- 1 - HC-KAR NC: 2026:KHC:4909 MFA No. 1606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 1606 OF 2025 (MV-D) BETWEEN: 1. SMT YALLAMMA AGED ABOUT 47 YEARS, W/O LATE. MUNIYAPPA. T. 2. SRI.NAGESHA, AGED ABOUT 35 YEARS, S/O LATE. MUNIYAPPA. T. ALL ARE R/ AT NO.84, SOPPAHALLI, SIDIHOSAKOTE, ANEKAL TALLUK, BANGALORE-562106. …APPELLANTS (BY SRI. JAGANNATH K., ADVOCATE) AND: 1. MUNIRAJU C S/O V. CHINNAPPA, R/O BAGGANADODDI, INDLAWADI POST, ANEKAL TALUK, BANGALORE-562106. 2. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4909 MFA No. 1606 of 2025 NO.25/1, 2ND FLOOR, SHANKARA NARAYANA BUILDING, NO.2, MG ROAD, BENGALURU - 560001. REP BY ITS MANAGER. …RESPONDENTS (BY SRI.D.VIJAYA KUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2024 PASSED IN MVC NO.5910/2023 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, ACJM, COURT OF SMALL CAUSES, BENGALURU SCCH-4, 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 Heard the arguments of both sides. 2. This appeal is filed by the appellants-claimants against the judgment and the award of the tribunal passed in MVC No.5910/2023 dated 04.11.2024 by the XVIII Additional Judge and ACJM, Bengaluru City (SCCH-4). - 3 - HC-KAR NC: 2026:KHC:4909 MFA No. 1606 of 2025 3. One Sri.Muniyappa.T met with an accident on 01.06.2023 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.40,00,000/-. The tribunal after considering the entire evidence on record, granted an amount of Rs.8,04,960/- with interest at the rate of 6% per annum from date of petition till realisation. 4. Being aggrieved by the said judgment and award, appellants/claimants preferred an appeal and mainly contended that deceased Muniyappa.T was aged 63 years. He was an agriculturist and had a agricultural land measuring 1 acre 10 guntas in survey No. 66/2 at Soppahalli, Anekal Taluk, Bengaluru. He was growing vegetables on rotation basis and earning Rs.60,000/- per month. 5. Learned counsel for the respondents submits that based on the inquest report and PM report, his age was taken as 68 years, and the multiplier applied is 5, and - 4 - HC-KAR NC: 2026:KHC:4909 MFA No. 1606 of 2025 it needs no interference. But the learned counsel for the appellants filed Ex.P9- Election Identity Card issued by Election Commission of India in which his date of birth is shown as 06.03.1960 and he met with an accident on 01.06.2023 and thus he was aged 63 years. The multiplier is to be taken as 7. 6. Though it is stated that the deceased was earning Rs.60,000/- per month, he has not filed any income proof. As he met with an accident in the year 2023, his notional income is to be taken as Rs.16,000/- as per the chart prepared by Karnataka State Legal Services Authority. One third is to be deducted towards personal expenses and the loss of dependency comes to (16,000/- - 1/3rd X 7 X 12 = Rs.8,96,000/-. 8. The first petitioner is the wife; she is entitled to spousal consortium of Rs.48,000/-. Petitioner Nos.2 and 3 are the children, entitled to an amount of Rs.48,000/- - 5 - HC-KAR NC: 2026:KHC:4909 MFA No. 1606 of 2025 each towards parental consortium and all of them are entitled for Rs.36,000/- under other conventional heads. 9. The total compensation comes to Rs.8,96,000/- +Rs.48,000/- + Rs.48,000/-+ Rs.48,000/- + Rs.36,000 = Rs.10,76,000/-. 10. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future income and the loss of dependency 8,96,000.00 2. Under other conventional heads 36,000.00 3. Loss of spousal consortium 48,000.00 4. Loss of parental consortium 96,000.00 TOTAL 10,76,000/- 11. The Tribunal has awarded the compensation of Rs.8,04,960/- but the appellant/claimant is entitled to total compensation of Rs.10,76,000/-. Compensation is enhanced from Rs.8,04,960/- to Rs.10,76,000/-. - 6 - HC-KAR NC: 2026:KHC:4909 MFA No. 1606 of 2025 12. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.5910/2023 dated 04.11.2024 by the XVIII Additional Judge and ACJM, Court of Small Causes, Bengaluru is hereby modified holding that the claimant is entitled for enhanced total compensation of Rs.10,76,000/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.8,04,960/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.2,71,040/- with interest within 1 month from the date of this order. On such deposit, first petitioner/wife of the deceased alone is permitted to withdraw the entire amount along with interest on the said amount. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK, List No.: 1 Sl No.: 7