- 1 - HC-KAR CNR: KAHC010435862018 NC: 2026:KHC:49960-DB MFA No. 6218 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA MISCELLANEOUS FIRST APPEAL NO. 6218 OF 2018 (MV-D) BETWEEN: 1. SMT. SANJULATHA SAMAL W/O SUBASH CHANDRA SAMAL AGED ABOUT 44 YEARS 2. SRI. UDESH SAMAL S/O SUBASH CHANDRA SAMAL AGED ABOUT 19 YEARS 3. SWADESH SAMAL S/O SUBASH CHANDRA SAMAL AGED ABOUT 14 YEARS ALL ARE R/O NO.53/A, 1ST CROSS POLICE COMPOUND, CHANNASANDRA KADUGODI, BANGALORE-560 067 …APPELLANTS (BY SRI: SRINIVASA T P, ADVOCATE) AND: 1. MALLESHA G S/O GOVINDAPPA AGED MAJOR R/O NO.182 A, THIRUVALLAVAR STREET Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010435862018 NC: 2026:KHC:49960-DB MFA No. 6218 of 2018 BELLIYAPPA NAGAR, WALAJAPET VELLOURE-632 402 2. M/S. H.D.F.C. ERGO GENERAL INSURANCE CO. LTD., NO.25/1, 2ND FLOOR SHANKARANARAYAN BUILDING M.G.ROAD, BENGALURU-560 001 …RESPONDENTS (BY SRI: D VIJAYKUMAR, ADVOCATE FOR R2 - [VC]; R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2018 PASSED IN MVC NO.1691/2017 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE & XXIII ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA) This appeal is directed against the judgment and award in MVC No.1691 of 2017 dated 13.04.2018 passed by the Motor Accidents Claims Tribunal and XV Additional Judge, Mayo Hall - 3 - HC-KAR CNR: KAHC010435862018 NC: 2026:KHC:49960-DB MFA No. 6218 of 2018 Unit, Bengaluru (SCCH-19). The claim petition was filed by the appellants herein who are the legal representatives of deceased Subash Chandra Samal, who died in motor accident occurred on 03.09.2016. 2. The claim petition was partly allowed granting compensation of Rs.17,20,000/- with interest at 9% per annum as compensation for the death of the husband of appellant No.1 and father of appellant Nos.2 and 3. Being not satisfied with the compensation awarded by the Tribunal, the appellants are before this Court seeking enhancement of compensation. 3. We have heard learned counsel for the appellants and respondent No.2 and perused the judgment and award passed by the Tribunal. 4. On hearing the parties, it is seen that there is no error committed by the Tribunal in assessing the compensation under various heads. However, taking note of the fact that the deceased was a qualified painter and appellant No.1 has lost her husband at the early age and who has to take care of teenage children on the death of her husband, on a overall - 4 - HC-KAR CNR: KAHC010435862018 NC: 2026:KHC:49960-DB MFA No. 6218 of 2018 consideration of the circumstances, we are of the opinion that the appellants would be entitled for a global enhancement of Rs.1,00,000/-. 5. In the result, (i) Appeal is allowed in part. (ii) The judgment and award dated 13.04.2018 in MVC No.1691 of 2017 passed by the Motor Accidents Claims Tribunal and XV Additional Judge, Mayo Hall Unit, Bengaluru (SCCH-19), is modified entitling the appellants for n global amount of Rs.1,00,000/- over and above the compensation already granted by the Tribunal. (iii) The enhanced compensation shall carry interest at 9% per annum from the date of petition, till its realization. Registry is directed to transmit the Trial Court records, forthwith, along with the copy of this judgment. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE BGN, List No.: 1 Sl No.: 39