- 1 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6071 OF 2024(MV-D) BETWEEN: 1. SRI. SIDDAPPA S/O. THIMMAPPA, NOW AGED ABOUT 59 YEARS. 2. SMT. PADMAVATHAMMA W/O. SIDDAPPA, NOW AGED ABOUT 53 YEARS, BOTH ARE RESIDING AT HOSAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. &APPELLANTS (BY SRI. GOPAL KRISHNA. N, ADVOCATE) AND: 1. SRI. DEEPAK J., S/O. JAYABALAN. M, MAJOR IN AGE, RESIDENT OF NO.886, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 5TH MAIN, CHOWDESHWARI LAYOUT, MARATHAHALLI, BENGALURU - 560 037. 2. THE TATA AIG GEN. INS. COMPANY LIMITED, 2ND FLOOR, J.P. & DEVI JAMBUKESHWAR ARCADE, NO.69, MILLERS ROAD, BENGALURU-560 052. REP: BY ITS MANAGER. &RESPONDENTS (V/O DATED 19.09.2025, NOTICE TO R1 D/W; BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2023 PASSED IN MVC NO.502/2021 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 05.10.2023 passed in MVC No.502/2021 by the XVIII Additional Judge, Court of Small Causes and MACT, Bengaluru, (for short, 'the Tribunal') seeking enhancement of compensation. 3. Brief facts of the case are that, one Sri. Shashikumar/injured met with a road traffic accident on 18.09.2020 and filed a claim petition seeking compensation of Rs.1,00,00,000/- and during the pendency of the proceedings, after 18 months he died on 24.03.2022 and his parents were brought on record as his legal representatives. The Tribunal, after considering the entire evidence on record, awarded a total compensation of Rs.33,44,894/- with interest at the rate - 4 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 of 6% per annum from the date of petition till the date of realisation. 4. Aggrieved by the said award, the claimants have preferred the present appeal and mainly contended that Shashikumar sustained severe injuries in the accident and when the accident took place he was in semi-conscious and vegetative state, due to severe neurological damage to brain, resulting 100% whole body permanent disability and he was continuously under treatment till his death. In fact, he was represented by his father as next friend in the claim petition. He succumbed to the injuries on 24.03.2022. He has not done any job or earned any income from 18.09.2020 till his death on 24.03.2022. There was a total loss of earnings for a period of 2 years and 6 months. As such, the appellants are entitled for loss of earnings during laid up period. No compensation was granted towards attendant charges though he had suffered permanent disability for one year six months. The Tribunal assessed - 5 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 the income of the deceased as Rs.14,500/- per month, but he was working in a private company and earning an amount of Rs.16,000/- per month and died in the year 2022. Therefore, the said income has to be considered for calculating the loss of dependency and thus, requested for enhancement of the compensation. 5. Learned counsel for the respondents stated that the P.M. report is not filed and the injured died during COVID-19 period. It is not established whether he died due to COVID-19 or due to injuries sustained in the accident. The cause of death is shown as cardio- respiratory arrest. Death summary is produced under Ex.P21 wherein it is mentioned as follows: "1. Cardiac respiratory arrest 2. Bilateral Pneumonia with Septicemia 3. Hyponatremia 4. Old case of left Acute SDH with Bifrontal Right parieto occipital EDH-post OP status in vegetative state." - 6 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 On perusal of Ex.P21 shows that his condition was gradually deteriorated and he succumbed to the injuries on 24.03.2022 at 6.30 a.m. and declared as dead. 6. Learned counsel for the appellants mainly contented that the injured died in the year 2022. Therefore, his notional income has to be taken as per the chart, for the year 2022, but the Tribunal has considered the notional income for the year 2020, in which he met with an accident. Learned counsel for the respondent opposed the same on the ground that no PM report is filed. 7. Initially, the injured met with an accident, sustained injuries and also filed claim petition claiming compensation for the injuries sustained by him in the accident, but during the pendency of the petition he died and his parents came on record, then the case was converted as case of death. Though it is stated that the deceased was working as a sales manager in agricultural department and earning Rs.16,000/- per month, he has - 7 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 not filed any document on record. As he died in the year 2022 and he was aged about 28 years as on the date of the accident, this Court finds it reasonable to take his income at Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. As on the date of accident, he was aged about 28 years and even if it is considered that he was aged about 30 years as on the date of death i.e., 24.03.2022, the multiplier applicable is '17', 40% has to be added towards future prospects and 50% has to be deducted towards personal expenses as he is unmarried. Accordingly, the loss of dependency comes to Rs.22,13,400/- (15,500+40%X12X17-50%). Appellant Nos.1 and 2 are entitled for filial consortium of Rs.44,000/- each and they are also entitled for Rs.33,000/- under the Conventional heads. The Tribunal has also granted Rs.11,69,794/- towards medical expenses incurred by him and the same is confirmed. The counsel of the appellants requested this Court to - 8 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 grant attendant charges as he was hospitalized for a period of 1 year 6 months, but he has not filed any record to show that how much amount he incurred towards attendant charges. It is stated that he was in hospital for some period and for certain period he was in the house. The period when he was in the hospital was also not specifically stated by the counsel. Therefore, this Court finds that he is not entitled for any attendant charges for the period of 1 year 6 months. 8. Thus, the compensation awarded by this Court is as follows: 9. In summary, the appellants/claimants are entitled to a total compensation of Rs.35,04,194/- as against Rs.33,44,894/- awarded by the Tribunal. The Particulars Amount in Rs. Loss of dependency 22,13,400.00 Filial Consortium (44,000X2) 88,000.00 Conventional heads 33,000.00 Medical expenses 11,69,794.00 Total 35,04,194.00 - 9 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 enhanced compensation comes to Rs.1,59,300/-. To this extent, the award passed by the Tribunal is modified. 10. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 05.10.2023 passed in MVC No.502/2021, by the XVIII Additional Judge, Court of Small Causes, Bengaluru, is hereby modified; iii. The appellants-claimants are entitled to enhanced compensation of Rs.1,59,300/-. (Rs.35,04,194/- minus Rs.33,44,894/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced - 10 - HC-KAR NC: 2026:KHC:20178 MFA No. 6071 of 2024 compensation of Rs.1,59,300/- with interest rate of 6% within one month from the date of this order. v. On such deposit, the appellants/claimants are permitted to withdraw the entire amount along with interest accrued on it equally. vi. Claimants are not entitled for interest for delay period of 217 days as per IA.No.1/2024 order dated 19.09.2025. Sd/- (P SREE SUDHA) JUDGE BN List No.: 1 Sl No.: 77