- 1 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1770 OF 2025 (MV-D) BETWEEN: 1. JAYALAKSHMAMMA W/O LATE SIDDAGANGAPPA T., AGED ABOUT 43 YEARS 2. KIRAN R.S, S/O LATE SIDDAGANGAPPA T., AGED ABOUT 24 YEARS, 3. KAVYA R.S. D/O LATE SIDDAGANGAPPA T., AGED ABOUT 20 YEARS, 4. KAVITHA R.S. D/O LATE SIDDAGANGAPPA T., AGED ABOUT 20 YEARS, 5. SMT. MAYAMMA, W/O LATE THIMMAIAH, AGED ABOUT 68 YEARS, ALL ARE RESIDING AT RAYARAPALYA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562123. APPELLANT NO.5 DELETED AND MADE AS RESPONDENT NO.3 …APPELLANTS (BY SRI. M.V. MAHESWARAPPA, ADVOCATE) Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 AND: 1. SRI. D.M. SOMASHEKAR S/O D.G. MAHESHWARAPPA, AGED ABOUT 53 YEARS, R/O DANAYAKAPURA VILLAGE, BUKKAMBUDHI POST, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228. 2. REGIONAL MANAGER M/S. UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE (R.O), KRUSHI BHAVAN, NEAR CORPORATION, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560009 3. MAYAMMA W/O. LATE THIMMAIAH AGED 68 YEARS R/AT RAYARAPALYA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 …RESPONDENTS (BY SRI. VRUSHABHENDRAIAH H.C., ADVOCATE FOR RESPONDENT NO.2; NOTICE SERVED ON RESPONDENT NO.1; VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT NO.3 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2018 PASSED IN MVC NO.6590/2016 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, SCCH-11, - 3 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 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 against the judgment and award dated 24.03.2018 passed by the I Additional Small Causes Judge and XXVII ACMM, Bengaluru (henceforth referred to as 'Tribunal') in MVC No.6590/2016. 3. One Siddagangappa T. met with an accident on 10.08.2016 and died subsequently. His wife, children and mother have filed a claim petition claiming compensation of Rs.60,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.14,05,000/- along with interest at the rate of 8% per annum from the date of petition till the date of realization. - 4 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 4. Aggrieved by the said judgment and award of the Tribunal, the wife and children have preferred this appeal contending that Siddagangappa T., was running a provisional store and was earning Rs.5,00,000/- per month. But the Tribunal has erred in taking his income as Rs.10,000/- per month and future prospects were not added. The compensation awarded under the other heads is also meager. Hence, they prayed to enhance the compensation. 5. Learned counsel for respondent No.2 contended that the Tribunal has considered all aspects and awarded just compensation. 6. In the present case, the claimants have stated that the deceased - Siddagangappa T. was running a provisional store and was earning Rs.5,00,000/- per month. But they have not filed any proof of income. The accident had occurred on 10.08.2016. As such, the notional income is to be taken as per the guidelines given - 5 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 by Karnataka State Legal Services Authority. Therefore, the notional income of the deceased is to be taken as Rs.9,500/- per month. The deceased was aged 43 years at the time of accident. Therefore, 25% is to be added towards his future prospects, as per the decision of Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1. Thus the amount would become Rs.11,875/- per month [9,500 + 2375 (25% of 9,500)]. 7. As per the guidelines of Hon’ble Apex Court in case of Sarla Verma Vs. Delhi Transport Corporation2, 1/4th of income of the deceased has to be deducted towards his personal expenses as there are 5 dependents. As the deceased was aged 43 years, the multiplier of '14' is to be taken. Therefore, loss of dependency would come to Rs.14,96,250/- (11,875 x 12 x 14 x ¾). 8. Further, the Hon’ble Apex Court, by reiterating the comprehensive interpretation of ‘consortium’ given in the 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 authority of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, fortified that the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as ‘parental consortium’ and to the parents as, ‘filial consortium’ for the loss of their grown-up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is just and reasonable to award Rs.40,000/- towards 'spousal consortium' for claimant No.1, Rs.40,000/- each towards 'parental consortium' for claimant Nos.2 to 4 and Rs.40,000/- towards 'filial consortium' for claimant No.5. The claimants are also entitled for Rs.33,000/- towards conventional heads. 9. Thus in all, the claimants are entitled for the following compensation:- 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 7 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 10. The Tribunal has awarded the compensation of Rs.14,05,000/- but the claimants are entitled to total compensation of Rs.17,29,250/-. Therefore, the claimants are entitled to enhanced compensation of Rs.3,24,250/- (Rs.17,29,250 - Rs.14,05,000). 11. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 24.03.2018 passed by the I Additional Small Causes Judge and XXVII ACMM, Bengaluru in M.V.C.No.6590/2016 is hereby modified holding that the claimants are entitled for enhanced Particulars Amount in Rs. Loss of dependancy 14,96,250 Spousal consortium 40,000 Parental consortium (40,000 x 3) 1,20,000 Filial Consortium 40,000 Conventional Heads 33,000 Total 17,29,250 - 8 - HC-KAR NC: 2026:KHC:3239 MFA No. 1770 of 2025 compensation of Rs.3,24,250/- along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit. However, the claimants are not entitled for the interest for the delayed period of 1733 days in filing this appeal. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, the claimant No.1 is permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE PMR List No.: 1 Sl No.: 14