- 1 - HC-KAR NC: 2026:KHC:5606 MFA No. 3636 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3636 OF 2024 (MV-I) BETWEEN: 1. RITARANI W/O LATE SAMSON AGED ABOUT 38 YEARS, 2. S. JANISHA D/O LATE SAMSON AGED ABOUT 19 YEARS, 3. S. JOSEF S/O LATE SAMSON AGED ABOUT 17 YEARS, APPELLANT NO.3 IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER APPELLANT NO.1 4. MARATHAMMA W/O ANTONY AGED ABOUT 66 YEARS, ALL ARE R/O 1ST WARD, SUBARAMANYA TEMPLE, NEAR POST OFFICE, SITHARAMA THANDA HAMPI POWER HOUSE, HOSPETE, VIJAYANAGARA DISTRICT - 583 201. …APPELLANTS (BY SRI. SHASHIDHARA, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5606 MFA No. 3636 of 2024 AND: 1. JAKAULLA SHARIF S/O YAKOOR SHARIF AGED 45 YEARS DRIVER OF VEHICLE, BEARING NO.KA-13/C-9597 R/O M.M. ROAD, ARASIKERE HASSAN - 573 103. 2. IRFAN S/O SHAIKH GAFAR AGED MAJOR OWNER OF VEHICLE BEARING NO.KA-13/C-9597 ARASIKERE TOWN HASSAN - 573 103. 3. THE MANAGER LIBERTY GENERAL INSURANCE CO. LTD., O/O SAVANURU BABU ARCADE, KUVEMPUROAD, K.B. EXTENSION DAVANAGERE - 577 002. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R3; VIDE ORDER DATED 12.01.2026, SERVICE OF NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2023 PASSED IN MVC NO. 449/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-VI, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:5606 MFA No. 3636 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. This appeal is filed against the judgment and award dated 20.11.2023 passed in MVC No.449/2021 by II Addl. Senior Civil Judge & Addl. MACT-VI at Davanagere, (for short 'the Tribunal') wherein the claimant has filed claim petition claiming enhancement of compensation. 2. For the sake of convenience, the parties shall be referred to as per their ranking and status before the Tribunal. 3. Heard the arguments of learned counsel for both the parties and perused the materials on record. 4. Brief facts of the case are as under: Samson S/o Antony has met with an accident on 24.12.2020. His wife, children and mother filed the claim petition claiming compensation of Rs.40,00,000/- with interest from the date of accident till the date of realization. The Tribunal considering the oral and documentary evidence on - 4 - HC-KAR NC: 2026:KHC:5606 MFA No. 3636 of 2024 record granted an amount of Rs.14,08,000/- with interest at the rate of 6% per annum from the date of petition till the date of its realization. 5. Aggrieved by the said order, appellants have preferred this appeal contending that Samson was earning Rs.20,000/- per month by doing Manson work. But the Tribunal has already taken an amount of Rs.14,500/-. Tribunal has not granted any amount under future prospectus and also deducted 50% towards personal expenses. The amounts granted under other heads are meager and hence requested for enhancement of the compensation. 6. Though petitioners stated that Samson was earning Rs.20,000/- per month, he has not filed any proof of income. He met with an accident in the year 2020. Therefore the Tribunal considered the notional income as per the chart prepared by the Karnataka Legal Services Authority and taken notional income as Rs.14,500/- per month. He was aged 44 years and the multiplier is 14. So he is entitled for 25% towards future prospects and ¼ is to be deducted towards his - 5 - HC-KAR NC: 2026:KHC:5606 MFA No. 3636 of 2024 personal expenses. So loss of dependency comes to (Rs.14,500 + 50% + 25% x 12 x 14 – ¼) Rs.22,83,750/- 7. Petitioner no.1 is entitled Rs.44,000/- towards spousal consortium, petitioner nos.2 and 3 each of them are entitled Rs.44,000/- towards their parental consortium and petitioner no.4 is entitled Rs.44,000 towards filial consortium they also entitled Rs.36,000/- under conventional heads. The compensation is enhanced from Rs.14,08,000 to Rs.24,95,750/- Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The judgment and award dated 20.11.2023 passed in MVC No.449/2021 by II Addl. Senior Civil Judge & Addl. MACT-VI at Davanagere is modified. 3. The appellants are awarded a total compensation of Rs.24,95,750/- as against the compensation awarded by the Tribunal at Rs.14,08,000/-. Therefore, The appellant is entitled for an enhanced compensation of Rs.10,87,750/- along with interest at 6% p.a., from the date of filing the petition, till its realization. - 6 - HC-KAR NC: 2026:KHC:5606 MFA No. 3636 of 2024 4. So Insurance Company already deposited the awarded amount before the Tribunal. Therefore, respondent No.3 is directed to deposit the enhanced compensation of Rs.10,87,750/- with interest at the rate of 6% p.a., within a period of one month from the date of receipt of copy of this order. 5. Petitioner No.1 wife of the deceased alone is permitted to withdraw the entire enhanced compensation amount along with the accrued interest. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE LL List No.: 1 Sl No.: 55