- 1 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21STDAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2227/2025 (MV-D) BETWEEN: 1. SMT. GURULAKSHMI, W/O LATE J. GANAPATHI, AGED ABOUT 38 YEARS, 2. MASTER KARTHIKEYAN, S/O LATE J. GANAPATHI, AGED ABOUT 14 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER NATURAL GURADIAN, SMT. GURULAKSHMI, 3. SMT. KALAVATHI JAYAKUMAR, W/O JAYAKUMAR ANNAMALAI, AGED ABOUT 65 YEARS, 4. SRI JAYAKUMAR ANNAMALAI S/O LATE ANNAMALAI, AGED ABOUT 75 YEARS, ALL ARE R/AT NO.2-40 KEELVEETHI, GANDHI SILLAI, DEEVATHIPATTI, SALEM, TAMILNADU-636351 …APPELLANTS (BY SRI. JAGADEESH H T.,ADVOCATE) AND: 1. SRI MANOJ RAY, S/O MANGAL RAY, MAJOR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 R/AT SADANPURA POST, RAMPUR, BHERIYATHI, SADANAPURA, MUZAFFAPURA, HARADI, BIHAR-843122 2. SHRI SHRAVANA MURTHY, PROP SRI. SAI FLOWER DECORATORS, G-03, BEST APARTMENT, DOUBLE ROAD, BEML LAYOUT, R.R. NAGAR, BENGALURU -560098 3. THE MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., 1STFLOOR, H.M. GENEVOA HOUSE, NO.14, CUNNINGHAM ROAD, BENGALURU-52 …RESPONDENTS (BY SRI. B. PRADEEP.,ADVOCATE FOR R3, V/O/D 29.08.2025 NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2024 PASSED IN MVC NO. 3896/2020 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 - 3 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 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 22.01.2024 passed in MVC No. 3896/2020 on the file of the III Additional Judge and Member, MACT, Court Of Small Causes, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One J.Ganapathi was proceeding in a motor cycle bearing registration No.TN-31-BT-7763, from Dommasandra to Chandapura main road carefully and cautiously, when he reached near Ramasagara Village, Narayana reddy land straight road, at that time, a Eicher Canterbearing No.KA-01-AK-6677, came with high speed,in a rash and negligent manner, dashed from the rightside of the motor cycle. Due to the tremendous impact, J.Ganapathi fell down and back tire of the canter passed through the head of the deceased, he succumbed to the - 4 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 injuries at the spot. His wife, children and parents filed claim petition claiming compensation of Rupees One crore. The Tribunal considered the entire evidence on record granted amount of Granted Rs.87,20,760/- with interest at the rate of 6% per annum from date of petition till realization. 4. Aggrieved by the said order, the petitioners preferred appeal and mainly contended that Ganapathy was working as Supervisor at L&T Company and earning Rs.54,500/- per month. But the Tribunal has taken his income as Rs.51,163/- per month, erroneously. The Tribunal ought to have granted the consortium to all the people. But they granted only to the spouse. The amount granted on the other heads are meager. Therefore, requested for enhancement. 5. Learned counsel for respondent/Insurance Company contended that the Tribunal has rightly considered his income after compulsory deductions. The Tribunal after considering the compulsory deductions has rightly taken his income as Rs.51,163/- per month and it needs no interference. The petitioner was aged 40 years and the multiplier taken is ‘15’. Hence, the loss of dependency is = Rs.51,163 + 25% X 12 X - 5 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 15 -1 /4th= Rs.86,33,760/-. The petitioner No.1 is entitled for Rs.44,000/- towards spousal consortium and petitioner No.2 is entitled for parental consortium of Rs.44,000/-. Also, the petitioner Nos.3 and 4 are entitled for filial consortium of Rs.44,000/- each of them and they are also entitled for Rs.33,000/- under the conventional heads. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.87,20,760/- to Rs.88,42,760/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 86,33,760 2 Towards loss of consortium (4 claimants) 1,76,000 3 Conventional heads 33,000 Total 88,42,760 - 6 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 ii. The judgment and award date 22.01.2024 passed in MVC No. 3896/2020 on the file of the III Additional Judge and Member, MACT, Court Of Small Causes, Bengaluru, Bengaluru,is modified. iii. The claimants are entitled to a sum of Rs.88,42,760/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.87,20,760/- granted by the tribunal. iv. Respondent No./Insurance Company is directed to deposit the enhanced compensation of Rs.1,22,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1/the wife of the deceased alone is permitted to - 7 - HC-KAR NC: 2026:KHC:3388 MFA No. 2227 of 2025 withdraw the entire amount along with interest accrued on the same. vi. Tribunal already ordered for pay and recovery. Therefore, insurance company is at liberty to recover the same from the owner of the vehicle by due process of law. vii. On 21.1.2026, the delay of 318 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/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.: 21