- 1 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 64 OF 2026 (MV-D) BETWEEN: 1. SRI SHANMUGAM S/O. LAKSHMANAPPA, AGED ABOUT 50 YEARS, 2. MASTER. CHINMAI S/O. SHANMUGAM, AGED ABOUT 14 YEARS, REPRESENTED BY NATURAL FATHER AND MINOR GUARDIAN OF APPELLANT NO.1 SRI. SHANMUGAM, BOTH ARE RESIDING AT SUBRAMANYA TEMPLE ROAD, M.C. HALLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRTICT PIN-577 201. …APPELLANTS (BY SRI. M V MAHESWARAPPA., ADVOCATE) AND: 1. SRI RAMESHA S/O SUBRAMANI, AGED ABOUT 29 YEARS, WORKING AT DRIVER ASST. MANAGER, KOTAKA MAHENDRA BANK. R/AT. ARABALLICHI, BHADRAVATHI TALUK, SHIMOGA DISTRICT. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 PIN-570 201. 2. SHANMUGAM S/O. MANIKAYAM, AGED ABOUT 55 YEARS, OWNER OF THE VEHICLE BEARING REG. NO. KA-14-EU-1896. R/AT. ARABALLICHI, BHADRAVATHI TALUK, SHIMOGA DISTRICT PIN-570 201. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO., A.A. CIRCLE, SHIMOGA PIN-570 201. …RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH., ADVOCATE FOR R3, V/O DTD:08.01.2026 NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.06.2025 PASSED IN MVC NO.327/2023 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI, 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 ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.06.2025 passed in MVC - 3 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 No.327/2023 on the file of the IV Addl. District and Sessions Judge, Shivamogga, sitting at Bhadravathi for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One Smt.Usha, wife of Shanmugam met with an accident on 10.11.2021 when she left the house to Chowedeshwari temple, KageHalla and Subramanya Temple Kudligere to perform Pooja at about 10.15 a.m., when the petitioner No.1 was in his house one Showkath Ali made conversation through deceased Usha mobile stating that at about 9.30 a.m., Usha while walking opposite to Kudligere temple, on the site of Channagiri bhadravathi road, at that time, the rider of the Hero Honda Splendor bike, bearing Reg. no.KA-14-EU-1896, riding bike in a rash and negligent manner and dashed against Usha, immediately, she sustained grievous injury - 4 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 and was admitted to the Govt. General hospital Bhadravathi and then shifted to Mc.Gann Hospital, Shivamogga, but she succumbed to the injuries. 4. The husband and child of the deceased filed claim petition claiming compensation of Rs.70,75,000/-. The Tribunal after considering the entire evidence on record granted an amount of Rs.16,05,000/- along with interest rate of 9% p.a., from the date of petition, till the date of payment. 5. Aggrieved by the said order, they preferred an appeal and mainly contented that Smt.Usha, was working as a coolie and also doing agricultural work and was earning Rs.25,000/- per month. But the Tribunal has taken only Rs.15,000/- and the amount granted by the Tribunal under the other heads are meager. Therefore, requested for enhancement of compensation. 6. Though it is stated that Usha was earning Rs.25,000/- per month, no income proof was filed. She - 5 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 met with an accident in the year 2021. As per the chart, prepared by KSLSA her notional income is to be taken as Rs.15,000/- per month. She was aged 39 years and the multiplier taken is 15. She is entitled for 25% towards future prospects and 1/3rd is to be deducted towards her personal expenses. Loss of dependency comes to Rs.15,000 + 25% = Rs.18,750 X 12 X 15 - 1/3rd = Rs.22,50,000 (33,75,000 – 11,25,000) is granted towards loss of dependency. Petitioner No.1 is the husband of the deceased and he is entitled for Rs.40,000/- towards spousal consortium and petitioner No.2 is entitled for Rs.40,000/- towards parental consortium and both of them are entitled for Rs.30,000/- under the conventional heads. Sl. Nos. Particulars Amount in Rs. 1 Towards loss of dependency 22,50,000 2 Towards loss of consortium 80,000 3 Conventional heads 33,000 Total 23,63,000 - 6 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 Hence, the compensation granted by tribunal is enhanced from Rs.16,05,000/- to Rs.23,63,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 09.06.2025 passed in MVC No.327/2023 on the file of the IV Addl. District and Sessions Judge, Shivamogga, is modified. iii. The claimants are entitled to a sum of Rs.23,63,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.16,05,000/- granted by the tribunal. iv. Respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.7,58,000/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:2923 MFA No. 64 of 2026 v. On such deposit, petitioner No.1/the husband of the deceased is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 08.01.2026, the delay of 108 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.3 is not liable to pay the interest for the delayed period. vii. Share of petitioner No.2 shall be kept in FDR in his name in any nationalized Bank, till he attains the age of majority. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 65