- 1 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1574 OF 2013 (MV-D) BETWEEN: 1. SMT. VARALAKSHMI W/O ESHWARAIAH, D/O P.G.REVANNA, AGED ABOUT 45 YEARS, R/AT KOWTHAMRANAHALLI VILLAGE, GULUR HOBLI, TUMKUR DISTRICT 572118. 2. SMT NAGARATHNAMMA W/O YADIYURAPPA, D/O.P.G.REVANNA, AGED ABOUT 43 YEARS, R/AT SARASWATHIPURA, TUMUR TOWN 572101. 3. P R BASARAVAJU S/O LATE P.G.REVANNA, AGED ABOUT 40 YEARS, 4. P.R.SHIVAPRAKASH S/O LATE P.G.REVANNA, AGED ABOUT 38 YEARS, 5. P R PARVATHAMMA D/O LATE P.G.REVANNA, AGED ABOUT 35 YEARS, 6. P R CHANDRASHEKARA S/O.LATE P.G.REVANNA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 AGED ABOUT 26 YEARS, APPELLANTS NOS.3 TO 6 ARE R/AT PERAMANAHALLI VILLAGE, URDIGERE HOBLI, TUMKUR - 572140. APPELLANTS (BY SRI. ANIL KUMAR., FOR SRI. VENKATESH P DALWAI., FOR SRI. SOMANAGOWDA PATIL.,ADVOCATE) AND: 1. SRI B.N. K ANANDASHARAMA PROPRIETOR, NOVATECH, NO.55/5, DODDATHAGUR POST, ELECTRONIC CITY, HOSUR ROAD, BANGALORE-560100. 2. TATA AIG GENERAL INSURANCE COMPANY LTD 2ND FLOOR, JP & DEVI JAMBUKESHWARA ARCADE, NO.69, MILLERS ROAD, BANGALORE-560052. ITS BY THE GENERAL MANAGER. RESPONDENTS (BY SRI. H.S LINGARAJ.,ADVOCATE FOR R2; V/O DTD 20.08.2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2012 PASSED IN MVC NO.1067/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & MACT-10, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. - 3 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 THIS APPEAL, COMING ON FOR FINAL 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 19.10.2012 passed in MVC.No.1067/2009 on the file of the learned Principal Senior Civil Judge and MACT-10, Tumkur, seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondents. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. One P.G. Revanna, met with an accident on 19.05.2009 and died subsequently. His major children filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.40,000/- with interest at the rate of 6% per - 4 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 annum from date of petition till payment. Aggrieved by the said order, they preferred an appeal and mainly contended that Exs.P10, P11 and P12 are not considered by the Tribunal and has not granted any amount towards medical expenses. The Tribunal considered the mistakes made by the appellants in the oral evidence instead of considering the documentary evidence and Revanna underwent several surgeries, as such, they incurred huge medical expenses, but the Tribunal has not awarded any amount. The driver of offending vehicle is having valid license at the time of the accident and respondent No.2 has to indemnify respondent No.1, but he contended that respondent No1 has no valid driving license and it is lapsed. Therefore, requested for modification of the order. 4. Learned counsel for respondent No.2 contended that all the children are major and are not depending upon the deceased who was aged 75 years at the time of the accident. He relied upon a citation in A. Manavalagan v.s A Krishnamurthy And Others1, where it was held that they are not dependent as such only 15% of income of the deceased is 1 ILR 2004 KAR 3268 - 5 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 to be considered. But this Court has considered 25% of the salary of the deceased for the purpose of calculation in a MFA.No.3677/2024 dated 21.04.2026. In this case, admittedly, P. G. Revanna, was aged 75 years at the time of accident and the relevant multiplier is to be taken as '5'. He met with an accident on 19.05.2009 while he was proceeding on his own TVS Moped bearing No.KA-06-J-1310 and crossing NH-4 'U' turn, at that time, Tata Indica Car bearing No.KA-51-P-5761 came and dashed him, as a result, he sustained grievous injuries, was inpatient for 10 days and died subsequently. Charge sheet is filed against the driver of Tata Indica car. It is stated that he was retired teacher and getting monthly pension of Rs.8,000/- per month, but he has not filed any document to prove his pension at the time of the accident. As he met with an accident in the year 2009, this Court finds that it is just and reasonable to take his notional income as Rs.5,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. As per the case of MFA.No.3677/2024, 25% of the income is to be taken for the purpose of calculating the loss of dependency. As petitioner is aged more than 70 years, - 6 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 he is not entitled for future prospects. As per the judgment of the Hon'ble Supreme Court in the case of Sarala Verma (Smt) And Others V/S Delhi Transport Corporation And Another2, as the dependents are six in number 1/4th is to be deducted towards his personal expenses. Loss of dependency comes to Rs.1,250/- X 12 X 5 -1/4 =Rs.56,250/-. 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, petitioner Nos.1 to 6 are children of the deceased and each of them are entitled for an amount of Rs.40,000/- 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 National Insurance Company Ltd V.s Pranay Sethi and Ors4. 5. Thus in all, compensation awarded by this Court is as below: 2 (2009) SCC 121 3 (2018) 18 SCC 130 4 (2017) 16 SCC 680 - 7 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 6. Hence, the claimants are entitled for a total compensation of Rs.3,26,250/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 19.10.2012 passed in MVC.No.1067/2009 on the file of the learned Principal Senior Civil Judge and MACT-10, Tumkur, is modified. iii. The claimants are entitled to a sum of Rs.3,26,250/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.40,000/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal and Sl.Nos. Particulars Amount in Rs. 1. Parental consortium 2,40,000/- 2. Conventional heads 30,000/- 3. Loss of dependency 56,250/- Total 3,26,250/- - 8 - HC-KAR CNR: KAHC010106342013 NC: 2026:KHC:46863 MFA No. 1574 of 2013 respondent No.2 is directed to deposit the enhanced compensation of Rs.2,86,250/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit all the petitioners are permitted to withdraw entire amount equally along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 22