- 1 - HC-KAR NC: 2026:KHC:15650 MFA No. 6171 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6171 OF 2025 (MV-D) BETWEEN: 1. NAGARAJU S/O LATE GOVINDAPPA, AGED ABOUT 41 YEARS, R/AT GUTTE VILLAGE, KODIGENAHALLI HOBLI, MAHDUGIRI TALUK- 572127. 2. ASWATHAMMA W/O SIDDANANJAPPA AGED AOBUT 45 YEARS, R/AT KODLAPURA VILLAGE, AKKIRAMPURA POST, HOLAVANAHALLI HOBLI, KORATAGERE TALUK- 572175. 3. NAGAMANI, W/O KARETHIMMAPPA, AGED ABOUT 43 YEARS, R/AT CHIKKAMALURU VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK- 572127. &APPELLANTS (BY SRI. K. SHANTHA RAJ., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15650 MFA No. 6171 of 2025 AND: 1. T.N.RAMAKRISHNAIAH S/O LATE NARASIMHAIAH, AGED ABOUT 55 YEARS, R/AT THERIYUR VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT- 572127. 2. UNITED INDIA INS. CO. LTD., SERVICING ADDRESS, JAYADEVA COMPLEX, B H ROAD, TUMAKURU TOWN- 572103. REPRESENTED BY ITS MANAGER. &RESPONDENTS (BY SRI. B.A.RAMAKRISHNAIAH, ADVOCATE FOR R2; V/O DT 11/03/2026, NOTICE TO R1- D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.01.2024 PASSED IN MVC NO. 204/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, 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 MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:15650 MFA No. 6171 of 2025 ORAL JUDGMENT This appeal under Section 173(1) of the Motor Vehicle Act arises from the judgment and award dated 20.01.2024 in MVC No.204/2022, passed by the learned Additional Senior Civil Judge and J.M.F.C., at Madhugiri (hereinafter referred to as the 'Tribunal'). 2. The claimants filed a claim petition under Section 166 of the Motor Vehicle Act, seeking compensation Rs.50,00,000/- with interest at 12% p.a., on account of the accidental death of Smt. Sakamma on 08.11.2021. The Tribunal awarded a total compensation amount of Rs.7,25,028/- with interest at 6% p.a. Being aggrieved by the award of the Tribunal, the claimants filed this appeal seeking enhancement of the compensation. 3. Heard the learned counsel for the parties and perused the trial court records. - 4 - HC-KAR NC: 2026:KHC:15650 MFA No. 6171 of 2025 4. The death of Sakamma in a road traffic accident on 08.11.2021 is not disputed. As on the date of the accident, she was 65 years old and it is contended that she was earning Rs.30,000/- per month by doing coolie work and selling flowers. To substantiate the same, the claimants have not produced any evidence. In the absence of proof, the notional income of the deceased is assessed at Rs.15,000/- p.m. as per the chart prepared by the Karnataka Legal Service Authority. As she was aged 65 years as on the date of the accident, relevant multiplier is '7' she is not entitled for future prospectus and 1/3rd is to be deducted towards personal expenses, loss of dependency comes to Rs.8,40,000/- (15,000 x 12 X 7- 1/3 ). 5. The claimants/ children of Sakamma are entitled for parental consortium of Rs.44,000/- by each of them and also of Rs.33,000/- towards loss of estate and funeral expenses. - 5 - HC-KAR NC: 2026:KHC:15650 MFA No. 6171 of 2025 6. Thus in all, compensation awarded by this Court is as below: 7. In all, the claimants are entitled to a total compensation of Rs.10,05,000/- as against Rs. 7,25,028/- awarded by the Tribunal. The enhanced compensation amount of Rs.2,79,972/- shall carry interest at 6% per annum from the date of the petition till realization. To this extent, the impugned judgment and award stand modified. 8. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 8,40,000/- 2 Towards parental consortium 1,32,000/- 3 Towards conventional heads 33,000/- Total 10,05,000/- - 6 - HC-KAR NC: 2026:KHC:15650 MFA No. 6171 of 2025 compensation of Rs. 2,79,972/- along with the interest at the rate of 6% within one month from the date of this order. 9. On such deposit, claimants-appellants of the deceased are permitted to withdraw the entire amount along with interest accrued on it equally. 10. It is made clear that the claimants- appellants are not entitled to interest for the delayed period of 481 days in filing the appeal as per order dated 11.03.2026, on I.A.No.1/2025. Accordingly, the appeal is allowed in part. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 49