- 1 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 388 OF 2015 (MV-D) BETWEEN: 1. SMT MUTTAMMA W/O LATE GANGAMUNIYAPPA AGED ABOUT 28 YEARS, R/AT DODDAKERENAHALLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 2. SRI MUNIYAPPA S/O BYLAPPA, AGED ABOUT 51 YEARS, R/AT DODDAKERENAHALLI BHATARAHALLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 3. SRI MUNIHANUMAIAH S/O BYALAPPA, AGED ABOUT 49 YEARS, R/AT TAVAREKERE, OBALAPURA NELAMANAGALA TALUK, BANGALORE RURAL DISTRICT 4. SRI ANJINAPPA B S/O BYALAPPA AGED ABOUT 39 YEARS, R/AT NO.2, MES ROAD, NEARS MUNESHWARA TEMPLE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 RAMBHOVI COLONY, BAHUBALINAGAR, JAHALLI, BANGALORE - 560 013 DEAD AMENDMENT CARRIED OUT AS PER THE COURT ORDER DATED 15.07.2026 …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. UNIVERSAL SOMPO GENERAL INSURANCE CO LTD KVD TOWER, ABOVE BARCLAY FINANCE OFFICE 100 FEET ROAD, INDIRANAGAR, OLD MADRAS ROAD, BANGALORE - 560 038 REP. BY ITS MANGER 2. SRI GIRISH KUMAR K M S/O MALLESH GOWDA K M NO.28/16, 16TH MAIN, 4TH BLOCK, NANDINI BADAVANE, BANGALORE - 560 096 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 VIDE ORDER DATED 15.07.2026 VIDE ORDER DATED 02.07.2015, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2014 PASSED IN MVC NO.5160/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, - 3 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 26.09.2014 passed in MVC.No.5160/2013 on the file of the learned III Additional Senior Civil Judge and Motor Accident Claims Tribunal (SCCH-18), Bengaluru seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. One Gangamuniyappa, has met with accident on 28.08.2013 and died subsequently. His wife and brothers filed the claim petition claiming compensation of Rs.18,00,000/-. - 4 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 The Tribunal considering the entire evidence on record granted an amount of Rs.6,75,400/- together with interest at the rate of 8% per annum from date of petition till the realization. Aggrieved by the said order the appellants preferred this appeal and mainly contended that Gangamuniyappa, was working as a mason and earning Rs.10,000/- per month. He was aged 42 years, but the Tribunal erred in taking his income on the lower side i.e., Rs.8,000 per month and 1/3rd is to be deducted towards personal expenses and the amount granted under the other heads is also meager. Therefore, requested for enhancement of the compensation. 4. Though, the brothers of the deceased are aged 51 and 49 years respectively. Therefore, it cannot be said that they are dependent on his income, so they are not entitled to any compensation. 5. Though, it is stated that the petitioner was a mason and earning Rs.10,000/- per month, he has not filed any income. As he met with an accident in the year 2013, it is just and reasonable to take his notional income as Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal - 5 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 Service Authority. His age was taken by the Tribunal as 46 years as per the ID card, therefore the relevant multiplier is '13'. He is entitled for 25% towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd V.s Pranay Sethi and Ors1 and 1/3rd is to be deducted towards his 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.8,000/- + 25% X 12 X 13 - 1/3 = Rs.10,40,000/-. The Tribunal considering Ex.P14 - medical bills granted an amount of Rs.17,000/- towards medical expenses and the said amount is confirmed. 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, this Court finds it reasonable to grant an amount of Rs.40,000/- towards loss of spousal consortium to petitioner No.1 and she is also entitled for and amount of 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 - 6 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants/claimants are entitled for a total compensation of Rs.11,27,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated MVC.No.5160/2013 on the file of the learned III Additional Senior Civil Judge and Motor Accident Claims Tribunal (SCCH- 18), Bengaluru, is modified. iii. The appellants/claimants are entitled to a sum of Rs.11,27,000/- along with interest at 6% p.a., Sl.Nos. Particulars Amount in Rs. 1. Spousal consortium 40,000/- 2. Conventional heads 30,000/- 3. Loss of dependency 10,40,000/- 4. Medical expenses 17,000/- Total 11,27,000/- - 7 - HC-KAR CNR: KAHC010147842015 NC: 2026:KHC:39379 MFA No. 388 of 2015 from the date of petition till the date of realization, instead of Rs.6,75,400/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.4,51,600/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, appellant No.1/wife is permitted to withdraw the entire amount along with interest accrued on the same. vi. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 20