- 1 - HC-KAR NC: 2026:KHC:1989 MFA No. 1152 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1152 OF 2021(MV-D) BETWEEN: 1. SMT. SESAMMA, W/OLATE YADAVA POOJARY AGED ABOUT 68 YEARS 2. ARATHI D/O LATE YADAVA POOJARY AGED 36 YEARS 3. SANTHOSH S/O LATE YADAVA POOJARY AGED ABOUT 35 YEARS ALL ARE R/O MADOOR HOUSE NEAR BHAGAVATHI TEMPLE, KOTEKAR POST AND VILLAGE MANGALURU TQ - 575022 &APPELLANTS (BY SRI. GURUPRASAD B R.,ADVOCATE) AND: 1. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., IFFCO SADAN Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1989 MFA No. 1152 of 2021 CI DIST CENTRE SAKET NEW DELHI - 110017 REPRESENTED BY ITS MANAGER 2. NAVAYUGA ENGINEERING CO. LTD., PLOT NO. 379, ROAD NO.10, JUBLEE HILLS, HYDERABAD - 500033. &RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R1; V/C/O DATED 12.11.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2019 PASSED IN MVC NO.909/2014 ON THE FILE OF THE MACT AND III ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, MANGALURU D.K, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:1989 MFA No. 1152 of 2021 ORAL JUDGMENT Heard Sri.Guruprasad B.R., learned counsel for the appellants as well as Sri. B.C. Shivanne Gowda, learned counsel for respondent No.1. 2. Being aggrieved by the sum that is awarded as compensation and contending that the amount awarded is grossly low, the claimants in MVC No.909/2014 that stood pending before the Motor Accident Claims Tribunal, Mangaluru D.K. and was disposed of through the order dated 24.09.2019 are before this Court. 3. The only point highlighted and urged by learned counsel for the appellants is in respect of failure on part of the tribunal to add future prospects. 4. Undisputedly, the deceased Naveen (hereinafter be referred to as 'the deceased' for brevity) died at the age of 23 years, as a bachelor and while working as welder under PW2. Therefore, as per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others, reported in - 4 - HC-KAR NC: 2026:KHC:1989 MFA No. 1152 of 2021 (2017) 16 SCC 680, 40% of the earnings are required to be added towards future prospects. Thus, on taking the notional income as ¹9,000/- per month, adding 40% towards future prospects, deducting 50% towards personal and living expenses which the deceased would have incurred for himself had he been alive and applying multiplier '18' as per the decision of the Hon'ble Apex Court in the case of Sarla Verma and Others v. Delhi Transport Corporation and Another, reported in 2009 SAR (Civ) 592, the compensation which the first appellant who is the mother of the deceased is entitled to receive towards loss of dependency is as under: Description Amount (Rs.) Notional monthly income 09,000-00 Annual income (09,000 x 12) 1,08,000-00 On adding 40% towards future prospects (1,08,000+40%) 1,51,200-00 On deducting 50% towards personal and living expenses 75,600-00 Loss of dependency on applying appropriate multiplier '18' (75,600x18) 13,60,800-00 - 5 - HC-KAR NC: 2026:KHC:1989 MFA No. 1152 of 2021 5. Thus, the first appellant is entitled to a sum of ¹13,60,800/- towards 'loss of dependency'. Also the appellants are entitled to ¹15,000/- towards funeral expenses and ¹15,000/- towards loss of estate. Further, the first appellant is entitled to a sum of ¹40,000/- towards loss of filial consortium. That apart, the appellants are entitled to a sum of ¹2,93,378.25 towards medical expenses. Hence, the entitlement of the appellants for compensation under different heads is as under: Sl. No Heads of compensation Amount in Rs. 1 Loss of dependency 13,60,800-00 2 Funeral expenses 15,000-00 3 Loss of estate 15,000-00 4 Loss of filial consortium 40,000-00 5 Medical expenses 2,93,378.25 Total Compensation 17,24,178.25 6. Therefore, it is clear that the appellants are entitled to a sum of ¹17,24,178/- as compensation. Hence, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. - 6 - HC-KAR NC: 2026:KHC:1989 MFA No. 1152 of 2021 ii) The compensation that is granted by the Motor Accident Claims Tribunal, Mangaluru D.K. through orders in MVC No.909/2014 dated 24.09.2019 is enhanced from ¹13,15,378/- to ¹17,24,178/-. iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v) On such deposit, the first appellant is permitted to withdraw the entire enhanced sum. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 46