- 1 - HC-KAR CNR: KAHC010597242026 NC: 2026:KHC:53980 MFA No. 6351 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6351 OF 2026 (MV-D) BETWEEN: 1. SMT ASHWATHAMMA W/O. LATE. MUNIRAJU AGED ABOUT 40 YEARS. 2. SRI. SHASHANK C M S/O. LATE. MUNIRAJU AGED ABOUT 23 YEARS. 3. SMT. VATHSLYA C.M. W/O. MUNIRAJU AGED ABOUT 23 YEARS. 4. SMT. SARASWATHAMMA W/O. BYYANNA D/O. CHENNARAYAPPA AGED ABOUT 66 YEARS ALL ARE R/AT. No.50, CHUNCHEGOWDANA HOSAHALLI RAMESHWARA POST DODDABALLAPURA TALUK DODDABELAVANGALA BENGALURU RURAL - 561 204. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNARAKA - 2 - HC-KAR CNR: KAHC010597242026 NC: 2026:KHC:53980 MFA No. 6351 of 2026 (R.C OWNER OF BUS BEARING REG. No.KA-42-B-4203) …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. SRI GANGADHARMURTHY H S S/O. H.M. SIDDA LINGAPPA MAJOR No.70, HONNARAYANAHALLI, MADALAKOTE BENGALURU RURAL - 562 123. (R.C OWNER OF BUS BEARING REG. No.KA-42-B-4203) 2. THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., KRUSHI BHAVANA 6TH FLOOR NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI C SHANKAR REDDY, ADVOCATE FOR R2 V/O DTD. 07.09.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:12-06-2026 PASSED IN MVC No.4328/2025 ON THE FILE OF THE VIII ADDITIONAL JUDGE AND COURT OF SMALL CAUSES AND ACJM, BENGALURU 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 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNARAKA - 3 - HC-KAR CNR: KAHC010597242026 NC: 2026:KHC:53980 MFA No. 6351 of 2026 ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 12.06.2026 passed in MVC No.4328/2025 by the VIII Additional Judge, Court of Small Causes, MACT, Bengaluru (SCCH-5). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/insurer. 3. The appellants made a claim petition praying to award compensation for the death of Muniraju in a road traffic accident occurred on 07.05.2025 contending that the accident occurred due to rash and negligent driving of the driver of Bus bearing Regn.No.KA-42-B-4203. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNARAKA - 4 - HC-KAR CNR: KAHC010597242026 NC: 2026:KHC:53980 MFA No. 6351 of 2026 Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 26,77,416/- 02. Loss of consortium 1,92,000/- 03. Loss of estate 18,000/- 04. Funeral expenses 18,000/- Total 29,05,416/- 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal. 5. Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer. 6. The accident occurred on 07.05.2025 and as on the date of accident, the deceased was aged 45 years. Considering the said age, the Tribunal has rightly applied multiplier ‘14’. The notional income fixed for the year 2025 is Rs.18,000/- p.m. by the Karnataka State Legal Services Authority and the said notional income is to be taken as against Rs.17,000/- taken by the Tribunal. The Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNARAKA - 5 - HC-KAR CNR: KAHC010597242026 NC: 2026:KHC:53980 MFA No. 6351 of 2026 Tribunal considering the age of the deceased has rightly added 25% towards future prospects and rightly deducted 1/4th towards personal expenses of the deceased. In view of the same, the loss of dependency is calculated as under: Rs.18,000+25% = 22,500 – ¼ = Rs.16,875/- Rs.16,875 x 12 x 14 = Rs.28,35,000/- 7. The claimants are entitled to enhanced compensation under loss of dependency in a sum of Rs.1,57,584/- (Rs.28,35,000–Rs.26,77,416) with interest. The claimants are not seeking enhancement towards other heads. Considering the above aspects, the claimants are entitled to enhanced compensation of Rs.1,57,584/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. 8. In view of the above, the following: Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNARAKA - 6 - HC-KAR CNR: KAHC010597242026 NC: 2026:KHC:53980 MFA No. 6351 of 2026 ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.1,57,584/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellants/claimants are entitled to release of entire enhanced compensation in the ratio of 70:10:10:10. Learned counsel for respondent No.2 is permitted to file vakalath within two weeks. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 38 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNARAKA