- 1 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7142 OF 2024 (MV-D) BETWEEN: 1. SAVITHRAMMA W/O LATE SRINIVAS, NOW AGED ABOUT 35 YEARS, 2. KARTHIK, S/O LATE SRINIVAS, NOW AGED ABOUT 14 YEARS, 3. CHAITHRA, D/O LATE SRINIVAS, NOW AGED ABOUT 12 YEARS, 4. PUTTATHAYAMMA, W/O LATE RANGASWAMY, NOW AGED ABOUT 73 YEARS, APPELLANT NO.2 AND 3 ARE MINORS REP. BY N/G AND GRAND MOTHER APPELLANT NO.1 ALL ARE R/A HANUMANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK. &APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. LEELA PRASAD S/O DEVARAJU, NOW AGED ABOUT 31 YEARS, R/A BENAKANAKERE VILLAGE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 DABBEGHATTA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT- 572227 2. THE MANAGER, IFFCO TOKIO INSURANCE CO., LTD., CUSTOMER SERVICE CENTRE, SRI SHANTHI TOWER, 5TH BUILDING, 141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTHURU NAGAR, BANGALORE- 506043 3. H.J. KUMAR, MAJOR, S/O JAVAREGOWDA, R/A NO.13, 4TH MAIN ROAD, N.T. PET, BANGALORE NORTH, BANGALORE-560002 4. THE MANAGER, RELIANCE GEN. INSURANCE CO., LTD., 1ST FLOOR, KRUTHIKA ORCADE, N.R. CIRCLE, HASSAN-573201 &RESPONDENTS (BY SRI. P.S.JAGADISH, ADVOCATE FOR R2; SRI. B.PRADEEP, ADVOCATE FOR R4; NOTICE TO R1 AND R3-D/W) THIS MFA FILED IS U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.01.2024 PASSED IN MVC NO.1207/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 29.01.2024 passed in MVC No.1207/2019 on the file of the V Additional District & Sessions Judge, Hassan, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondents No.2 and 4. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. Brief facts of the case are that, one Sri. Srinivasa, met with an accident on 10.10.2018 and died on 21.10.2018 during the course of treatment. His wife, children and parents filed claim petition claiming compensation of Rs.25,00,000/-. During the pendency of - 4 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 the claim petition, father of the deceased died. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.23,78,500/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, claimants have preferred this appeal. 4. It is stated that Srinivasa was aged 40 years as on the date of the accident and was doing agriculture and working in a hair salon shop and was earning Rs.20,000/- per month. The Tribunal instead of adding 40% towards future prospectus has added only 25% and requested for enhancement of compensation on the same. 5. Though it is stated that Srinivasa was earning Rs.20,000/- per month, but the claimants have not produced any substantive evidence to prove the said aspect. The accident is of the year 2018 and the Tribunal has rightly taken the notional income of the Srinivasa at Rs.12,500/- per month as per the chart prepared by the - 5 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 Karnataka State Legal Services Authority. Srinivasa was about 40 years and the applicable multiplier is '15', and he is entitled for an addition of 40% towards future prospectus, and 1/4th is to be deducted towards his personal expenses. Accordingly, the loss of dependency comes to Rs.23,62,500/- (12,500+40% x 12 x 15 -1/4). Claimants are entitled for Rs.40,000/- towards filial consortium by each of them. Rs.30,000/- is granted under conventional heads. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,62,500/- 2 Towards filial consortium (40,000 X 4) 1,60,000/- 3 Towards Medical Expenses 75,500/- 4 Towards conventional heads 30,000/- Total 26,28,000/- - 6 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 6. Hence, the appellants-claimants are entitled for a total compensation of Rs.26,28,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 29.01.2024 passed in MVC No.1207/2019 on the file of the V Additional District and Sessions Court at Hassan, is modified. iii. The claimants are entitled to a sum of Rs. 26,28,000/-/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,78,500/- granted by the tribunal. iv. Respondents/Insurance Company/KSRTC has already deposited the awarded amount before the Tribunal. Therefore, Respondents/Insurance Company/KSRTC is directed to deposit the enhanced - 7 - HC-KAR NC: 2026:KHC:15648 MFA No. 7142 of 2024 compensation of Rs.2,49,500/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, both the claimants are permitted to withdraw the entire amount along with interest accrued on it, as per the apportionment of the Tribunal. vi. However, the appellants-claimants are not entitled for interest for the delay period of 159 days as per the order dated 17.03.2026. Sd/- (P SREE SUDHA) JUDGE hr List No.: 1 Sl No.: 16