- 1 - HC-KAR CNR: KAHC010817362025 NC: 2026:KHC:45302 MFA No. 9525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 9525 OF 2025 (MV-D) BETWEEN: 1. SRI A MAHENDRA S/O LATE A GURUAPPA AGED ABOUT 57 YEARS 2. SMT. A MANMULA W/O A MAHENDRA AGED ABOUT 47 YEARS BOTH ARE R/AT RAMAIAHGARPALLI VILLAGE AND POST PAKALA MANDALA, CHITTOOR DISTRICT ANDHRA PRADESH – 517 257. …APPELLANTS (BY SRI. KAILAS SHANKAR P S, ADVOCATE) AND: 1. SRI D S VISHNUVARDHAN S/O D SIVARAJA NAIDU, MAJOR R/A No. 1-15 170, GOLLAPALLI BANGARUPALEM MANDAL CHITTOOR DISTRICT ANDHRA PRADESH - 632 104. 2. THE MANAGER THE ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., BRANCH OFFICE RAGHAVENDRA PLAZA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010817362025 NC: 2026:KHC:45302 MFA No. 9525 of 2025 1ST FLOOR, 1ST CROSS HOSUR MAIN ROAD , WILSON GARDEN BANGALORE – 560 027. …RESPONDENTS (BY SRI ANUP SEETHARAM, ADVOCATE FOR R2 V/O DTD. 07.01.2026, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.08.2025, PASSED IN MVC No.6292/2024, ON THE FILE OF THE I- ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MACT, (SCCH-11), 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 judgment and award dated 28.08.2025 passed in MVC No.6292/2024 by the I Additional Small Causes Judge and Member, MACT, Bengaluru (SCHH-11). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of - 3 - HC-KAR CNR: KAHC010817362025 NC: 2026:KHC:45302 MFA No. 9525 of 2025 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 A.Guru Vikash @ Banny in a road traffic accident occurred on 09.06.2024 contending that the accident occurred due to rash and negligent driving of the driver of Tata Sumo bearing Regn.No.AP-03-P-9699. 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 24,94,800/- 02. Towards consortium 1. Filial consortium 96,800/- 03. Towards loss of estate and funeral expenses 36,300/- Total 26,27,900/- 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 - 4 - HC-KAR CNR: KAHC010817362025 NC: 2026:KHC:45302 MFA No. 9525 of 2025 interest. The claimants seeking enhancement of compensation have 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 a B.Tech/engineering student and as per decision of this Court in the case of Nagaraju Srinivas Rao and others vs. Reliance General Insurance Co.Ltd and another (MFA No.2741/2023 DD 08.10.2025), the income of a B.Tech student has to be taken at Rs.25,000/- p.m. The Tribunal has rightly added 40% towards future prospects, deducted 50% towards personal expenses of the deceased and applied multiplier ‘18’. The compensation awarded on conventional heads is just and proper. With this he prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. - 5 - HC-KAR CNR: KAHC010817362025 NC: 2026:KHC:45302 MFA No. 9525 of 2025 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. Ex.P10 – College ID card, Ex.P11 - certificate issued by SVCET College, Chittoor and Ex.P13 – B.Tech marks card indicate that the deceased was studying in B.Tech. Considering the said aspect and as per the decision of Nagaraju Srinivas Rao (supra), the income of the deceased is to be taken at Rs.25,000/- p.m. The Tribunal has rightly added 40% future prospects and deducted 50% personal expenses of the deceased and applied multiplier ‘18’. In view of the above, the loss of dependency is calculated as under: Rs.25,000 + (40%) = 35,000 – 50% = Rs.17,500 Rs.17,500 x 12 x 18 = Rs.37,80,000/-. 10. Considering the above aspects, the claimants are entitled to loss of dependency in a sum of Rs.37,80,000/- as against Rs.24,94,800/-. Consequently, the claimants are entitled to enhanced compensation of Rs.12,85,200/-. The compensation awarded on conventional heads is just - 6 - HC-KAR CNR: KAHC010817362025 NC: 2026:KHC:45302 MFA No. 9525 of 2025 and proper. 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.12,85,200/- 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 release of enhanced compensation in the ratio of 50:50. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 42