- 1 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 718 OF 2024 (MV-D) BETWEEN: 1. MAHALINGAPPA S/O. LATE YATTHANNA, NOW AGED ABOUT 48 YEARS, 2. K. Y. JAGANNATHA S/O. LATE YATTHANNA, NOW AGED ABOUT 46 YEARS, 3. MAHESHA @ MAHESHAPPA S/O. LATE YATTHANNA, NOW AGED ABOUT 44 YEARS, 4. PATHAMMA D/O. LATE YATTHANNA, W/O. NARASIMHAMURTHY, NOW AGED ABOUT 42 YEARS, R/O. BEERENAHALLY VILLAGE, HIRIYUR TALUK. 5. YASHODAMMA D/O. LATE YATTHANNA, W/O. RAJANNA, NOW AGED ABOUT 37 YEARS, R/O. UPPARAHALLY VILLAGE, HIRIYUR TALUK. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 6. SUMITRAMMA D/O. LATE YATTHANNA, W/O. MUDIYANNA, NOW AGED ABOUT 38 YEARS, R/O. RANGENAHALLY VILLAGE, HIRIYUR TALUK. 7. SAVITHARAMMA D/O. LATE YATTHANNA, W/O. CHANDRAPPA, NOW AGED ABOUT 36 YEARS, R/O. CHOWDAGONDANAHALLY, HOLALKERE TALUK. 8. Y. LAKSHMIDEVI @ LAKSHMAKKA D/O. LATE YATTHANNA, W/O. KRISHNAMURTHY, NOW AGED ABOUT 34 YEARS, R/O. A. V. KOTTIGE VILLAGE, HIRIYUR TALUK. 9. Y. REKHA D/O. LATE YATTHANNA, W/O. C. CHANDRAPPA, NOW AGED ABOUT 29 YEARS, R/O. THEKALAVATTI VILLAGE, HOLALKERE TALUK. THE APPELLANTS NO.1 TO 3 ARE R/O K.R. HALLI GOLLARAHATTY HIRIYUR TALUK. …APPELLANTS (BY SRI. RANGEGOWDA N.R, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 AND: 1. RAVINDRAKUMAR S/O. ESHWARAPPA, AGED ABOUT MAJOR, DANDIKERE, HUNSEHALLY POST, SIRA TALUK, TUMKUR DISTRICT. 2. THE MANAGER THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., THIPPESWAMY ARCADE, 1ST FLOOR, ABOVE BANK OF INDIA, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 31.07.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2023 PASSED IN MVC.NO.934/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 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 29.09.2023 passed in MVC No.934/2021 on the file of the Senior Civil Judge and Additional MACT, Hiriyur, Chitradurga, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/ Insurance Company. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Brief facts of the case are that, one Sannamma W/o Late. Yatthanna, met with an accident on 09.10.2020 and subsequently succumbed to the injuries. Her major children filed claim petition claiming compensation of Rs.16,30,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.6,29,000/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being - 5 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 aggrieved by the said order, claimants have preferred this appeal. 4. It is stated that the deceased-Sannamma, was aged about 60 years, doing agriculture work and earning Rs.25,000/- per month i.e., Rs.3,00,000/- per annum. But the Tribunal has taken her income at only Rs.10,500/- per month and has awarded meagre amounts under the other heads. The claimants seeking enhancement of the compensation and requested that interest be awarded at the rate of 9% p.a. 5. Though it is stated that Sannamma was earning Rs.25,000/- per month, she has not filed any income proof. The accident occurred in the year 2020. As per the chart prepared by the Karnataka State Legal Services Authority, her notional income is to be taken as Rs.14,500/- per month. The deceased was aged about 68 years as per the PM report. Therefore, the applicable multiplier is '5'. 1/3rd of the income is to be deducted - 6 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 towards her personal expenses. Accordingly, loss of dependency comes to Rs.5,80,000/- (14,500 x 12 x 5 x 2/3rd). The petitioner Nos.1 to 9 are children of the deceased each of them are entitled for an amount of Rs.3,96,000/-(44000X9) towards parental consortium and they are also entitled for Rs.33,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.10,09,000/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 5,80,000/- 2 Towards loss of parental consortium 3,96,000/- 3 Towards conventional heads 33,000/- Total 10,09,000/- - 7 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 29.09.2023 passed in MVC No.934/2021 on the file of the Senior Civil Judge and Additional MACT, Hiriyur, Chitradurga, is modified. iii. The claimants are entitled to a sum of Rs.10,09,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,29,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.3,80,000/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:3903 MFA No. 718 of 2024 v. On such deposit, petitioners/claimants are permitted to withdraw the entire amount equally along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 27