 x 13 =29,25,000/- 10. Therefore, the claimants are entitled to Rs.29,25,000/- towards loss of dependency as against - 7 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 Rs.24,13,125/- awarded by the Tribunal. Consequently, the claimants are entitled to enhanced compensation of Rs.5,11,875/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. 11. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.5,11,875/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellants/claimants are entitled to their share in the enhanced compensation as determined by the Tribunal. - 8 - HC-KAR CNR: KAHC010359802026 NC: 2026:KHC:41890 MFA No. 3769 of 2026 v) The share of compensation of claimant Nos.2 and 3/minors shall be kept in fixed deposit in nationalized/scheduled bank till they attain majority. vi) The other claimants are entitled to release of their share in the entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 25 Ct.sm