- 1 - HC-KAR NC: 2026:KHC:3139 MFA No. 99 of 2024 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. 99 OF 2024 (MV-D) BETWEEN: 1. SMT KAVYA T W/O LATE C.R.BAIRESH., D/O T THIMMAPPA, AGED ABOUT 25 YEARS, R/O DODDAMAGADI VILLAGE, DAVANAGERE TALUK AND DISTRICT – 577 534. 2. SMT. SUSHEELAMMA W/O RAJAPPA, AGED ABOUT 60 YEARS, 3. C. RAJAPPA, S/O LATE BASAPPA, AGED ABOUT 62 YEARS APPELLANT NO.2 AND 3 ARE R/O S.T.COLONY, KANANURU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT – 577 552. …APPELLANTS (BY SRI. G.J.SUNKAPUR., ADVOCATE) AND: 1. SRI HARISH K B S/O BASAVARAJAPPA K.S. AGED ABOUT 38 YEARS, DRIVER AND OWNER OF CAR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3139 MFA No. 99 of 2024 BEARING REG. NO.17/MA-3854 R/O KAKANURU VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 552 2. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, NO.289/12 2ND FLOOR, A.M.ARCADE, NEAR VIDYARTHI BHAVAN, C.G.HOSPITAL ROAD, DAVANAGERE - 577 004. …RESPONDENTS (BY SRI. B. VENKATESH KAMATH., ADVOCATE FOR R2, V/O DATED 07.07.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.31.07.2023 PASSED IN MVC NO.348/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, V MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 31.07.2023 passed in MVC No.348 of 2022 by the I Additional Senior Civil Judge and Member V MACT, Davanagere. One C.R. Bairesh, son of C. Rajappa, aged about 29 years, met with an accident on 01.06.2022 and died. His Wife and parents filed - 3 - HC-KAR NC: 2026:KHC:3139 MFA No. 99 of 2024 claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considered the entire evidence on record and granted Rs.30,36,270/- with interest at the rate of 6% per annum from date of petition till realisation. 2. Aggrieved by the said order, this appeal is filed in which it is mainly contented that loss of consortium is not granted to the parents of the deceased. Meager amounts are granted under the other heads. The rate of interest granted is also on lesser side. Thus, requested for enhancement of compensation. 3. Heard the arguments of both sides. 4. The main contention of the learned counsel is that petitioners No.2 and 3 are the parents of the deceased and no consortium is granted to them. Since petitioners No.2 and 3 are the parents, they are also entitled for filial consortium of Rs.44,000/- by each of them. As the deceased met with an accident in the year 2022, his notional income was taken as Rs.15,500/- per month and it is confirmed. He was aged 29 years and the multiplier is 17. 40% of income is to be added - 4 - HC-KAR NC: 2026:KHC:3139 MFA No. 99 of 2024 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 third 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. Thus, the loss of dependency comes to Rs.29,51,200/- (15,500 + 40% - 1/3rd x 12 x 17). 5. 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 the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, the 1st petitioner - wife of the deceased is entitled for Rs.44,000/- for loss of spousal consortium and Petitioners no. 2 and 3 are the parents and they are entitled for Rs.44,000/- by each of them towards filial consortium. Thus, Rs.1,32,000/- is granted towards consortium. Rs.33,000/- is awarded under 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 5 - HC-KAR NC: 2026:KHC:3139 MFA No. 99 of 2024 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.31,16,200/-. 6. In all, the claimants are entitled for the compensation of Rs.31,16,200/- with interest at 6% per annum as against Rs.30,36,270/- awarded by the Tribunal. 7. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 29,51,200/- 2. Loss of Consortium 1,32,000/- 3. Towards conventional heads 33,000/- Total 31,16,200/- 8. In the result, the following order is passed: (i) Appeal is allowed in part. 5 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:3139 MFA No. 99 of 2024 (ii) The claimants are entitled for the total compensation of Rs.31,16,200/- 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.79,930/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the first petitioner/wife of the deceased is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 83