- 1 - HC-KAR NC: 2026:KHC:3238 MFA No. 238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 238 OF 2025 (ECA) BETWEEN: 1. SHIVAMMA W/O LATE. CHIKKEGOWDA NOW AGED ABOUT 39 YEARS, 2. RAGHU H.C. S/O LATE. CHIKKEGOWDA NOW AGED ABOUT 24 YEARS, 3. SHANTHAMMA W/O LATE. THOPEGOWDA NOW AGED ABOUT 70 YEARS, 4. AKKAYAMMA W/O LATE. THOPEGOWDA NOW AGED ABOUT 74 YEARS, ALL ARE RESIDING AT HARADURU GANJALGUD, ARAKALAGUDU TALUK, HASSAN DISTRICT …APPELLANTS (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. FARTHAN KHAN N S/O NAWAB KHAN, AGED MAJOR RESIDING AT NO.131, 1ST MAIN ROAD, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3238 MFA No. 238 of 2025 NEAR MASJID ROAD, K.R. PURAM BENGALURU-560036 2. THE MANAGER HDFC ERGO GENERAL INS. CO. LTD., 2ND FLOOR, SHANKARANARAYANA BUILDING M.G. ROAD, BANGALORE-560001 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR RESPONDENT NO.2; VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2024 PASSED IN ECA NO.93/2022 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, SCCH-18, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 13.11.2024 passed by the III Additional Small Causes Judge, Member, MACT and ACJM, Bengaluru (henceforth referred to as 'Tribunal') in ECA No.93/2022. - 3 - HC-KAR NC: 2026:KHC:3238 MFA No. 238 of 2025 3. One Chikkegowda met with an accident on 25.02.2022 during the course of his employment and died subsequently. His wife, son and mother have filed a claim petition claiming compensation. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.7,41,680/- along with interest at the rate of 12% per annum from the date of accident till its realization. 4. Aggrieved by the said judgment and award of the Tribunal, the claimants have preferred this appeal contending that the Tribunal erred in taking the wages of the deceased as Rs.8,000/- instead of Rs.23,000/- per month and requested to enhance the compensation. 5. Admittedly, Sri. Chikkegowda met with an accident on 25.02.2022. As such, his wages has to be taken at Rs.15,000/- per month as per the Government Order dated 31.05.2020 issued by the Central Government of India, but the Tribunal erred in taking Rs.8,000/- per - 4 - HC-KAR NC: 2026:KHC:3238 MFA No. 238 of 2025 month which has to be modified. 50% of the wages comes to Rs.7,500/- (15,000 x 50%). The age of the deceased was 40 years at the time of the accident and the relevant factor is '184.17'. The claimants are entitled to Rs.5,000/- towards funeral expenses. 6. Thus, the claimants are entitled for total compensation of Rs.13,81,275/- (7,500 x 184.17) + Rs.5,000/- = Rs.13,86,275/-. 7. The Tribunal has awarded the compensation of Rs.7,41,680/- but the appellants/claimants are entitled to total compensation of Rs.13,86,275/-. Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.6,44,595/- (Rs.13,86,275 - Rs.7,41,680). 8. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. - 5 - HC-KAR NC: 2026:KHC:3238 MFA No. 238 of 2025 ii. The judgment and award dated 13.11.2024 passed by the III Additional Small Causes Judge, Member, MACT and ACJM, Bengaluru in ECA No.93/2022 is hereby modified holding that the claimants are entitled for enhanced compensation of Rs.6,44,595/- along with interest at the rate of 12% per annum from the date of accident till the date of deposit. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 12% per annum from the date of accident till the date of deposit, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, the claimants are permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE PMR List No.: 1 Sl No.: 8