- 1 - HC-KAR NC: 2026:KHC:21030 MFA No. 1284 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. 1284 OF 2019 (MV-D) BETWEEN: 1. SMT. LALITHAMMA, AGED ABOUT 32 YEARS, W/O LATE NARASIMHAPPA. 2. NAVEEN KUMAR, AGED ABOUT 18 YEARS, S/O LATE NARASIMHAPPA. 3. MANJUNATHA, AGED ABOUT 17 YEARS, S/O LATE NARASIMHAPPA. 4. HANUMAPPA, AGED ABOUT 67 YEARS, S/O LATE NARASIMHAIAH. 5. NAGAMMA, AGED ABOUT 62 YEARS, W/O HANUMAPPA. ALL ARE R/AT WARD NO.7, NIMMAKALAKUNTE, CHIKKABALLAPURA-562 101. SINCE THE APPELLANT NO.3 IS MINOR REP. BY APPELLANT NO.1 MOTHER. …APPELLANTS (BY SRI N.R RANGEGOWDA, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21030 MFA No. 1284 of 2019 AND: 1. MR. K T SRINIVASA, MAJOR, S/O THIMMAIAH, NO.179, KUPAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT-562 101. 2. M/S. UNITED INDIA INSURANCE CO. LTD., MOTOR THIRD PARTY CLAIMSO HUB, 5TH AND 6TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BANGALORE-560 002. BY THE MANAGER. …RESPONDENTS (BY SRI JANARDHAN REDDY, ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.12.2018 PASSED IN MVC NO.5669/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:21030 MFA No. 1284 of 2019 ORAL JUDGMENT This appeal is filed by the claimants challenging the judgment and award dated 18.12.2018 passed in MVC No.5669/2017 by the Motor Accident Claims Tribunal, Bengaluru (SCCH-11) (hereinafter referred to as the 'Tribunal' for short). 2. Heard Sri.N.R.Rangegowda, learned counsel for the appellants and Sri.Janardhan Reddy, learned counsel appearing for respondent No.2. 3. This appeal is filed by the claimants seeking for higher compensation only on the ground that assessment of the income by the Tribunal is on lower side as the deceased was working as a Secretary in the Milk Dairy and used to earn Rs.10,000/- per month. 4. It is to be noticed that the Tribunal assessed the income of the deceased at Rs.8,500/- per month which is required to be re-assessed notionally at Rs.11,000/- per month as per the notional income chart prepared by the Karnataka State Legal Services Authority. The deceased - 4 - HC-KAR NC: 2026:KHC:21030 MFA No. 1284 of 2019 was aged about 36 years. Hence, the claimants would be entitled to an addition of 40% under the head of future prospects and appropriate multiplier would be '15' and deduction would be 1/4. Hence, the compensation is re- assessed as under: Sl. No Description Amount 1 Loss of dependency (Rs.11,000 + 40% X 12 X 15 - 1/4) Rs.20,79,000 2 Loss of consortium (Rs.44,000 x 5) Rs.2,20,000 3 Loss of estate and Funeral expenses (includes 10% escalation) Rs.33,000 Total Rs.23,32,000 5. In the result, I proceed to pass the following: ORDER (i) Appeal is allowed in part. - 5 - HC-KAR NC: 2026:KHC:21030 MFA No. 1284 of 2019 (ii) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to a total compensation of Rs.23,32,000/- as against Rs.15,04,420/- awarded by the Tribunal. The enhanced compensation would be Rs.8,27,580/-. (iii) The enhanced compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. However, the appellants/claimants shall not be entitled to interest for the delay period of 768 days as per the order dated 17.04.2026. (iv) Respondent No.2-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. (v) The apportionment, disbursement of the compensation and deposit shall be as per the Tribunal. - 6 - HC-KAR NC: 2026:KHC:21030 MFA No. 1284 of 2019 (vi) Registry to transmit the records forthwith to the Tribunal. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE NS List No.: 1 Sl No.: 2