- 1 - HC-KAR NC: 2026:KHC:7189 MFA No. 497 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 497 OF 2024 (MV-D) BETWEEN: SRI. PUNISH KUMAR C S/O CHANDRA BANU AGED ABOUT 44 YEARS, R/AT SHINE HPS LINK ROAD, SHIVA MOOKAMBIKA NAGARA TUMAKURU - 572 102. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. SURENDRA KUMAR S/O MR. NANZZU AGED ABOUT 37 YEARS, DRIVER OF THE VEHICLE TATA 1109, CONTAINER LORRY BEARING REGISTRATION NO.HR-55-T-2835, R/AT PAWARA SIRKEE, FATHEPUR SIRKEE, UTTAR PRADESH. 2. DHARMENDER MALIK S/O SATHBIR MALIK AGED ABOUT 61 YEARS, R/AT NO.1531, SECTOR-21 GURGAON, HARYANA. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7189 MFA No. 497 of 2024 3. M/S NATIONAL INSURANCE COMPANY LIMITED, TUMAKUR BRANCH, TUMAKURU. 4. SRI. DURUGANNA S/O NARASAPPA AGED ABOUT 47 YEARS, R/AT NO.59, 19TH CROSS KENCHAGANAHALLI, NAGALAMADIKE HOBLI, PALUVALLI POST, PAVAGADA TALUK - 561 202, TUMAKURU DISTRICT. 5. SRI. DEMELLO AMRUTH S/O CHANDRA BANU AGED ABOUT 50 YEARS R/AT C/O KIRAN GANDIYAR DOOR NO.205, 19TH CROSS, R.T. NAGAR, 15TH BLOCK BENGALURU - 560 032. 6. THE BRANCH MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., SRI SHANTHI TOWER, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU - 560 043. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R6; VIDE ORDER DATED 14.06.2024, NOTICE TO R1 TO R4 IS DISPENSED WITH; VIDE ORDER DATED 19.03.2025, NOTICE TO R5 IS HELD SUFFICIENT) - 3 - HC-KAR NC: 2026:KHC:7189 MFA No. 497 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2023 PASSED IN MVC NO.10/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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 appellant/cliamant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 27.01.2023 passed in MVC Nos.6/2018, 7/2018, 8/2018, 9/2018, 10/2018, 11/2018 and 12/2018. However, MFA No.497/2024 is filed against the award passed in MVC No.10/2018 on the file of the III Additional District and Sessions Judge & MACT, Tumakuru, seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.6/insrance company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 4 - HC-KAR NC: 2026:KHC:7189 MFA No. 497 of 2024 3. Brief facts of the case are that, the minor boy aged 6 years met with an accident on 07.04.2016 and died subsequently. His father aged 39 years filed petition as a natural guardian claiming compensation of Rs.16,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted global compensation of Rs.5,00,000/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, he preferred this appeal and mainly contended that the Tribunal failed to take note of the ratio laid down by the Hon’ble Apex Court and granted a global compensation without awarding amounts under the other conventional heads. Thus, requested for enhancement of the compensation. 4. Admittedly, it is a case of death of a minor boy aged 6 years. As per the decision of this Court in Girisha S. and Another Vs. Jaya Clinic and Others in MFA No.4245/2024, dated 13.01.2026, the notional income of the deceased-minor is to be taken at Rs.5,000/- per month and the multiplier is to be taken as ‘15’. Accordingly, this Court finds it reasonable to enhance the compensation from - 5 - HC-KAR NC: 2026:KHC:7189 MFA No. 497 of 2024 Rs.5,00,000/- to Rs.9,00,000/-. The father is entitled to filial consortium of Rs.40,000/- and a sum of Rs.30,000/- is granted under conventional heads. The total compensation comes to Rs.9,70,000/-. The claimant is entitled for enhanced compensation of Rs.4,70,000/- (Rs.9,70,000 minus Rs.5,00,000) 5. Respondent No.6/insurance company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.6/insrance company is directed to deposit the enhanced compensation amount of Rs.4,70,000/- with interest at the rate of 6% p.a. within a period of one month from the date of this order. On such deposit, the father as a natural guardian is permitted to withdraw the entire amount along with interest accrued on it. Accordingly, the appeal is allowed in part. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 66