- 1 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4421 OF 2026 (MV-I) BETWEEN: 1. SMT. BORAMMA W/O ANANTHAIAH NOW AGED ABOUT 65 YEARS. 2. SRI. ANANTHAIAH S/O LATE KALASHANAIAH NOW AGED ABOUT 78 YEARS. BOTH ARE RESIDING AT SULEKUPPE KAVAL VILLAGE TAREDAKUPPE POST KOTHAGERE HOBLI KUNIGAL TALUK TUMAKUR DISTRICT-560 130. …APPELLANTS (BY SRI. B CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. SRI GANGADHARA D B S/O BYRAPPA MAJOR (AGE OF R-1 NOT KNOWN) RESIDING AT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 DODDAMALAVADI VILLAGE BHAKTARAHALLI POST KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 2. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NELAMANGALA - MAJESTIC SEVICE ROAD VIVEKANANDA NAGAR, PEENYA BENGALURU-560 058 BY ITS MANAGER. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI C SHANKARA REDDY, ADVOCATE FOR R2 V/O DTD. 2.7.2026. NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.08.2025 PASSED IN MVC No.8071/2023 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER MACT, BENGALURU (SCCH-23), 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 appellants -claimants seeking enhancement of compensation awarded in judgment and award dated 23.08.2025 passed in MVC No.8071/2023 by - 3 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 XXI Additional Small Causes Judge and MACT, Bengaluru (SCCH-13). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2 –insurer. 3. Appellants made a claim petition praying to award compensation for the death of son in a road traffic accident occurred on 28.09.2023 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing registration No.KA-06/HQ- 6359. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Compensation heads Compensation amount 1.Towards loss of dependency Rs.20,16,000-00 2. Towards loss of Filial Consortium to the petitioners No.1 & 2 Rs.80,000-00 3. Towards loss to estate Rs.18,150-00 - 4 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 4. Towards transportation of dead body funeral and obsequies ceremony expenses Rs.18,150-00 5. Medical Expenses incurred by the deceased during the tenure of his treatment before his death Rs.1,65,300-00 Total Rs.22,97,600-00 4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed the respondent No.2 -insurer to deposit the award amount with interest. Claimants seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer. 6. Learned counsel for appellants would contend that the notional income is fixed for the year 2023 by Karnataka State Legal Services Authority is Rs.16,250/- and it is to be taken as against Rs.16,000/- as taken by the Tribunal. The Tribunal has rightly added 40% towards future prospects, deducted 50% towards personal - 5 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 expenses of the deceased and applied multiplier ‘15’. The deceased was admitted in the hospital for 32 days and the claimants are entitled to attendant, conveyance, food and nourishment etc. He further submitted that the Tribunal has not added 20% escalation on loss of consortium. With these, he prays 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. Since the compensation claimed for death, the claimants are not entitled to attendant, conveyance, food and nourishment etc. With these, he prays to dismiss the appeal. 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. The accident occurred on 28.09.2023 and as on the date of accident the deceased was aged 36 years. The notional income fixed for the year 2023 is Rs.16,250/- and - 6 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 the said income is to be taken as against Rs.16,000/-. The Tribunal has rightly added 40% towards future prospectus, deducted 50% towards personal expenses and applied multiplier ‘15’. In view of the above, loss of dependency is calculated as under: Rs.16,250/- +Rs.6,500/- (40%) =Rs.22,750/- less 50% =Rs.11,375/- x 12 x 15 = Rs.20,47,500/-. The Tribunal has not added 20% escalation to loss of consortium. Since accident is occurred in the year 2023, the escalation at 20% is to be added to consortium. Therefore, claimants are entitled to consortium in a sum of Rs.96,000/- i.e., Rs.48,000/- each. The Tribunal has rightly awarded loss of estate, funeral expenses and medical expenses. The deceased was admitted in the hospital for 32 days prior to his death from the date of accident. Therefore, claimants are entitled to attendant and conveyance charges, food and nourishment etc., in a sum of Rs.32,000/- (Rs.1,000/- x 32). - 7 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 11. In view of the above, claimants are entitled to compensation under various heads as under: Compensation heads Compensation amount 1.Towards loss of dependency Rs.20,47,500/- 2. Towards loss of Filial Consortium to the petitioners No.1 & 2 Rs.96,000/- 3. Towards loss to estate Rs.18,150/- 4. Towards transportation of dead body funeral and obsequies ceremony expenses Rs.18,150/- 5. Medical Expenses incurred by the deceased during the tenure of his treatment before his death Rs.1,65,300/- 6.Attendant and conveyance charges, food and nourishment etc,. Rs.32,000/- Total Rs.23,77,100/- 12. Considering the above aspects, claimants are entitled to total compensation of Rs.23,77,100/- as against Rs.22,97,600/- with interest at the rate of 6% per annum from the date of petition till realization. Consequently, claimants are entitled to enhanced compensation of Rs.79,500/- with interest at the rate of 6% per annum from the date of petition till realization. - 8 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest. 13. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) Appellants –claimants are entitled to enhanced compensation of Rs.79,500/- with interest at the rate of 6% per annum from the date of petition till realization. iii) Appellants –claimants are not entitled to interest for delay period of 206 days in filing the appeal by order dated 05.08.2026 passed on IA No.1/2026. iv) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. - 9 - HC-KAR CNR: KAHC010401982026 NC: 2026:KHC:46889 MFA No. 4421 of 2026 v) Appellants –claimants are entitled to release of entire enhanced in equal share. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 55 Ct.sm