- 1 - HC-KAR CNR: KAHC010450682026 NC: 2026:KHC:46040 MFA No. 4971 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4971 OF 2026 (MV-D) BETWEEN: 1. VIJETHA AGED ABOUT 25 YEARS, D/O LATE VITTALA POOJARY. 2. VINEETHA AGED ABOUT 22 YEARS, D/O LATE VITTALA POOJARY. BOTH ARE R/O H.NO.11-135, DEVI NILAYA, RAMANNA SHETTY ROAD, KUKKENJE, SNATHEKATTE POST, SHIVALLI, UDUPI TQ AND DISTRICT-576105. 3. SUSHEELA, AGED ABOUT 76 YEARS W/O PANCHA POOJARY, R/O H.NO.5-390, MATHRUCHAYA, NEAR INDRALI TEMPLE, KUNJIBETTU POST, UDUPI TALUK AND DISTRICT-576102. …APPELLANTS (BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. MR. NAGABUSHAN S/O H. KRISHNA ACHARYA, AGED ABOUT 41 YEARS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010450682026 NC: 2026:KHC:46040 MFA No. 4971 of 2026 R/O H.NO.958-A, MSRS NAGAR, VIJAYA BANKA LAYOUT, BILLEKAHAHALLI, B.G. ROAD, BANGALORE - 560076. 2. THE DIVISIONAL MANAGER, ORIENTAL INS. CO. LTD., DIVISIONAL OFFICE, 2ND FLOOR, VISHNU PRAKASH BUILDING, COURT ROAD, UDUPI- 576101. …RESPONDENTS (BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R2; V/O DATED 10.07.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.11.2023 PASSED IN MVC NO.206/2020 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND II ADDITIONAL SENIOR CIVIL JUDGE, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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 17.11.2023 passed in MVC No.206/2020 by the II Additional Senior Civil Judge and Additional MACT, Udupi. - 3 - HC-KAR CNR: KAHC010450682026 NC: 2026:KHC:46040 MFA No. 4971 of 2026 2. The appellants/claimants made a claim petition praying to award compensation for the death of Vittala Poojary in a road traffic accident occurred on 26.05.2019 contending that the accident occurred due to rash and negligent driving of the driver of Car bearing Regn.No.KA- 02-MA-1877. The Tribunal after recording 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. Loss of dependency 18,20,052/- 02. Towards loss of estate 15,000/- 03. Towards filial consortium 40,000/- 04. Towards parental consortium 80,000/- 05. Towards funeral expenses 15,000/- Total 19,70,052/- 3. 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 interest. The claimants seeking enhancement of compensation have filed the present appeal. - 4 - HC-KAR CNR: KAHC010450682026 NC: 2026:KHC:46040 MFA No. 4971 of 2026 4. Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer. 5. The deceased was aged 49 years as on the date of accident. The accident took place on 26.05.2019. Claimant Nos.1 and 2 are daughters and claimant No.3 is mother of deceased. Considering the same, the Tribunal has rightly deducted 1/3rd towards personal expenses of deceased and added 25% towards future prospects and applied multiplier ‘13’. The Tribunal has also awarded consortium to all three claimants. The Tribunal has also awarded loss of estate and funeral expenses. Considering the said aspects, there are no grounds for enhancement. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB CT:SM List No.: 1 Sl No.: 11