- 1 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8679 OF 2025 (MV-D) BETWEEN: 1. SMT.LAKSHMI DEVI W/O LATE RANGANATH, AGE ABOUT 49 YEARS, 2. LAKSHMAMMA W/O KONDAPPA AGE ABOUT 60 YEARS, BOTH ARE RESIDENTS OF BOMMANAKATTE VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 501 …APPELLANTS (BY SRI. N. R. RANGEGOWDA, ADVOCATE) AND: 1. PRAKASH M., S/O CHIKKAMAYAGAIAH, AGE MAJOR, R/O HOUSE NO. N. C. 44/A, NEW COLONY, BHADRAVATHI TALUK, 2. THE MANAGER NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, 1ST FLOOR, DAVANGERE ROAD, Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 MAGANURU BASAPPA BUILDING, CHITRADURGA TOWN – 577 501 …RESPONDENTS (BY SRI. H.C. BETSUR ROR, ADVOCATE FOR R2; VIDE ORDER DATED 19.01.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 20.06.2025 PASSED IN MVC NO. 654/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, JMFC, ADDITIONAL MACT,NO.IV, CHITRADURGA, 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 1. This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 20.06.2025 passed in MVC No. 654/2024 by the I Additional Senior Civil Judge and Additional MACT, Chitradurga. 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 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 Rangaiah (husband of claimant No. 1 and son of claimant No. 2) in a road traffic accident that occurred on 08.03.2024 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-14-EE-7252. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Loss of dependents Rs.12,27,636/- 2 Loss of estate Rs.15,000/- 3 Funeral expenses Rs.15,000/- 4 Loss of spousal consortium Rs.40,000/- 5 Loss of parental consortium Rs.40,000/- Total Rs.13,37,636/- 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 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 08.03.2024 and as on the date of the accident deceased was aged 56 years. Considering the said age of the deceased the Tribunal has rightly applied multiplier `9’. Claimants are the wife and mother of the deceased. Considering the same, the Tribunal has rightly deducted 1/3rd towards the personal expenses of the deceased. Considering the age of the Tribunal has rightly added 10% towards future prospects. Notional income fixed by the Karnataka State Legal Services Authority for the year 2024 is Rs.17,000/- and the said income is to be taken as against Rs.15,500/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 taken by the Tribunal. In view of the same, loss of dependency is calculated as under: 17,000 + 10% = Rs.18,700/- 18,700 X 12 – 1/3 X 9 = Rs.13,46,400/- 7. The Tribunal has awarded compensation under conventional heads but has not added escalation at 20%. The accident occurred after 6 years from the date of decision in the case of National Insurance Company Vs Pranay Sethi and Others reported in AIR 2017 SC 5157 and therefore, escalation is to be added at 20% on conventional heads. Claimants are entitled to consortium in a sum of Rs.96,000/- (Rs.48,000 X 2), loss of estate in a sum of Rs.18,000/- and funeral expenses in a sum of Rs.18,000/-. 8. In view of the above, claimants are entitled to total compensation under various heads as under: 1 Towards loss of dependency Rs.13,46,400/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 2 Towards loss of consortium Rs.96,000/- 3 Towards loss of estate Rs.18,000/- 4 Towards funeral expenses Rs.18,000/- Total Rs.14,78,400/- 9. Considering the above aspects claimants are entitled to total compensation of Rs.14,78,400/- as against Rs.13,37,636/- awarded by the Tribunal. Consequently, claimants are entitled to enhanced compensation of Rs.1,40,764/- with interest. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 10. 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.1,40,764/- with interest at the rate of 6% Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010757492025 NC: 2026:KHC:53067 MFA No. 8679 of 2025 p.a. from the date of petition till the date of realization. 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 release of enhanced compensation in the ratio of 50 : 50. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 22 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA