- 1 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 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. 4935 OF 2026 (MV-D) BETWEEN: 1. SMT. YASMIN SULTHANA W/O LATE MAZHAR PASHA AGED ABOUT 55 YEARS 2. ASIYA FIRDOSE D/O LATE MAZHAR PASHA AGED ABOUT 37 YEARS BOTH ARE R/AT: HALUVAHILU ROAD THANNEERUHALLA, HASSAN CITY HASSAN -573 201. …APPELLANTS (BY SMT. KAVITHA H C.,ADVOCATE) AND: 1. GAJENDRA S/O PUTTAIAH HOUSE NO. 56 KEMPAIAHNA PALYA KANCHUGARANAHALLI, BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA D-562 109. (OWNER OF LORRY BEARING REGISTRATION No. KA-34-B-9701) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 2. THE MANAGER IFFCO TOKYO GENERAL INSURANCE CO. LTD., CUSTOMER SERVICE CENTER SHISHANTHI TOWER 3RD MAIN 5TH FLOOR NO. 141 EAST OF NGEF LAYOUT KASTURI NAGAR BENGALURU -560 043. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 13.07.2026, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:08/4/2026. PASSED IN MVC No.1957/2022 ON THE FILE OF THE COURT OF II ADDL. DISTIRICT AND SESSIONS JUDGE AND MACT , 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 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 08.04.2026 passed in MVC No. 1957/2022 by the II Additional District and Sessions Judge and, MACT, Hassan. - 3 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned appearing for respondent No. 2 – Insurer it is taken up for disposal. 3. Heard learned counsel for appellants – claimants and learned counsel for respondent No. 2 – Insurer. 4. Appellants – claimants made a claim petition praying to award compensation for the death of Mazhar Pasha (husband of claimant No. 1 and father of claimant No. 2) in a road traffic accident that occurred on 22.09.2022 due to the rash and negligent driving by the driver of lorry bearing registration No. KA-34-9701. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Loss of dependency Rs.15,00,500.00 2 Loss of estate Rs.15,000.00 3 Loss of consortium Rs.40,000.00 - 4 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 4 Funeral expenses Rs.15,000.00 Total Rs.15,70,500.00 5. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimants seeking enhancement of the compensation awarded, have filed the present appeal. 6. Learned counsel for appellants - claimants would contend that claimants are the wife and daughter of the deceased and the Tribunal has awarded consortium to only one claimant. The Tribunal has not taken into consideration escalation at 10%. The Tribunal even though has awarded compensation towards `loss of estate’ and `funeral expenses’ has not taken into consideration escalation at 10%. With this he prayed to allow the appeal. - 5 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 7. Learned counsel for respondent No.2 – Insurer would contend compensation awarded under all heads is just and proper and there are no grounds for enhancement of the compensation. 8. Having heard learned counsel for the parties, this Court has perused the judgment and award. 9. Claimant No.1 is the wife and claimant No. 2 is the daughter of the deceased. Claimant Nos. 1 and 2 are entitled to `loss of consortium’ of Rs.40,000/- each with 10% escalation. The Tribunal has only awarded Rs.40,000/- towards `loss of consortium’. Therefore, claimants are entitled to `loss of consortium’ in a sum of Rs.88,000/- (44,000 X 2) as against Rs.40,000/- awarded by the Tribunal. 10. The Tribunal has awarded `loss of estate’ in a sum of Rs.15,000/- and `funeral expenses’ in a sum of Rs.15,000/-. The Tribunal has not taken into consideration 10% escalation. Therefore, claimants are entitled to `loss - 6 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 of estate’ and `funeral expenses’ in a sum of Rs.16,500/- each. 11. Considering the said aspects, claimants are entitled to enhanced compensation of Rs.51,000/- (Rs.48,000 + Rs.3,000) with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No.2 – Insurer is liable to pay the said compensation with interest. 12. In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Claimants are entitled to enhanced compensation of Rs.51,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. - 7 - HC-KAR CNR: KAHC010446662026 NC: 2026:KHC:42685 MFA No. 4935 of 2026 d) Claimants are entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 14 Ct.sm