- 1 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 49 OF 2025 (MV-D) BETWEEN: 1. ROOPA W/O LATE KRISHNAMURTHY AGED ABOUT 23 YEARS HOUSEHOLD AND COOLIE WORK 2. KRUTHIKA D/O LATE KRISHNAMURTHY AGED ABOUT 5 YEARS APPELLANT No.2 IS A MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT No.1. 3. SHANTHAMMA W/O HANUMANTHAPPA AGE 52 YEARS, HOUSEHOLD WOR 4. HANUMANTHAPPA S/O SANNA HANUMAIAH AGE 62 YEARS, COOLIE WORK ALL ARE R/O RANGAPURA VILLAGE JAGALUR TALUK, DAVANAGERE-577 528. …APPELLANTS (BY SMT. BHAVANA T S, ADVOCATE FOR SRI. R SHASHIDHARA, ADVOCATE) Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 AND: 1. SHIVANANDA S LANGUTI S/O SHANKARAPPA, AGE 52 YEARS. OWNER OF LORRY BEARING No.KA-25/B-5068 R/O 47, 4TH CROSS, FOREST COLONY N.T. HILL ROAD, HUBBALLI, DHARWAD DISTRICT-580 020. 2. THE LEGAL MANAGER HDFC ERGO GENERAL INSURANCE CO., LTD., 2ND FLOOR, 25/1, BUILDING No.2 SHANKARANARAYANA BUILDING M.G. ROAD, BENGALURU-560 001. 3. ISMAIL @ ISMAIL JAMAKHANDI S/O BABU SAB @ BABU SAB JAMAKHANDI AGE 44 YEARS, OWNER OF TATA ACE BEARING No.KA-31/7402 R/O HALURU ONI, MUNDAGODA TOWN UTTARAKANNADA DISTRICT-581 301. 4. THE LEGAL MANAGER CLAIMS CHOLAMANDALAM MS GENERAL INSURANCE CO., LTD., UNIT No.04, 9TH FLOOR, (LEVEL-06), “GOLDEN HEIGHTS COMPLEX”, 59TH C CROSS, INDUSTRIAL SUBURB RAJAJI NAGAR, 4TH 'M' BLOCK BENGALURU-560 010. …RESPONDENTS (BY SRI H S LINGARJU, ADVOCATE FOR R2 V/O DTD. 8.6.2026, NOTICE TO R1 , R3 AND R4 ARE D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.10.2024 PASSED IN MVC No.324/2022 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, ITINERARY COURT, JAGALUR, PARTLY ALLOWING THE CLAIM PETITION Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 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 16.10.2024 passed in MVC No. 324/2022 by the Senior Civil Judge and Addl. MACT-V, Jagalur. 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 Krishnamurthy (husband of claimant No. 1, father of claimant No. 2 and son of claimant Nos. 3 and 4) in a road traffic accident that occurred on 21.02.2021 due to the Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 rash and negligent driving by the driver of lorry bearing registration No. KA-25-B-5068. 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 Rs.20,40,000/- 2 Towards loss of estate Rs.15,000/- 3 Towards funeral expenses Rs.15,000/- 4 Towards loss of consortium to the petitioner No.1 to petitioner No. 4 (Rs.50,000/- X 4 = 2,00,000/-) Rs.2,00,000/- Total Rs.22,70,000/- 4. The Tribunal has also awarded interest at the rate of 6% p.a. 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 5. Heard learned counsel for appellants – claimants and learned counsel for respondent No.2 – Insurer. 6. The accident occurred on 21.02.2021 and as on the date of accident deceased was aged about 30 years. Considering the age of the deceased, the Tribunal has rightly applied the multiplier `17’. The Tribunal has rightly taken the notional income of the deceased at Rs.15,000/- per month. Learned counsel for appellants submits that the Tribunal has deducted 1/3rd towards personal expenses of the deceased. Claimants are the wife, daughter and parents of the deceased. As dependants are 4 in number, deduction is to be taken as 1/4th as against 1/3rd taken by the Tribunal. The Tribunal has not added future prospects. As the deceased was aged 30 years, future prospects is to be added at 40%. 7. In view of the above, loss of dependency is calculated as under: Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 15,000 + 6,000 (40%) = Rs.21,000/- 21,000 – 5,250 (1/4th) = Rs.15,750/- 15,750 X 12 X 17 = Rs.32,13,000/- 8. Claimants being the wife, daughter and parents of the deceased are entitled to consortium in a sum of Rs.1,76,000/- (Rs.44,000 X 4) as against Rs.2,00,000/- awarded by the Tribunal. 9. The Tribunal even though has awarded compensation towards loss of estate and funeral expenses, has not added escalation at 10%. Claimants are entitled to funeral expenses in a sum of Rs.16,500/- and loss of estate in a sum of Rs.16,500/-. 10. In view of the above, claimants are entitled to total compensation as under: 1 Towards loss of dependency Rs.32,13,000/- 2 Towards loss of estate Rs.16,500/- 3 Towards funeral expenses Rs.16,500/- 4 Towards loss of consortium Rs.1,76,000/- Total Rs.34,22,000/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 11. Considering the above aspects claimants are entitled to total compensation of Rs.34,22,000/- as against Rs.22,70,000/- awarded by the Tribunal. Consequently, claimants are entitled to enhanced compensation of Rs.11,52,000/-. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 12. 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.11,52,000/- with interest at the rate of 6% 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010001212025 NC: 2026:KHC:52461 MFA No. 49 of 2025 d. Claimants are entitled to compensation in the ratio of 60: 20 : 10 : 10. e. Share of appellant No.2 – minor daughter of the deceased in the enhanced compensation shall be kept in Fixed Deposit in any nationalized/scheduled Bank in her name till she attains majority. f. Share of remaining claimants shall be released to them. Learned counsel for respondent No.2 is permitted to file vakalath within two weeks. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 27 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA