- 1 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4868 OF 2024 (MV-D) BETWEEN: 1. Y M MANJUNATH S/O MADHU AGED ABOUT 42 YEARS, 2. ARYA Y M S/O MANJUNATH Y M AGED ABOUT 9 YEARS, BEING MINOR REP. BY HIS FATHER Y.M. MANJUNATH S/O MADHU AS MINOR AND NATURAL GUARDIAN) 3. VANAJAKASHI W/O GOPAL 4. GOPAL S/O GOWAPPA @ GOWDAIAH AGED ABOUT 57 YEARS, ALL ARE R/AT NO.63, SOCIETY ROAD AVALAHALLI NEAR MARIYAMMA TEMPLE GOVE ELECTRIC FACTORY, BENGALURU SOUTH, BENGALURU 560026 …APPELLANTS Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 (BY SRI. MAHADEVA SWAMY P.,ADVOCATE) AND: 1. THE MANAGER SHRIRAM TRANSPORT, NO.395, SRI. JAYALAKSHMI COMPLEX, ITPL, WHITE FIELD ROAD, HOODI, BENGALURU 560048 2. THE MANAGER IFFCO TOKIO GEN. INS. CO. LTD., NO. 141, 5th FLOOR, SHANTHI TOWERS NGEF LAYOUT, KASTURINAGAR, BENGALURU 560043 …RESPONDENTS (BY SRI.B.PRADEEP., ADVOCATE FOR R2) (V/O DATED 29.04.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.04.2024 PASSED IN MVC NO.3422/2023 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), 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:10723 MFA No. 4868 of 2024 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellants challenging the judgment and award dated 20.04.2024 passed in MVC No.3422/2023, passed in common judgment and award in MVC.No.2737/2023 C/W MVC.No.3422/2023 by the II Additional Judge and ACMM, Court of Small Causes, Bengaluru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. One Anusha G. met with an accident on 02.04.2023 and died subsequently. Her husband, her son and her parents filed a claim petition claiming compensation of Rs.1,00,00,000/-. The tribunal considering the entire evidence on record, granted an amount of Rs.52,36,962/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said award, they preferred an appeal and mainly contended that the deceased was aged - 4 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 29 years working as Accounts Executive at Viva Composite Panel Pvt. Ltd., Bengaluru and earning Rs.25,521/- per month and also conducting tuitions and earning Rs.20,000/- per month. But the tribunal has only taken income as Rs.25,521/- and annual income of Rs.3,17,771/- after deducting the professional tax, by considering Form No.16 as per Ex.P.41 and Ex.P.42 and tribunal granted meager amounts under the other heads and thus requested for enhancement of the compensation. 5. Smt.Anusha.G was aged 29 years working as Accounts Executive at Viva Composite Panel Pvt. Ltd. and earning Rs.25,521/- and filed Ex.P42 - salary slips and her degree certificate at Ex.P22 and Ex.P.26 - confirmation letter. Petitioners/appellants also examined one of the employee of the deceased as PW4 and there is no evidence regarding the fact that she was also earning Rs.20,000/- per month. As such it is right to consider her gross salary as 25,521/- per month and she was aged 28 years and the multiplier applicable is '17'. She is entitled - 5 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 for 40% towards future prospects. Though, her parents are dependants, the tribunal observed that they are staying with their son, as such, they cannot be considered as her dependants. Admittedly she is working and earning, but after the marriage she is staying in her in-laws' house and her parents are residing with their son as such they cannot be considered as dependants on her income and they are not entitled to any amount. Therefore, one third is deducted towards her personal expenses. The tribunal rightly granted Rs.50,41,962/- towards loss of dependency and it needs no interference. 6. Accident occurred on 20.02.2023. First petitioner is entitled for Rs.48,000/- towards spousal consortium and petitioner No.2 Rs.48,000/- towards parental consortium and they are also entitled for Rs.36,000/- towards other conventional heads. Mother and father of the deceased are entitled for Rs.48,000/- each towards parental consortium. - 6 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 7. The total compensation comes to Rs.50,41,962/-+Rs.48,000/- + Rs.48,000/-+ Rs.48,000/- + Rs.48,000/- + Rs.36,000/- = Rs.50,69,962/- . 8. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of dependency 50,41,962.00 2. Spousal consortium 48,000.00 3. Parental consortium (48,000/- X 3) 1,44,000.00 4. Conventional heads 36,000.00 TOTAL 52,69,962.00 9. The Tribunal has awarded the compensation of Rs.52,36,962/- but the appellants are entitled to total compensation of Rs.52,69,962/-. Compensation is enhanced from Rs.52,36,962/- to Rs.52,69,962/-. 10. Accordingly, I proceed to pass the following: ORDER - 7 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal dated 20.04.2024 in MVC No.3422/2023; passed in common judgment and award in MVC.No.2737/2023 and MVC.No.3422/2023 is hereby modified holding that the claimant is entitled for total enhanced compensation of Rs.52,69,962/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.52,36,962/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.33,000/- with interest at the rate of 6% p.a. within 1 month from the date of this order. iv. This court finds it reasonable to permit the parents of the deceased to take an amount of Rs.2,50,000/- each of them and second petitioner is aged 9 years, Rs.20,00,000/- is to be kept in fixed deposit in the name of the second petitioner till he attains the age of majority. v. The first petitioner/father is permitted to withdraw the interest accrued on fixed deposit amount on - 8 - HC-KAR NC: 2026:KHC:10723 MFA No. 4868 of 2024 behalf of the minor petitioner to meet out his day to day expenses and the first petitioner is permitted to withdraw the balance amount along with interest accrued. vi. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 92