- 1 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 320 OF 2025 (MV-I) BETWEEN: SRI SRINIVASAIAH B V SINCE DEAD BY HIS L.RS SMT. LAKSHMINARASAMMA W/O. LATE. SRINIVASAIAH B.V. SINCE DEAD BY HER L.R.S 1. SMT. NALINA B.S. D/O. LATE SRINIVASAIAH B.V. W/O. MURTHY L.K. AGED ABOUT 47 YEARS R/AT No.24, SRI. VENUGOPALASWAMY LINGANAHALLI BENGALURU-560 089. 2. SMT. PRAMEELA B.S. D/O. LATE SRINIVASAIAH B.V. W/O. VENKATESH B.S. AGED ABOUT 44 YEARS R/AT CHIKKANAHALLI VILLAGE AND POST HOLAVANAHALLI HOBLI, TUMKURU TALUK AND DISTRICT – 572 101. …APPELLANTS (BY SRI VIJAY KUMAR T, ADVOCATE) Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 AND: 1. UNITED INDIA INSURANCE CO. LTD., REP. BY ITS MANAGER TP HUB CLAIM TRIBUNAL KRISHI BHAVAN BUILDING NRUPATHUNGA ROAD BENGALURU-560 001. 2. SRI. BASAVARAJU, S/O. LATE GANGANNA AGED MAJOR, 18 GARDEN ROAD, AGRAHARA TUMKUR-572 101. 3. SRI. VENKATESHA BABU B.S. S/O. LATE. SRINIVASAIAH B.V. AGED ABOUT 28 YEARS R/AT CHIKKANAHALLI VILLAGE AND POST HOLAVANAHALLI HOBLI TUMKURU TALUK AND DISTRICT – 572 101. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B C SHIVANNE GOWDA, ADVOCATE FOR R1 V/O DTD. 09.09.2026 NOTICE TO R2 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2024 PASSED IN MVC No. 1873/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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 KARNATAKA - 3 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 ORAL JUDGMENT This appeal is filed by appellants -claimants seeking enhancement of compensation awarded in judgment and award dated 18.01.2024 passed in MVC No.1873/2021 by XXIII Additional Judge, Court of Small Causes and MACT, Benhaluru (SCCH-25). 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.1 –insurer. 3. The injured –claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 26.05.2020 contending that the accident occurred due to rash and negligent driving of the driver of Tata Sumo bearing registration No.KA-06/B-5212. The Tribunal after recording the evidence of the parties, appreciating the Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards Pain and Suffering 1,00,000/- 02. Towards Medical Expenses 4,68,984/- 03. Towards Conveyance, transportation, food, nourishment and other incidental expenses 30,000/- Total 5,98,984/- Rounded off 5,99,000/- 4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.1 -insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.1 –insurer. 6. The claimant who has sustained injuries in the accident occurred on 26.05.2020 has made claim petition. The claimant died during the pendency of the claim Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 petition and his wife, two daughters and one son were brought on record as his legal heirs. The death of the injured is not due to accidental injuries and therefore, the Tribunal has not awarded loss of dependency. The Tribunal has awarded pain and suffering in a sum of Rs.1,00,000/- , medical expenses of Rs.4,68,984/- and attendant, conveyance charges of Rs.30,000/-. In view of death of the claimant, the legal heirs are not entitled to award of compensation under the head of pain and suffering. Legal heirs of the injured are entitled to loss of amenities. Therefore, claimants are entitled to loss of amenities in a sum of Rs.1,00,000/-. 7. The accident occurred on 26.05.2020. The claimant has been admitted on 26.05.2020 and discharged on 13.06.2020, again admitted on 18.11.2020, discharged on 27.11.2020 and again admitted on 09.12.2020 and discharged on 13.12.2020. Considering the said aspect, the claimant has been taking treatment for the injuries sustained by him in the accident for a period of 07 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 months. Therefore, claimants are entitled to loss of income during laid up period for 07 months in a sum of Rs.1,01,500/- (Rs.14,500/- [notional income fixed for year 2020] x 07 months). Therefore, the claimants are entitled to enhanced compensation of Rs.1,01,500/- with interest at the rate of 6% per annum from the date of petition till realization. Claimants are not entitled to interest for the delay period of 250 days in filing the appeal as per the order dated 09.09.2026 passed on IA No.1/2025. Respondent No.1 -insurer is liable to pay the said enhanced compensation amount with interest. 8. In view of the above, the following ORDER i) The appeal is allowed in part. ii) The appellants are entitled to enhanced compensation of Rs.1,01,500/- with interest at the rate of 6% per annum from the date of petition till realisation. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010015302025 NC: 2026:KHC:54310 MFA No. 320 of 2025 iii) The appellants are not entitled to interest for the delay period of 250 days in filing the appeal. iv) Respondent No.1 -insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day. v) The appellants are entitled to release of entire enhanced compensation amount in equal shares. (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 29 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA