- 1 - HC-KAR CNR: KAHC010446632016 NC: 2026:KHC:46576 MFA No. 7579 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7579 OF 2016 (MV-D) BETWEEN: 1. KUMARI ASHARANI D/O LATE ALEX @ ALEX FERNANDIS AGED ABOUT 15 YEARS 2. MASTER AKASH S/O LATE ALEX @ ALEX FERNANDIS AGED ABOUT 15 YHEARS BOTH ARE R/AT SOMPURA VILLAGE BANTENAHALLI POST BELUR TALUK, HASSAN DISTRICT (SINCE APPELLANTS ARE MINORS REP BY THEIR UNCLE SRI BABU S/O INSAF, AGED ABOUT 49 YEARS AS GUARDIAN) …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO LTD KRISHI BHAVAN NEXT TO MAGISTRATE COURT NRUPATHUGNA ROAD BENGALURU - 560 001 REP BY ITS MANAGER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010446632016 NC: 2026:KHC:46576 MFA No. 7579 of 2016 2. SRI P CHANDRA SHEKAR REDDDY NO.840, 25TH A MAIN 9TH BLOCK, JAYANAGAR BENGALURU - 560 011 …RESPONDENTS (BY SRI. R1-UNITED INDIA INS CO LTD,.,ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED08.12.2015 PASSED IN MVC NO.2976/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 08.12.2015 passed in MVC.No.2976/2014 on the file of the learned Ii Additional Senior Civil Judge and MACT (SCCH-18) Bengaluru, seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance - 3 - HC-KAR CNR: KAHC010446632016 NC: 2026:KHC:46576 MFA No. 7579 of 2016 Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. One Alex @ Alex Fernandis met with an accident on 02.04.2014 and died subsequently. His two minor children filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.10,88,000/- with interest at the rate of 9% per annum. Aggrieved by the said order, they preferred an appeal and mainly contended that his father was working as a bar bender and earning Rs.15,000/- per month. But the Tribunal has taken his income as Rs.7,500/- per month and the amounts granted by the Tribunal on the other heads are meager. Therefore, requested for enhancement of the compensation. 4. Though petitioners stated that the deceased was aged 43 years and working as an iron bar bender, earning Rs.15,000/- per month, but they have not filed any income. As he met with an accident in 2014, this Court finds that it is just and reasonable to take his notional income as Rs.8,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. As per as per PM report he was aged 44 - 4 - HC-KAR CNR: KAHC010446632016 NC: 2026:KHC:46576 MFA No. 7579 of 2016 years and the relevant multiplier is '14'. He is entitled for 25% towards future prospects as per National Insurance Company Ltd V.s Pranay Sethi and Ors1 and 1/3rd is to be deducted towards his personal expenses as per Sarala Verma (Smt) And Others V/S Delhi Transport Corporation And Another2. Loss of dependency comes to Rs.8,500/- + 25% X 12 X 14 - 1/3 =Rs.11,90,000/-. 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/- each petitioners towards parental consortium and they are also entitled for Rs.30,000/- under the conventional heads as per the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). 5. Learned counsel of respondent No.1 argued that the Tribunal has granted 9% per annum interest and it is to be modified as 6% per annum. Therefore, interest is reduced to 6% per annum. 1 (2017) 16 SCC 680 2 (2009) SCC 121 3 (2018) 18 SCC 130 - 5 - HC-KAR CNR: KAHC010446632016 NC: 2026:KHC:46576 MFA No. 7579 of 2016 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the claimants are entitled for a total compensation of Rs.13,00,000/- 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 08.12.2015 passed in MVC.No.2976/2014 on the file of the learned Ii Additional Senior Civil Judge and MACT (SCCH-18) Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.13,00,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.10,88,000/- granted by the Tribunal. Sl.Nos. Particulars Amount in Rs. 1. Parental consortium 80,000/- 2. Conventional heads 30,000/- 3. Loss of dependency 11,90,000/- Total 13,00,000/- - 6 - HC-KAR CNR: KAHC010446632016 NC: 2026:KHC:46576 MFA No. 7579 of 2016 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.2,12,000/- along with the interest at the rate of 6% within one month from the date of this order. v. Both the petitioners have attained majority therefore, they are permitted to withdraw the entire amount along with interest accrued on it. vi. Amount in deposit is to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 0