- 1 - HC-KAR CNR: KAHC010170722026 NC: 2026:KHC:50748 MFA No. 1793 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. 1793 OF 2026 (MV-D) BETWEEN: 1. GOWRAMMA W/O LATE SIDDAIAH, AGED ABOUT 65 YEARS R/AT ANASALE VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT. 57409 2. SHOBARANI A.S. W/O PRADEEP B.M. D/O LATE SIDDAIAH, AGED ABOUT 43 YEARS, 3. KUM. PANKAJA P. D/O PRADEEPA B.M. AGED ABOUT 9 YEARS, 4. PURUSHOTHAMA P S/O PRADEEPA B.M. AGED ABOUT 10 YEARS MINORS R/P BY THEIR MOTHER-APPELLANT NO-2 AND NATURAL GUARDIAN SHOBARANI A.S. W/O PRADEEPA B.M. APPELLANT NOS.3 AND 4 ARE R/AT BELAVADI VILLAGE, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010170722026 NC: 2026:KHC:50748 MFA No. 1793 of 2026 SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 438. …APPELLANTS (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. SURESH M S/O A.R. MANJEGOWDA, MAJOR, R/AT ALADAHALLI VILLAGE, HASSAN TQ AND DISTRICT-573 201. 2. H.D.F.C ERGO GENERAL-INSURANCE COMPANY LIMITED, R/P BY MANAGER, MAHARAJA COMPLEX, OPP TO KSRTC SUB-URBAN BUS STAND, NAZARBAD, BANGALORE-NILIGIRI ROAD, MYSORE-570 010. 3. RAGAVENDRA S S/O SUDHAKAR R AGED ABOUT 49 YEARS, R/AT NO.1685, ANIKETHANA ROAD, 2ND CROSS, KUVEMPUNAGARA, MYSORE-560 023. 4. EDELWEISS GENERAL INSURANCE CO. LTD., BANDIGOWDA LAYOUT, NO.1335/A, 2ND FLOOR, PANCHAMANTHRA ROAD, OPP. TO GNANGANGA SCHOOL, J AND H BLOCK, KUVEMPUNAGARA, MYSORE-570 023 NOW CHANGED THE NAME OF ZUNO GENERAL INSURANCE LIMITED, R/P BY MANAGER, KAMALA ARCADE, 1ST FLOOR, - 3 - HC-KAR CNR: KAHC010170722026 NC: 2026:KHC:50748 MFA No. 1793 of 2026 NEW NO.71 (OLD NO. 88/A), 26TH MAIN 37TH B CROSS, JAYANAGAR, 9TH BLOCK, BANGALORE-560 069. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R.2; SRI. B. PRADEEP, ADVOCATE FOR R.4.) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD PASSED BY PRL. SENIOR CIVIL JUDGE AND MACT., AT MANDYA IN M.V.C. 1419/2022 ON 25.09.2024, THEREBY ENHANCING THE COMPENSATION SUITABLY WITH INTEREST AND GRANT SUCH OTHER RELIEFS IN FAVOUR OF THE APPELLANT IN THE CIRCUMSTANCE OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 25.09.2024 passed in MVC No.1419/2022 by the Principal Senior Civil Judge and MACT, Mandya. 2. The Tribunal, after recording evidence adduced by the parties and appreciating the evidence on record, has assessed - 4 - HC-KAR CNR: KAHC010170722026 NC: 2026:KHC:50748 MFA No. 1793 of 2026 the compensation and awarded the compensation under various heads as under: Loss of dependency Rs. 70,79,940/- Loss of Consortium Rs. 44,000/- Funeral Expenses Rs. 16,500/- Loss of Estate Rs. 16,500/- Total Compensation Rs.71,56,940/- 3. The Tribunal has also awarded interest @ 6% per annum from the date of filing the petition till the date of deposit and directed respondent nos.2 and 4 to pay the compensation at 50% each. 4. The appellants/claimants are seeking compensation under the head loss of consortium to claimant no.2, who is appellant no.2 herein. The Tribunal has not awarded consortium to appellant no.2/claimant no.2. The appellant no.2/claimant no.2 is the sister of the deceased, and therefore, she is entitled for consortium in a sum of Rs.44,000/-. The appellants are not seeking any enhancement of compensation under other heads. Thus, the appellants are entitled to enhanced compensation of - 5 - HC-KAR CNR: KAHC010170722026 NC: 2026:KHC:50748 MFA No. 1793 of 2026 Rs.44,000/- with interest @ 6% per annum from the date of petition till realisation. 5. In view of the above, the following: ORDER i) The appeal is allowed in part; ii) The appellants/claimants are entitled to enhanced compensation of Rs.44,000/- with interest @ 6% p.a. from the date of petition till realization; iii) Respondent Nos.2 and 4 shall deposit 50% each of the enhanced compensation with interest before the Tribunal within a period of six weeks from this day; iv) Appellant No.2/claimant No.2 is entitled for release of entire enhanced compensation amount with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE hkh. List No.: 1 Sl No.: 6