- 1 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 7554 OF 2025 (MV-D) BETWEEN: 1. SMT.LAKSHMAMMA, W/O LATE NARAYANACHARI AGED ABOUT 53 YEARS. 2. N SHASHIKALA W/O SURESHA.N. AGED ABOUT 42 YEARS 3. JYOTHI.G.R., W/O SANTHOSH AGED ABOUT 38 YEARS 4. MANJUNATHA.M.N., S/O LATE NARAYANACHARI AGED ABOUT 36 YEARS ALL ARE R/AT 6TH CROSS LABOUR COLONY MANDYA CITY-571 401. …APPELLANTS (BY SRI K.L. SREENIVAS, ADVOCATE) AND: 1. M.S.DILIP BUILDCON LIMITED, PLOT No.5, INSIDE GOVIND NARAYAN SINGH Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 GATE,CHUNA BHATTI, KOLAR ROAD BHOPAL, BHOPAL DISTRICT MADHYA PRADESH BY ITS MANAGER. 2. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., V.V.ROAD, MANDYA CITY-571 401. …RESPONDENTS (BY SRI ASHOK KUMAR V, ADVOCATE FOR R2 V/O DTD. 04.06.2026, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.07.2025 PASSED IN MVC No.256/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, 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 the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 05.07.2025 passed in MVC No.256/2022 by the II Additional Senior Civil Judge and MACT, Mandya. - 3 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 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. The appellants made a claim petition praying to award compensation for the death of Narayanachari in a road traffic accident occurred on 27.03.2021 contending that the accident occurred due to rash and negligent driving of the driver of vehicle bearing Regn.No.KA-11-EL- 6561. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 13,01,895/- 02. Loss of consortium 1,76,000/- 03. Loss to estate 16,500/- 04. Funeral expenses 16,500/- 05. Medical expenses 2,35,615/- Total 17,46,510/- - 4 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer. 6. The date of accident is 27.03.2021 and deceased was aged 63 years as on the date of accident. The deceased who sustained injuries in accident, succumbed to the injuries on 04.04.2021. 7. The deceased was a retired Government employee and getting pension of Rs.14,270/- as per Ex.P22 bank account statement extract. The said pension of Rs.14,270/- is to be taken as against Rs.14,200/- taken by the Tribunal. The deceased after retirement was working as a D group employee and getting salary. Ex.P28 is the appointment letter dated 01.04.2019 and as per the same, - 5 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 the salary was Rs.12,270/-p.m. Ex.P39 is the salary slip for February, 2021 and as per the same, his salary is Rs.12,704/-. The contention of learned counsel for respondent No.2/insurer that Ex.P40 is the pay slip for March, 2021 indicate salary of Rs.11,884/- and same is to be taken, cannot be accepted, since during March, 2021, the deceased worked only for 26 days. Therefore, the salary of Rs.12,704/- as per Ex.P39 is to be taken. The total income of the deceased is as under: Rs.14,270/- by pension Rs.12,704/- by salary Rs.26,974/- Total 8. In the said total, Rs.200/- professional tax is to be deducted. Therefore, the income is to be taken as Rs.26,774/-. The Tribunal has rightly deducted 1/4th towards personal expenses of deceased and rightly applied multiplier ‘7’ since the deceased is aged 63 years. In view of the above, loss of dependency is calculated as under: - 6 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 Rs.26,774 x 12 = Rs.3,21,288 – ¼ = Rs.2,40,966 Rs.2,40,966 x 7 = Rs.16,86,762/- 9. The claimant is entitled to loss of dependency in a sum of Rs.16,86,762/- as against Rs.13,01,895/- awarded by the Tribunal with interest. The Tribunal has rightly awarded compensation under conventional heads and medical expenses. Consequently, the claimants are entitled to enhanced compensation of Rs.3,84,867/- (Rs.16,86,762 – 13,01,895) with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. 10. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.3,84,867/- - 7 - HC-KAR CNR: KAHC010667322025 NC: 2026:KHC:48340 MFA No. 7554 of 2025 with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellants/claimants are entitled to release of entire enhanced compensation in the ratio of 85:5:5:5. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 50 Ct.sm