- 1 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 900 OF 2024 (MV-D) BETWEEN: 1. KANTHAMMA W/O LATE VENKATESHAPPA NOW AGED ABOUT 33 YEARS 2. SADGUN B V S/O LATE VENKATESHAPPA NOW AGED ABOUT 16 YEARS 3. HARIKA B V D/O LATE VENKATESHAPPA NOW AGED ABOUT 10 YEARS 4. VENKATAGIRIYAPPA S/O MUNISWAMY NOW AGED ABOUT 87 YEARS ALL ARE R/AT NO. 161, MALUR TALUK BANTAHALLI KOLAR DADNAYAKANADODDI KARNATAKA - 563 139 THE APPELLANT NO.2 & 3 ARE MINORS HENCE REP. BY NATURAL GUARDIAN HER MOTHER APPELLANT NO.1 …APPELLANTS (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. GOWDA L N S/O RAJANNA L D AGED MAJOR RESIDING AT LAKSHMIPURA DASANAPURA HOBLI *Retyped and replaced as per the Court order dtd:27.02.2026. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 BANGALORE RURAL DISTRICT KARNATAKA - 562 123 2. RELIANCE GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER UNNATI ARCADE, NO.5/111 AND 6/112 1ST FLOOR, 1ST BLOCK, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 23.01.2026 NOTICE TO T1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2022 PASSED IN MVC NO. 4620/2020 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER-MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 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 11.03.2022 passed in MVC No.4620/2020, by the Court of the IX ASCJ, Small Causes and Addl. MACT, Bengaluru, (SCCH-7) for enhancing the compensation. *Retyped and replaced as per the Court order dtd:27.02.2026. - 3 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 2. Heard the arguments of learned counsel for respondent No.2 and learned counsel for the appellants. 3. Brief facts of the case are that, Sri. Venkateshappa, met with an accident on 19.09.2020. His wife and children filed claim application claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted Rs.17,98,750/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. It is contended that the deceased- Venkateshappa, was earning Rs.11,000/- p.m. Due to his untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.2 and the policy was in force. However, his monthly income has been wrongly assessed. It is submitted that the deceased Venkateshappa was working as driver and earning Rs.25,000/- per month. - 4 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 Further, the Tribunal has awarded a meagre compensation under conventional heads and erred in granting interest at the rate of 6% instead of 9%. Therefore, the appellants have requested for enhancement of compensation. 5. The deceased-Venkateshappa was aged 45 years and the multiplier is to be taken as ‘14’. Though the appellants have stated that the deceased was earning Rs.25,000/- per month, they have not filed a single document to prove his income. Since the accident occurred on 19.09.2020, this Court finds it reasonable to take his notional income as Rs.14,500/- per month, as per the guidelines issued by Karnataka State Legal Services Authority. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 25% is to be added towards future prospectus and as per the guidelines of the Hon’ble Apex Court in the case of Sarla Verma Vs. Delhi 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 Transport Corporation2, 1/4th is to be deducted towards personal expenses. Accordingly, the 'loss of dependency' come to Rs.22,83,750/- (14,500 + 25% - 1/4th X 12 X 14). Petitioner No.1 being the wife of deceased, is entitled to Rs.44,000/- under the head 'loss of consortium' and Petitioner Nos.2,3 being the son and daughter of the deceased are entitled to Rs.44,000/- each, that comes to Rs.88,000/- under the head 'parental consortium' and petitioner No.4 being the father of the deceased is entitled to Rs.44,000/- under the head 'filial consortium' for the loss of his grown-up son. Apart from that, the appellants are also entitled for Rs.36,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. 6. Thus in all, components awarded by this Court are as below, 2 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 7. Compensation is enhanced from Rs.17,98,750/- to Rs.24,95,750/- and the enhanced compensation is Rs.6,97,000/-, which carries interest at the rate of 6% per annum. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 11.03.2022 passed in MVC No.4620/2020, by the Court of IX ASCJ, Small Causes and Addl. MACT, Bengaluru, is modified; Particulars Amount in Rs. Loss of dependency 22,83,750.00 Loss of consortium 1,32,000.00 Loss of parental consortium 44,000.00 Conventional heads 36,000.00 Total 24,95,750.00 - 7 - HC-KAR NC: 2026:KHC:4021 MFA No. 900 of 2024 iii. Respondent No.2 is directed to deposit the enhanced compensation of Rs.6,97,000/- with interest at the rate of 6% per annum within one month from the date of this order on such deposit and iv. Appellant No.1/wife of the deceased alone is permitted to withdraw the entire enhanced compensation with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 2