- 1 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5657 OF 2026 (MV-D) BETWEEN: 1. SRI. RAFIQ AHAMMED S/O NAZEER AHAMMED NOW AGED ABOUT 51 YEARS. 2. SMT. NOOR JAN W/O RAFIQ AHAMMED NOW AGED ABOUT 41 YEARS. 3. SAQHLAIN AHAMMED S/O RAFIQ AHAMMED, NOW AGED ABOUT 18 YEARS. ALL ARE RESIDING AT No. 82 KADANUR VILLAGE AND POST MADHURE (H) DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT PIN 561 204. …APPELLANTS (BY SRI B CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. MR. LOKESH K T S/O TYAGARAJU Digitally signed by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 MAJOR, (AGED OF R-1 NOT KNOWN TO APPELLANTS) RESIDING AT No. 302, NEAR NH-4 BYRAVESHWARA NAGAR NELAMANGALA BENGALURU RURAL DISTRICT PIN - 562 123. 2. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., TP HUB No. 30, 3RD FLOOR JNR CITY CENTRE, RAJA RAM MOHAN ROY ROAD SAMPANGIRAMA NAGAR BENGALURU - 560 027. BY ITS MANAGER. …RESPONDENTS (BY SRI P S JAGADISH, ADVOCATE FOR R2 V/O DTD. 13.08.2026, OTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:19.02.2026. PASSED IN MVC No.6606/2024 ON THE FILE OF THE XVI ADDL. JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL COURT OF SMALL CAUSES , BENGALURU., 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 - 3 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 ORAL JUDGMENT 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 19.02.2026 passed in MVC No. 6606/2024 by the XVI Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-14). 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal. 3. Heard learned counsel for appellants – claimants and learned counsel for respondent No. 2 – Insurer. 4. Appellants – claimants made a claim petition praying to award compensation for the death of Saif Ahamed (son of claimant Nos. 1 and 2 and brother of claimant No. 3) in a road traffic accident that occurred on 26.07.2024 due to the negligence on the part of driver of - 4 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 car bearing registration No. KA-02-MG-2469. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Loss of dependency Rs.24,94,800/- 2 Loss of consortium Rs.96,000/- 3 Loss of estate Rs.18,000/- 4 Funeral expenses Rs.18,000/- Total Rs.26,26,800 5. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimants seeking enhancement of the compensation awarded, have filed the present appeal. 6. Heard learned counsel for appellants and learned counsel for respondent No. 2. 7. Learned counsel for appellants would contend that in the claim petition it was contended that the - 5 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 deceased was studying in ITI course, but documents were not produced before the Tribunal in that regard and therefore the Tribunal has taken the notional income. Now Documents in that regard are sought to be produced under I.A. No. 2/2026 filed under Order 41 Rule 27 CPC. Considering the said documents, the deceased was studying in ITI second year and it is a two years course. He is the only son to the claimants No.1 & 2 and therefore income is to be taken higher than the notional income. He further submits that claimant No. 3 being younger sister of the deceased is entitled to consortium which is not awarded by the Tribunal. With this he prayed to allow the appeal. 8. Learned counsel for respondent No. 2 - Insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. - 6 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 9. The accident occurred on 26.07.2024 and as on the date of accident, the deceased was aged 18 years. In the claim petition it is contended that the deceased was ITI student. Even though that was the contention, no documents were produced before the Tribunal. Now in this appeal, the appellants have filed application, I.A. No. 2/2026 along with two documents; one is copy of SSLC marks card and another one is copy of ITI marks card. Said documents sought to be produced under I.A. No. 2/2026 are relevant and therefore those documents are taken on record by allowing I.A. No. 2/2026. As the deceased was studying in second year ITI, which is two years course, income of the deceased is to be taken higher than the notional income. The notional income fixed for the year 2024 is Rs.17,000/-. Therefore, income of the claimant is taken at Rs.19,000/- per month. The Tribunal has rightly added 40% towards future prospects, deducted 50% towards his personal expenses and rightly applied the multiplier `18’. - 7 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 10. In view of the above, loss of dependency is calculated as under: 19,000 + 7,600 (40%) = Rs.26,600/- 26,600 – 13,300 (50% = 13,300/- 13,300 X 12 X 18 = Rs.28,72,800/- 11. The Tribunal has not awarded consortium to claimant No. 3 - younger sister of the deceased. Said younger sister of the deceased was aged 16 years and was residing with the deceased. Considering the said aspect, claimant No. 3 who is appellant No. 3 herein is also entitled to consortium in a sum of Rs.48,000/-. 12. The Tribunal has rightly awarded funeral expenses and loss of estate. 13. In view of the above, claimants are entitled to total compensation under various heads as under: 1 Loss of dependency Rs.28,72,800/- 2 Loss of consortium Rs.1,44,000/- 3 Loss of estate Rs.18,000/- - 8 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 4 Funeral expenses Rs.18,000/- Total Rs.30,52,800/- 14. Considering the above aspects claimants are entitled to total compensation of Rs.30,52,800/- as against Rs.26,27,000/- awarded by the Tribunal. Consequently claimants are entitled to enhanced compensation of Rs.4,25,800/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Respondent No. 2 - Insurer is liable to pay the said enhanced compensation with interest. 15. In view of the above, the following; O R D E R a. Appeal is allowed in part. b. Claimants are entitled to enhanced compensation of Rs.4,25,800/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. - 9 - HC-KAR CNR: KAHC010524592026 NC: 2026:KHC:51395 MFA No. 5657 of 2026 c. Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. d. Claimants are entitled to enhanced compensation in the ratio of 40 : 40 : 20 and they are entitled to release of their share in the entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 39 Ct.sm