- 1 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3384 OF 2026 (MV-D) BETWEEN: 1. SMT. SHANAZ W/O LATE SHIAK BASHEER AHAMMED @ BASHEER, AGED 47 YEARS, 2. MASTER SHAHID B. S/O LATE SHIAK BASHEER AHAMMED @ BASHEER, AGED 19 YEARS, BOTH ARE R/AT NEAR GOVT. URDU SCHOOL, VARDAPURA ROAD, KHAJIMOHALLA, HOSAKOTE TOWN, HOSAKOTE, BENGALURU(R) - 562 114. …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. TANASARA LOGISTIC INDIA PVT. LTD. PLOT NO.1B, SENGUNDRAM INDUSTRIAL AREA, MELROSUPURAM, S.P. KOIL, CHENGALPATTU, KANCHIPURAM, T.N. - 603 204. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 2. THE MANAGER RELIANCE GENERAL INS. CO. LTD., NO.28, 5 FLOOR, CENTENARY BUILDING, EAST WING, M.B. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 24.07.2026, NOTICE TO R1 IS DIESPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2025 PASSED IN MVC NO.3133/2023 ON THE FILE OF THE VI ASCJ AND ACJM AND MACT, BENGALURU (SCCH-2) 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 and Award dated 01.07.2025 passed in MVC No.3133/2023 by the VI Additional Judge, Court of Small Causes and ACJM and MACT, Bengaluru (SCCH-2). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel - 3 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 for appellants and learned counsel for respondent No.2/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 Shaik Basheer Ahammed @ Basheer in a road traffic accident occurred on 20.04.2023 contending that the accident occurred due to rash and negligent driving by the driver of Eicher Canter bearing registration No.TN-19-AM-9038. 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: Sl. No. Particulars Amount 1. Towards loss of dependency Rs. 15,48,756/- 2. Towards spousal and filial consortium (48,000/- X 2) Rs. 96,000/- 3. Loss of estate Rs. 18,000/- 4. Funeral expenses Rs. 18,000/- Total Rs. 16,80,756/- - 4 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 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.2/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer. 7. The accident occurred on 20.04.2023. The notional income fixed for the year 2023 by the Karnataka State Legal Service Authority is Rs.16,250/- and the same is to be taken as against Rs.16,000/- taken by the Tribunal. The claimants contended that the deceased was aged fifty (50) years, but the Tribunal has taken the age of the deceased as fifty five (55) years. Ex.P7 - P.M. Report wherein the age of the deceased is mentioned as fifty (50) years. Ex.P6 - Inquest Mahazar wherein the age of the deceased is mentioned as fifty (50) years. Ex.P2 - FIR, wherein the age of the deceased is mentioned as fifty five - 5 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 (55) years. Considering the age mentioned in Ex.P6 and Ex.P7, the age of the deceased is to be taken as fifty (50) years. 8. Claimant No.1 who is the wife of the deceased and her age is forty three (43) years as on the date of accident. Considering the said aspect, the age of the deceased is to be taken as fifty (50) years and multiplier applicable is '13'. The Tribunal has rightly added 10% towards future prospects and deducted 1/3rd towards personal expenses of the deceased. In view of the same, loss of dependency is calculated as under: Rs.16,250/- X 12 = Rs.1,95,000/- + 10% (Rs.19,500/-) = Rs.2,14,500/- - 1/3rd = Rs.1,43,000/- X 13 = Rs.18,59,000/-. 9. The claimants are entitled to loss of dependency in a sum of Rs.18,59,000/- as against Rs.15,48,756/- awarded by the Tribunal. - 6 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 10. The claimants are not seeking any enhancement of the compensation awarded under conventional heads. 11. Consequently, the claimants are entitled to enhanced compensation of Rs.3,10,244/- (Rs.18,59,000/- - Rs.15,48,756/-) with interest at the rate of 6% per annum from the date of petition till realisation. 12. Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest. 13. 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.3,10,244/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with - 7 - HC-KAR CNR: KAHC010317422026 NC: 2026:KHC:50405 MFA No. 3384 of 2026 interest before the Tribunal within a period of six weeks from this day. iv) The appellants/claimants are entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 42