- 1 - HC-KAR NC: 2026:KHC:2793 MFA No. 201 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 201 OF 2025 (MV-D) BETWEEN: 1. SMT BHARATHI K W/O LATE RAJ KUMAR, AGED ABOUT 39 YEARS, 2. HEMANTH G. R (MINOR), D/O LATE RAJ KUMAR, AGED ABOUT 14 YEARS 3. LAKSHITH G.R (MINOR), D/O LATE RAJ KUMAR, AGED ABOUT 10 YEARS MINOR APPELLANT NO.2 & 3 REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER. 4. SMT. UKRU W/O LATE MAHALINGA NAIK, AGED ABOUT 73 YEARS, MOTHER OF DECEASED RAJ KUMAR. ALL ARE RESIDING AT GORADKA HOUSE, AJJAVARA VILLAGE, SULLIA TALUK, D.K. DISTRICT. APPELLANTS NO.1, 2 AND 3 ARE NOW R/O BOLUBAILU HOUSE JALSOOR POST AND VILLAGE SULLIA TALUK. D.K.DISTRICT-574 239. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2793 MFA No. 201 of 2025 …APPELLANTS (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. SRI GANAPAYYA GOWDA, AGED ABOUT 73 YEARS S/O KORAGAPPA GOWDA R/O KATTAKODY HOUSE MARKANJA POST AND VILLAGE SULLIA TALUK, D.K. DISTRICT-574 248. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE PRABHU BUILDING OPP. ARUNA TALKIES, MAIN ROAD PUTTUR TALUK, D.K. DISTRICT-574 201 …RESPONDENTS (BY SRI. C. SHANKARA REDDY FOR R2, V/O DTD:05.08.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2023 PASSED IN MVC NO. 1839/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MEMBER, MACT, PUTTUR D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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:2793 MFA No. 201 of 2025 ORAL JUDGMENT This appeal is filed against the judgment and award dated 03.07.2023 passed by the Principal Senior Civil Judge and JMFC and Member, MACT, Puttur, D.K., in MVC No.1839 of 2019. One Raj Kumar met with an accident on 20.04.2019 and died subsequently. His wife, minor children and mother filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record granted Rs.17,65,000/- with interest at the rate of 9% per annum from date of petition till deposit. 2. Aggrieved by the said order, the claimants have preferred this appeal and mainly contended that Tribunal granted inadequate compensation and also granted meagre amounts under the other heads and thus, requested for enhancement of the compensation. 3. Learned counsel for respondent stated that the Tribunal rightly considered all the aspects and granted reasonable compensation and it needs no interference. 4. Heard the arguments of learned counsel both sides. - 4 - HC-KAR NC: 2026:KHC:2793 MFA No. 201 of 2025 5. Though it was stated that the deceased Raj Kumar was aged 42 years and doing a work at MESCOM as Meter Reader and earning Rs.30,000/- per month, no income proof has been filed. As he met with accident in the year 2019, his notional income is to be taken as Rs.14,000/- as per the charge prepared by Karnataka State Legal Services Authority. He was aged 42 and the multiplier is to be taken as 14. The deceased is entitled for 25% towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi1, and one fourth is to be deducted towards personal expenses as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation2. So, the loss of dependency comes to Rs.22,05,000/- (14,000 + 25% – ¼ x 12 x 14). 6. Further, as per the guidelines of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2026:KHC:2793 MFA No. 201 of 2025 the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, the first petitioner is entitled for Rs.44,000/- as a spousal consortium, petitioner Nos.2 and 3 each are entitled for Rs.44,000/- towards parental consortium and the fourth petitioner is entitled for filial consortium of Rs.44,000/-. The petitioners are also entitled for Rs.33,000/- for conventional heads as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi5. Thus, the total compensation comes to Rs.24,14,000/-. 7. In all, the claimants are entitled for the compensation of Rs.24,14,000/- with interest at 6% per annum as against Rs.17,65,000/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 22,05,000/- 2. Loss of Consortium 1,76,000/- 4 (2020) 9 SCC 644 5 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:2793 MFA No. 201 of 2025 3. Towards conventional heads 33,000/- Total 24,14,000/- 9. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimants are entitled for the total compensation of Rs.24,14,000/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.6,49,000/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the first petitioner alone is permitted to withdraw the amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 60