- 1 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 9618 OF 2025 (MV-D) BETWEEN: 1. SMT. NARASAMMA W/O LATE LAKSHMI NARAYANAPPA, 50 YEARS, 2. SRI. RAGHU S/O LATE LAKSHMI NARAYANAPPA, 34 YEARS, 3. SRI. RANGANATH S/O LATE LAKSHMI NARAYANAPPA, 30 YEARS, 4. SAKAMMA W/O LATE KARIYAPPA, 67 YEARS, (DEAD OTHER LR'S ARE ALREADY ON RECORD) RESPONDENT NOS.1 TO 3 ARE R/O KODAGADALA VILLAGE, PUTRAVARA HOBLI, MADHUGIRI TALUK, TALUK, TUMKUR - 572 124. …APPELLANTS (BY SRI. SHARADAMBA A.R., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 AND: 1. CHOLAMANDALAM MS GENERAL INS. CO. LTD., THE BRANCH MANAGER, UNIT NO.4, 9TH FLOOR, (LEVEL 6) GOLDEN HEIGHT COMPLEX, 59TH CROSS, 4TH M BLOCK, INDUSTRIAL SUBURB, RAJAJINAGAR, BANGALORE - 560 001. 2. PATHAN HANEEF SAB, S/O LATE ABDUL GAFOOR, R/AT DARINAIKANAPALYA VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPUR - 562 103. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R1; VIDE ORDER DATED 10.08.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2024 PASSED IN MVC NO.2470/2023 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT, BENGALURU (SCCH-11), 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 claimants seeking enhancement of compensation awarded in the Judgment - 3 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 and Award dated 03.04.2024 passed in MVC No.2470/2023 by I Additional Small Causes Judge and ACMM and Member, MACT, Bengaluru (SCCH-11). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellants and learned counsel for respondent No.1/insurer, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Lakshmi Narayanappa in a road traffic accident occurred on 23.02.2023 contending that the accident occurred due to rash and negligent driving by the driver of Canter bearing registration No.KA-40-A-8988. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: - 4 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 Sl. No. Particulars Amount 1. Towards dependency and loss of future income Rs. 14,25,600/- 2. Towards Consortium 1. Spousal Consortium 2. Parental Consortium (2) 3. Filial Consortium Rs. 44,000/- 88,000/- 44,000/- 3. Towards loss of estate & funeral expenses Rs. 33,0000/- 4. Medical Expenses Rs. 1,11,745/- Total Rs. 17,46,345/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.1/insurer to pay the compensation awarded. The claimants have filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellants and learned counsel for respondent No.1/insurer. 7. The accident occurred on 23.02.2023 and as on the date of accident, the deceased was aged fifty six (56) years. Considering the said age, the Tribunal has rightly applied multiplier '9'. Considering that the claimants are - 5 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 the four in numbers, the Tribunal has rightly deducted 1/4th towards personal expenses of the deceased. The Tribunal has also rightly added 10% towards future prospects. The notional income fixed for the year 2023 is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. In view of the same, loss of dependency is calculated as under: Rs.16,250/- X 12 = Rs.1,95,000/- - 1/4th= Rs.1,46,250/- X 9 = Rs.13,16,250/- + 10% = Rs.14,47,875/- 8. The Tribunal has awarded compensation under conventional heads by taking 10% escalation. The accident occurred after six (06) years of the decision of the Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157 and therefore, escalation is to be taken at 20%. Therefore, the claimants are entitled to consortium in sum of Rs.1,92,000/- (Rs.48,000/- X 04) and Rs.18,000/- towards funeral - 6 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 expenses and Rs.18,000/- towards loss of estate. The Tribunal has also rightly awarded medical expenses of Rs.1,11,745/-. 9. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of dependency Rs. 14,47,875/- 2. Loss of consortium Rs. 1,92,000/- 3. Loss of estate Rs. 18,000/- 4. Funeral expenses Rs. 18,000/- 5. Medical expenses Rs. 1,11,745/- Total Rs. 17,87,620/- 10. The claimants are entitled to total compensation of Rs.17,87,620/- as against Rs.17,46,345/- awarded by the Tribunal with interest. 11. Consequently, the claimants are entitled to enhanced compensation of Rs.41,275/- (Rs.17,87,620/- - Rs.17,46,345/-) with interest at the rate of 6% per annum from the date of petition till realisation. - 7 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 12. Respondent No.1/insurer is liable to pay the said enhanced compensation amount with interest. 13. The claimants are not entitled to interest for the delay period of 509 days in filing the appeal as per order dated 18.09.2026 passed on I.A.No.1/2026. 14. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.41,275/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.1/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The claimants are not entitled to interest for the delay period of 509 days in filing the appeal. - 8 - HC-KAR CNR: KAHC010834302025 NC: 2026:KHC:51068 MFA No. 9618 of 2025 v) The appellants/claimants are entitled to release of entire enhanced compensation with interest in the ratio of 50:25:25.. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 4