- 1 - HC-KAR CNR: KAHC010262702017 NC: 2026:KHC:47889 MFA No. 2356 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2356 OF 2017 (MV-D) BETWEEN: SRI VISHWANATHA S/O LATE NAGARAJU AGED ABOUT 21 YEARS RESIDENT OF DEVEGOWDA NAGARA THATTEKERE POST KASABA HOBLI HASSAN-573 201. …APPELLANT (BY SRI. CHETHAN B., ADVOCATE) AND: 1. SRI ILIYAZ PASHA S/O SABUSAB MAJOR RESIDENT OF BEHIND OLD MIDDLE SCHOOL ARASIKERE TALUK HASSAN DISTRICT-573103 2. THE MANAGER THE UNITED INSURANCE CO,. LTD. UMA MAHESHWARA RAO BUILDING STATION ROAD HOSAPERE BALLARY REP. BY UNITED INSURANCE CO.LTD., VENKATESHWARA BUILDING B M ROAD, HASSAN-573 201. …RESPONDENTS Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010262702017 NC: 2026:KHC:47889 MFA No. 2356 of 2017 (BY SRI. O. MAHESH, ADVOCATE FOR R2, V/O DTD: 10.01.2020 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.11.2016 PASSED IN MVC NO.1720/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MACT, HASSAN, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 18.11.2016 passed in MVC No.1720/2015 on the file of the III Additional District Judge, MACT, Hassan, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One Shashi met with an accident on 23.09.2015 and died subsequently, her son filed claim petition - 3 - HC-KAR CNR: KAHC010262702017 NC: 2026:KHC:47889 MFA No. 2356 of 2017 claiming compensation of Rs.15 lakhs. The Tribunal considering the entire evidence on record, granted an amount of Rs.5,71,000/- along with interest at the rate of 6% p.a., from date of petition till realisation. 4. Aggrieved by the said order claimant preferred an appeal and mainly contended that the tribunal granted meager amounts under other heads and thus requested for enhancement of compensation. Though it is stated that the deceased was working as an assistant to the mason for construction and earning Rs.250/- per day, they have not filed the income proof. It is submitted that the deceased was aged 40 years, as she met with an accident in the year 2015, this court finds that it is reasonable to consider her notional income as Rs.9,000/- per month, as per the chart prepared by Karnataka State Legal Services Authority. The multiplier is taken as 15. She is entitled for 25% towards future prospects and 1/3 is to be deducted towards personal expenses. Loss of dependency comes to Rs. 9,000 + 25 % x 12 x 15 – 1/3 = Rs.13,50,000/-. - 4 - HC-KAR CNR: KAHC010262702017 NC: 2026:KHC:47889 MFA No. 2356 of 2017 The first petitioner is entitled for an amount of Rs.40,000/- towards parental consortium and Rs.30,000/- towards conventional heads. Hence, the compensation is enhanced from Rs.5,71,000/- to Rs.14,20,000/- 5. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 18.11.2016 passed in MVC No.1720/2015, on the file of the III Additional District Judge, MACT, Hassan, is modified. iii. The claimant is entitled to a sum of Rs.14,20,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,71,000/- granted by the tribunal. - 5 - HC-KAR CNR: KAHC010262702017 NC: 2026:KHC:47889 MFA No. 2356 of 2017 iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.8,49,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 10