- 1 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7007 OF 2025 (MV-D) BETWEEN: 1. MANJULA B N W/O LATE NAGARAJA K.L NOW AGED ABOUT 44 YEARS. 2. KALYANI K N D/O LATE NAGARAJA K.L NOW AGED ABOUT 22 YEARS. 3. SHALINI K N D/O LATE NAGARAJA K.L NOW AGED ABOUT 20 YEARS. 4. AKSHAY K N S/O LATE NAGARAJA K.L NOW AGED ABOUT 17 YEARS. 5. AJAY K.N. S/O LATE NAGARAJA K.L NOW AGED ABOUT 17 YEARS. PETITIONER No.4 AND 5 ARE MINORS REPT. BY THEIR MOTHER MANJULA B.N. ALL ARE RESIDING AT KODIHALLI VILLAGE ANOOR POST Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT. …APPELLANTS (BY SRI GOPALKRISHNA N, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: 1. G YOGESHWARA BABU S/O G.SRINIVASALU MAJOR IN AGE RESIDING AT 3-146/5/4/1 MAYA BAZAR, MADANAPALLE CHITTOOR DISTRICT ANDHRA PRADESH-517 325. 2. THE NEW INDIA ASSURANCE CO. LTD., MOTOR TP HUB MAHALAKSHMI CHAMBERS No.9, 2ND FLOOR, M.G.ROAD BENGALURU – 560 001. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 31.07.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:16.01.2025 PASSED IN MVC No.2466/2023 ON THE FILE OF THE X ADDITIONAL CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL MACT, 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: - 3 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 16.01.2025 passed in MVC No.2466/2023 by X Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-16). 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned appearing for respondent No. 2 – Insurer it is taken up for disposal. 3. Appellants – claimants made a claim petition praying to award compensation for the death of Nagaraja K.L., (husband of claimant No.1, father of claimant Nos.2 to 5) in a road traffic accident that occurred on 20.03.2023, contending that due to the rash and negligent driving by the driver of Innova Car bearing registration No.AP-03/BW- - 4 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 4444. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Towards loss of dependency 16,87,950/- 2 Towards loss of consortium 2,40,000/- 3 Towards loss of estate 18,000/- 4 Towards funeral & obsequies ceremony expenses 18,000/- 5 Medical Expenses 1,82,251/- Total 21,46,201/- 4. The Tribunal has also awarded interest at the rate of 6% per annum 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. 5. Heard learned counsel for appellants and learned counsel for respondent No.2 –insurer. 6. The accident occurred on 20.03.2024 and as on the date of accident, deceased was aged 53 years. The Tribunal based on the documents –Ex.P21 to 24 has held - 5 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 that the deceased was doing agricultural work and also supplying milk to milk producers co-operative society. Even in spite of the said observation, the Tribunal has taken the notional income at Rs.15,500/- per month. The notional income fixed for the year 2023 by the Karnataka State Legal Services Authority is Rs.16,250/- per month. Since, the claimant was owning agricultural land and he doing milk vending, the income is to be taken higher than the notional income fixed. Therefore, the income of the deceased is taken at Rs.18,000/-. The Tribunal has rightly deducted 1/4th towards personal expenses of the deceased and applied multiplier ‘11’. In view of the above, the loss of dependency is calculated as under: Rs.18,000/- +10% (1,800/-)=19,800/-x12 = Rs.2,37,600/- less 1/4th = 1,78,200/- x 11 =Rs.19,60,200/- 7. The claimant is not seeking any enhancement under other heads. In view of the above, the claimant is entitled to enhanced compensation of Rs.2,72,250/- - 6 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 (Rs.19,60,000/- less Rs.16,87,950/-) with interest at the rate of 6% per annum from the date of petition till relisation. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest. 8. In view of the above, the following ORDER i) The appeal is allowed in part. ii) Appellants -claimants are entitled to enhanced compensation of Rs.2,72,250/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2 -insurer shall deposit the said enhanced compensation with interest to before the Tribunal within a period of 06 weeks from this day. iv) The share among claimants as determined by the Tribunal is remained unaltered. - 7 - HC-KAR CNR: KAHC010615862025 NC: 2026:KHC:50710 MFA No. 7007 of 2025 v) The share amount of claimant Nos.4 and 5 – minors shall be kept in fixed deposit in Karnataka Bank, City Civil Court Branch, Bengaluru till they attain majority. vi) Claimant Nos.1 to 3 are entitled to release their share in enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 46