- 1 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2151 OF 2025 (MV-D) BETWEEN: 1. THOMAS K.C, S/O CHACKO AGED ABOUT 57 YEARS 2. SMT. MARGARET W/O THOMAS K.C AGED ABOUT 53 YEARS 3. AJAY THOMAS S/O THOMAS K.C AGED ABOUT 27 YEARS 4. MASTER ABAY THOMAS S/O THOMAS K.C AGED ABOUT 11 YEARS APPELLANT NO.4 IS MINOR REPRESENTED BY HIS FATHER THE APPELLANT NO.1 THOMAS K.C IS A NATURAL GUARDIAN ALL ARE RESIDING AT NO.1-45/1, YESU BHAVAN, JARI NAGARA, NEAR PETROL PUMP, BAJAPE, MANGALORE - 574 142. …APPELLANTS (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 AND: 1. NARASIMHA MURTHY S/O KRISHNAPPA, NO. 13, 6TH CROSS, MUNESHWARA LAYOUT, ATTUR POST, YELAHANKA NEW TOWN, BENGALURU - 64. AND ALSO R/AT ACHARNAHALLI VILLAGE, HEGDEHALLI POST, THUBHAGERE HOBLI, DODDABALLAPURA, BENGALURU RURAL DISTRICT. 2. IFFCO TOKIO GEN.INS.CO. LTD., REP. BY ITS MANAGER, 141, 3RD MAIN, SRI. SHANTHI TOWERS, 5TH FLOOR, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU - 43. …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 04.09.2025, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.07.2019 PASSED IN MVC NO.4731/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU 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: - 3 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 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 06.07.2019 passed in MVC No.4731/2018 on the file of the V Additional Small Causes Judge and XXIV ACMM, Member, MACT, Mayo Hall Unit, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.2/ Insurance Compnay. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Brief facts of the case are that, one Ajith Anthony, met with an accident on 02.08.2018. His parents and minor brothers filed claim petition claiming compensation of Rs.75,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.15,42,000/- with interest at the - 4 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 rate of 9% per annum from the date of petition till its realisation. Being aggrieved by the said order, claimants have preferred this appeal. 4. It is stated that the deceased-Ajith Anthony, was aged about 22 years and was working as a Sales Manager (Surgical Implants) Hospicare, Ulsoor, earning Rs.30,000/- per month. But the Tribunal has erred in taking his monthly income at only Rs.10,000/- per month. It is further contended that the rate of interest awarded requires enhancement to 12% p.a. Therefore, requested for enhancement of the compensation. 5. Learned counsel for respondent No.2 contended that though the claimants examined PW.2-employer, PW.2 did not file any bank statements and the salary was not paid by way of cheque. As such, the Tribunal has rightly considered all the aspects and taken the reasonable income, which needs no interference. - 5 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 6. Admittedly, the deceased was aged 22 years. He is a Diploma Holder in Mechanical Engineering (Gen) and he was working as a Sales Manager with PW.2. The claimants examined PW.2 and he stated that he was paying a salary of Rs.20,000/- to deceased and filed three salary vouchers under Exs.P.29 to P.31. This clearly shows that the deceased-Ajith Anthony was working with PW.2. 7. It is further stated that as there is no income proof, the deceased income is to be taken as Rs.12,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority, as he met with an accident in the year 2018. But considering the evidence of PW.2, occupation and qualification of the deceased, this Court finds it reasonable to take his income as Rs.15,000/- per month. The deceased was aged 22 years and the applicable multiplier is '18'. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 40% is to be added 1 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 towards future prospectus. As deceased is a bachelor, 50% is to be deducted towards his personal expenses. Therefore, loss of dependency comes to Rs.22,68,000/- (15,000+40%x12x18-50%). The petitioner Nos.1 and 2 are parents of the deceased and they are entitled to a sum of Rs.40,000/- each towards filial consortium. A further sum of Rs.30,000/- is awarded under the conventional heads. 8. Hence, the appellants-claimants are entitled for a total compensation of Rs.23,78,000/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 22,68,000/- 2 Towards filial consortium to petitioner No.1 40,000/- 3 Towards filial consortium to petitioner No.2 40,000/- 4 Towards conventional heads 30,000/- Total 23,78,000/- - 7 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 06.07.2019 passed in MVC No.4731/2018 on the file of the V Additional Small Causes Judge and XXIV ACMM, Member, MACT, Mayo Hall Unit, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.23,78,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.15,42,000/- 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.8,36,000/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:3484 MFA No. 2151 of 2025 v. On such deposit, petitioners/claimants are permitted to withdraw the entire amount along with interest accrued on the same. vi. On 20.01.2026, the delay of 1277 days is condoned by this Court on the condition that the claimants will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 30