- 1 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 177 OF 2024 (MV-D) BETWEEN: 1. SMT SHYLAJA H S W/O LATE RAJU K.P NOW AGED ABOUT 50 YEARS 2. KUMARI NISARGA K.R D/O LATE RAJU K P NOW AGED ABOUT 20 YEARS 3. MASTER GAGAN K R S/O LATE RAJU K P NOW AGED ABOUT 15 YEARS APPELLANT NO.3 IS MINOR REP. BY HIS N/G AND MOTHER APPELLANT NO.1, ALL ARE R/A NO. 159, NISARGA NILAYA, NEAR GOVERNMENT SCHOOL MYSORE ROAD, KUMBALAGODU KENGERI HOBI, BENGALURU-560 060. &APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. THE MANAGER CHOLAMANDALAM MS GEN. INS. CO. LTD., 6TH FLOOR, NEAR SUJATHA THEATER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 GOLDEN HEIGHTS BUILDING RAJAJINAGAR BENGALURU-560 010. 2. MANJUNATHA H R S/O RUDRAIAH HUNNIGERE SONDEKOPPA POST BENGALURU NORTH-560 213 &RESPONDENTS (BY SRI. PRADEEP B.,ADVOCATE FOR R1, SRI. M.T. RANGASWAMY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2023 PASSED IN MVC NO. 6070/2021 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, 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 appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.10.2023 passed in MVC No.6070/2021 passed by the VII Additional Small Causes Judge and ACMM, Member, MACT-3, Court Of Small Causes, Bengaluru, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One KP Raju met with an accident on 18.10.2021. His wife and children filed claim petition claiming compensation of Rs.50 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.18,35,519/- along with interest at the rate of 6% p.a., from the date of petition till deposit. 4. Aggrieved by the said order they preferred an appeal and mainly contended that KP Raju, aged 46 years was doing real estate business and was earning Rs.50,000/- per month. The amount granted by the Tribunal on the other heads are meager and the compensation is inadequate. 5. Though the petitioner stated that he was earning Rs.50,000/- per month, he has not filed any income proof. - 4 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month, as per the guidelines of Karnataka State Legal Services Authority and he was aged 46 years and the multiplier is 8139 and he is entitled for 25% towards future prospects as per National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC 680 and 1/3rd is to be deducted towards personal expenses. The loss of dependency comes to Rs. 15,000 + 25% = Rs.18,750 X 12 X 13 3 1/3rd = Rs.19,50,000/-. Further, the petitioner No.1 is entitled for Rs.44,000/- towards spousal consortium and petitioner Nos.2 and 3 are entitled for Rs.44,000/- each towards parental consortium. They are also entitled for Rs.33,000/- under the other conventional heads. The Tribunal granted medical bills of Rs.10,859/- towards medical expenses as per Ex.P22 and it needs no interference. As this is the case of no Driving License, Tribunal directed the Insurance Company for pay and recovery. Therefore, Insurance Company is directed to - 5 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 deposit the amount and they are at liberty to recover the same from the owner of the offending vehicle by due process of law. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.18,35,519/- to Rs.21,25,859/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 19,50,000 2 Towards loss of consortium (3 claimants) 1,32,000 3 Conventional heads 33,000 4 Towards medical bills 10,859 Total 21,25,859 - 6 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 05.10.2023 passed in MVC No.6070/2021 passed by VII Additional Small Causes Judge and ACMM, Member, MACT-3, Court Of Small Causes, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.21,25,859/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.18,35,519/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.2,90,340/- along with the interest at - 7 - HC-KAR NC: 2026:KHC:1972 MFA No. 177 of 2024 the rate of 6% p.a., within one month from the date of this order. v. On such deposit, petitioner No.1/wife of the deceased alone is permitted to withdraw the entire amount along with interest accrued on the same. vi. Insurance Company is directed to deposit the amount and they are at liberty to recover the same from the owner of the offending vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 60