- 1 - HC-KAR NC: 2026:KHC:21032 MFA No. 2439 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 2439 OF 2019 (MV-D) BETWEEN: 1. SMT. LAKASHAMAMMA, W/O LATE BYRAPPA, AGED ABOUT 47 YEARS. 2. SRI HANUME GOWDA @ HANUMATHE GOWDA, S/O LATE BYRAPPA, AGED ABOUT 36 YEARS. 3. SRI KUMAR N B, S/O LATE BYRAPPA, AGED ABOUT 32 YEARS. ALL THE APPELLANTS ARE R/AT NARNAHALLI VILLAGE, DODDABELVANGALA HOBALI, DODDABALLAPURA TALUK, BENGALURU DISTRICT. PRESENTLY R/AT:NO.138, KANAKANAGARA, SARASWATHINAGAR MAIN ROAD, MARENAHALLI, VIJAYANAGARA, BENGALURU 560 040. …APPELLANTS (BY SRI K V SHYAMAPRASADA, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21032 MFA No. 2439 of 2019 AND: 1. M/S THE NEW INDIA ASSURANCE CO. LTD., TP HUB, NO.-9, 2ND FLOOR, MAHALKSHMI CHAMBER, MAHATMA GANDHI ROAD, BENGALURU 560 001. 2. SRI KAREEM PASHA, S/O ABDUL HUSMAN, MAJOR, R/AT-152, MUDDLINGANAHALLI, JANATHA COLONY, THAMAGONDANAHALLI HOBALI, BENGALURU RURAL DISTRICT, KARNATAKA 561 203. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2018 PASSED IN MVC NO.7308/2017 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU [SCCH-16], 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:21032 MFA No. 2439 of 2019 ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 13.12.2018 passed in MVC No.7308/2017 by the Motor Accident Claims Tribunal, Bengaluru (SCCH-16) (hereinafter referred to as the 'Tribunal' for short). 2. Heard Sri.K.V.Shyamaprasada, learned counsel for the appellants and Sri.B.Pradeep, learned counsel appearing for respondent No.1. 3. The appellants as well as the respondent are not in dispute that, in a road accident dated 29.11.2017, one Sri.Byrappa sustained grievous injuries and succumbed to those injuries. It is not in dispute that the insurance company is liable to pay the compensation. The Tribunal considering the claim awarded total compensation of Rs.7,56,800/- with interest. The dispute in the present appeal is only with regard to non-awarding compensation under the head of loss of consortium to two of the appellants. - 4 - HC-KAR NC: 2026:KHC:21032 MFA No. 2439 of 2019 4. Considering the law laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others reported in (2018) 18 SCC 130, the other two appellants would be entitled to consortium at Rs.40,000/- each as the claimants are the wife and children. Hence, the appellants would be entitled to additional compensation of Rs.88,000/- which includes 10% escalation. 5. The judgment and award of the Tribunal is modified to the aforesaid extent. The enhanced compensation carries interest at the rate of 6% per annum from the date of petition till realization. 6. For the aforementioned reasons, the appeal is allowed. The appellants/claimants would be entitled to additional compensation of Rs.88,000/- which includes 10% escalation on the said amount. The impugned judgment and award of the Tribunal to the aforesaid extent is modified. Rest of the judgment and award of the - 5 - HC-KAR NC: 2026:KHC:21032 MFA No. 2439 of 2019 Tribunal is unaltered. Respondent No.1-insurance company is directed to deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of 6(six) weeks from the date of receipt of certified copy of this judgment. The enhanced compensation shall be released in favour of the claimants. Sd/- (VIJAYKUMAR A. PATIL) JUDGE NS List No.: 1 Sl No.: 7