- 1 - HC-KAR NC: 2026:KHC:5164 MFA No. 2085 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 MISCELLANEOUS FIRST APPEAL NO. 2085/2025 (MV-D) BETWEEN: 1. G.MAHADEVI W/O T. BASAVARAJA NOW AGED ABOUT 41 YEARS 2. T. BASAVARAJA S/O THIPPESWAMY NOW AGED ABOUT 43 YEARS 3. B SHARATH S/O T. BASAVARAJA NOW AGED ABOUT 09 YEARS ALL ARE R/O NAGARAMGERE VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT. THE APPELLANT NO.3 IS SINCE MINOR, REP. BY HIS NATURAL GUARDIAN MOTHER, I.E., G. MAHADEVI APPELLANT NO.1. …APPELLANTS (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. SHASHIDHARA S/O RAJEEVA DEVADIAGA NOW AGED ABOUT 43 YEARS, R/O RENUKA NILAYA, KANAKA NAGARA, CHITRADURGA-577 501. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5164 MFA No. 2085 of 2025 2. THE BRANCH MANAGER HDFC ERGO GENERAL INS. CO. LTD. NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKARNARAYANA BUILDING, M.G. ROAD, BANGALORE-560 001 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, V/O DTD:22.01.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2023 PASSED IN MVC NO. 40/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 03.08.2023 passed in MVC No. 40/2022 on the file of the Senior Civil Judge, JMFC and MACT, Challakere, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:5164 MFA No. 2085 of 2025 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondents No.2 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One B.Lakshminarasimha son of Basavaraja met with an accident on 29.6.2021 and died subsequently, his parents and minor brother filed claim petition claiming compensation of Rs.25 lakhs. The tribunal considering the entire evidence on record, granted an amount of Rs.5,40,000/ along with interest at the rate of 6% p.a., from date of petition till date of realisaiton. Aggrieved by the said order, this appeal is filed. Learned counsel for appellant further contended that the tribunal granted inadequate compensation and also meager amount under the conventional heads and also requested to enhance interest rate. 4. It is stated that B.Lakshminarasimha was a minor and aged 13 years at the time of the accident. Therefore, this court finds it reasonable to take minimum - 4 - HC-KAR NC: 2026:KHC:5164 MFA No. 2085 of 2025 wages at the rate of Rs.5000/- per month and the mother of the petitioner was aged 38 years and the multiplier to be taken as ‘15’. Therefore, the petitioner is entitled for loss of dependency of Rs.5000 x 12 x 15 = 9,00,000/-. The petitioner Nos.1 and 2 are the parents of the deceased, they are entitled for an amount of Rs.44,000/- each towards filial consortium and also entitled for Rs.33,000/- under the other conventional head. Hence, the compensation granted by tribunal is enhanced from Rs.5,40,000/- to Rs.10,21,000/- along with interest at the rate of 6% p.a. 5. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 9,00,000 2 Towards loss of consortium 88,000 3 Conventional heads 33,000 Total 10,21,000 - 5 - HC-KAR NC: 2026:KHC:5164 MFA No. 2085 of 2025 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 03.08.2023 passed in MVC No. 40/2022 on the file of the Senior Civil Judge, JMFC and MACT, Challakere, is modified. iii. The claimants are entitled to a sum of Rs.10,21,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,40,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.4,81,000/- along with the interest at the rate of 6% within one month from the date of this order. - 6 - HC-KAR NC: 2026:KHC:5164 MFA No. 2085 of 2025 v. On such deposit, petitioner No.1 and 2 are permitted to withdraw the entire amount along with interest accrued on the same, equally. Petitioner No.3 is the minor son and is depending on petitioner Nos.1 and 2, but not on the deceased, as such he is not entitled for the said amount. vi. On 22.01.2026, the delay of 486 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2/Insurance Company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 56