- 1 - HC-KAR CNR: KAHC010323772017 NC: 2026:KHC:39838 MFA No. 4798 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4798 OF 2017 (MV-D) BETWEEN: 1. MR. SHIVAPPA AGED ABOUT 37 YEARS, S/O LATE CHANDAPPA 2. SMT. DHALAVVA AGED ABOUT 30 YEARS, W/O SHIVAPPA, 3. MINOR HANUMANTHA AGED ABOUT 14 YEARS, S/O SHIVAPPA, 4. MINOR MAHADEVA AGED ABOUT 12 YEARS, S/O SHIVAPPA, APPELLANT NOS.3 AND 4 ARE MINORS, REP BY GUARDIAN FATHER SHIVAPPA APPELLANT NO.1. ALL ARE R/AT THIMMAPURA VILLAGE BELKERI POST BAGALKOT TALUK & DISTRICT. APPELLANTS (BY SRI. K. PRASANNA SHETTY.,ADVOCATE) AND: 1. MR. GURUDAS NAYAK AGED ABOUT 52 YEARS, S/O SADASHIVA NAYAK R/O H.NO.4/35, CHEMPI SASTHANA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010323772017 NC: 2026:KHC:39838 MFA No. 4798 of 2017 KARKADA VILLAGE, UDUPI TALUK. 2. NEW INDIA ASSURANCE CO LTD., BRANCH OFFICE: KUNDAPURA PUSHPA BUILDING, 1ST FLOOR MAIN ROAD, KUNDAPURA. RESPONDENTS (BY SRI. C.R RAVISHANKAR.,ADVOCATE FOR R2; V/O DTD 23.11.2017 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2016 PASSED IN MVC NO.922/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.12.2016 passed in MVC.No.922/2015 on the file of the learned Senior Civil Jude and Additional Motor Vehicle Accidents Claims Tribunal, Kundapura, Udupi District, seeking for enhancement of compensation. - 3 - HC-KAR CNR: KAHC010323772017 NC: 2026:KHC:39838 MFA No. 4798 of 2017 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/insurance company. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. One Chandrashekar @ Chandrappa, aged 15 years has met with accident on 30.08.2015 and died subsequently. His parents filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,17,000/- together with interest at the rate of 6% per annum from rate of petition till realization. Being aggrieved by the said order they preferred an appeal and mainly contended that Chandrasekhar was the aged of 15 years and he was a brilliant student. They spent Rs.50,000/- for post mortem and ambulance, but the Tribunal has granted meager amounts under the other heads. Therefore, requested for enhancement of the compensation. 4. Admittedly, the petitioner was a minor aged 15 years and he was a student. As he met with an accident on 30.08.2015, this Court finds it is just and reasonable to take his notional income as Rs.9,000/- per month as per the chart - 4 - HC-KAR CNR: KAHC010323772017 NC: 2026:KHC:39838 MFA No. 4798 of 2017 prepared by the Karnataka State Legal Services Authority and the multiplier is '18'. His parents and two siblings filed the claim petition, two siblings are dependent on petitioner No.1/father, but not on the deceased, as such they are not entitled for any compensation. They are entitled for 40% towards future prospects as per the judgment of Hon'ble Supreme Court in the case of National Insurance Company Ltd V.s Pranay Sethi and Ors1 and 50% is to be deducted towards their personal expenses as per the case of Sarala Verma (Smt) And Others V/S Delhi Transport Corporation And Another2. Loss of dependency comes to Rs.9,000/- + 40% X12 X 18 - 50% *=Rs.13,60,800/-. Petitioner Nos.1 and 2 each are entitled for an amount of Rs.40,000/- towards filial consortium as per the judgment of the Hon'ble Supreme Court in the case of Magma General Insurance Company V/S Nanu Ram Alias Chubru Ram And Ors3, and they are also entitled for Rs.30,000/- under the conventional head as per the citation in Pranay sethi (supra). 1 (2017) 16 SCC 680 2 (2009) SCC 121 3 (2018) 18 SCC 130 *Corrected vide Court order dtd:12.08.2026 - 5 - HC-KAR CNR: KAHC010323772017 NC: 2026:KHC:39838 MFA No. 4798 of 2017 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.14,70,800/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.12.2016 passed in MVC.No.922/2015 on the file of the learned Senior Civil Jude and Additional Motor Vehicle Accidents Claims Tribunal, Kundapura, Udupi District, is modified. iii. The appellant/claimants are entitled to a sum of Rs.14,70,800/- along with interest at 6% p.a., Sl.Nos. Particulars Amount in Rs. 1. Filial consortium 80,000/- 2. Conventional heads 30,000/- 3. Loss of dependency *13,60,800/- Total 14,70,800/- *Corrected vide Court order dtd:12.08.2026. - 6 - HC-KAR CNR: KAHC010323772017 NC: 2026:KHC:39838 MFA No. 4798 of 2017 from the date of petition till the date of realization, instead of Rs.5,17,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.9,53,800/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner Nos.1 and 2 are permitted to withdraw the entire amount along with interest accrued on the same equally. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 13