- 1 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4131 OF 2026 (MV-D) BETWEEN: 1. AYESHA TAJ, W/O LATE AMJAD PASHA, AGED ABOUT 41 YEARS. 2. MUBARAK PASHA, S/O LATE AMJAD PASHA, AGED ABOUT 18 YEARS. 3. ARSHYA SULTHANA, D/O LATE AMJAD PASHA, AGED ABOUT 16 YEARS. 4. MUDASIR PASHA, S/O LATE AMJAD PASHA, AGED ABOUT 14 YEARS. 5. MOHIN PASHA, S/O LATE AMJAD PASHA, AGED ABOUT 12 YEARS. APPELLANTS No.2 TO 5 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN i.e. 1ST APPELLANT SMT.AYESHA TAJ. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 APPELLANTS 1 TO 5 R/AT C.B.PUR ROAD, AZEEZ NAGAR, SANGONDAHALLI VILLAGE, KASABA HOBLI, KOLAR TALUK. 6. MAQBOOL JAN, W/O LATE ABDUL SUBHAN SAB, AGED ABOUT 69 YEARS, R/O KOLATHUR VILLAGE, YELDUR HOBLI, SRINIVASPURA TALUK-563125. …APPELLANTS (BY SRI. K VISHWANATHA.,ADVOCATE) AND: 1. KALEEMULLA SHARIFF, S/O ISMAIL SHARIFF, AGED BY MAJOR, R/AT NO.247, DARGAH SHABI MOHALLA, KOLAR-563101. 2. HDFC ERGO GENERAL INSURANCE COMPANY LTD, REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKARNARAYANA BUILDING, NO.1.M.G.ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. D VIJAYAA KUMAR, ADVOCATE FOR R2, V/O DTD:18.06.2026 NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2025 PASSED IN MVC NO. 261/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 25.11.2025 passed in MVC No.261/2022 by the learned II Additional District Judge and Member MACT, Kolar. 2. Even though this appeal is listed today for orders/ admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Amjad Pasha in a road traffic accident occurred on 15.09.2022 contending that the accident occurred due to the rash and negligent driving of Eicher vehicle bearing Regn. No.KA- 04-D-045. - 4 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 4. The Tribunal after recording the evidence of parties, appreciating the evidence on record, assessed the compensation and awarded compensation under various heads: Sl. No. Particulars Amount (in Rs.) 1 Towards funeral expenses, obsequies and transportation charges. 50,000.00 2 Towards loss of dependency and loss of estate 27,20,250.00 3 Towards loss fo love and affection 1,40,000.00 Total compensation amount 29,10,250.00 5. The Tribunal has also awarded interest at the rate of 6% p.a. from the date of petition till realization and directed the respondent No.2/Insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal. 6. Heard the learned counsel for appellants/claimants and the learned counsel for respondent No.2/Insurer. - 5 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 7. Learned counsel for appellants/claimants would contend that the claimants are wife, four children and father of the deceased. The Tribunal has not awarded consortium to all the claimants with escalation at 10%. But only awarded towards loss of love and affection in a sum of Rs.1,40,000/-. The claimants are entitled to consortium in a sum of Rs.40,000/- plus Rs.4,000/- each i.e. Rs.2,64,000/-. With this, he prayed to allow the appeal. 8. Learned counsel for respondent No.2 would contend that the compensation awarded is just and proper and there are no grounds for enhancement. 9. Having heard the learned counsels, the Court has perused the judgment and award. 10. The claimants are the wife, four children and the father of the deceased. The Tribunal has awarded only Rs.1,40,000/- towards loss of love and affection. The - 6 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 claimants are entitled to consortium in a sum of Rs.40,000/- with 10% escalation i.e. Rs.44,000/- each. Therefore the claimants are entitled to consortium in a sum of Rs.2,64,000/- (Rs.44,000/- x 6). 11. The Tribunal has not awarded towards loss of estate. The claimants are entitled to loss of estate in a sum of Rs.15,000/- with 10% escalation i.e. Rs.16,500/-. The Tribunal has awarded funeral expenses and transportation charges in a sum of Rs.50,000/-. The claimants are entitled to funeral expenses and transportation in a sum of Rs.15,000/- with 10% escalation i.e. Rs.16,500/- as against Rs.50,000/- awarded by the Tribunal. 12. In view of the above, the claimants are entitled to total compensation under various heads as under: Loss of dependency Rs.27,20,250.00 Loss of consortium Rs. 2,64,000.00 Loss of funeral expenses Rs. 16,500.00 Loss of estate Rs. 16,500.00 Total Rs.30,17,250.00 - 7 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 13. The claimants are entitled to total compensation of Rs.30,17,250/- as against Rs.29,10,250/- as awarded by the Tribunal with interest. The claimants are entitled to enhanced compensation of Rs.1,07,000/- with interest at the rate of 6% p.a. from the date of petition till realization. The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER. i) The appeal is allowed in part. ii) The claimants are entitled to enhanced compensation of the Rs.1,07,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) The respondent No.2/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. - 8 - HC-KAR CNR: KAHC010375762026 NC: 2026:KHC:40095 MFA No. 4131 of 2026 iv) The appellant No.1 being the wife of the deceased is entitled to enhanced compensation and it be released to her alone. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1