- 1 - HC-KAR NC: 2026:KHC:1278 MFA No. 3443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3443/2025 (MV-D) BETWEEN: 1. SRI. KAMSALA ASHOK KUMAR S/O. LATE. YARRISWAMY K @ KAMSALA YERRISWAMY, AGED ABOUT 31 YEARS, 2. SRI. KAMSALA VENKATACHARI, S/O. ESWARACHARI, AGED ABOUT 79 YEARS, 3. SMT. ANASUYA, W/O. KAMSALA VENKATACHARI, AGED ABOUT 72 YEARS, ALL ARE RESIDING AT: NO.7-167, GUMMAIAHGARIPALLI, GORANTLA, ANANTHPUR, ANDRA PRADESH - 515 231. …APPELLANTS (BY SRI. TEJAS N., ADVOCATE) AND: 1. THE MANAGER ASHOK LEYLAND LIMITED, REGIONAL SALES OFFICE, OFFICE AT NO.23, KATHIVAKKAM HIGH ROAD, ENNORE, CHENNAI, TAMIL NADU 600 057. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1278 MFA No. 3443 of 2025 (OWNER OF ASHOK LEYLAND TIPPER VEHICLE TEMPORARY REG. NO.TN-18-TC-0016, CHASSIS NO. MB1XEVILD1PRMG0483, ENGINE NO. PMEZ700550) 2. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., OFFICE AT KSCMF BUILDING, 3RD FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052. (POLICY NO. MT2888892, VALID FROM 24-02-2023 TO 23-02-2024) …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, V/O DTD:05.08.2025, NOTICE TO R1 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2025 PASSED IN MVC NO. 4932/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU(SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:1278 MFA No. 3443 of 2025 ORAL JUDGMENT The Chief Judge, Court of Small Causes, Principal, Motor Accident Claims Tribunal, Bengaluru, passed a common award dated 20.03.2025 in MVC Nos.4932 of 2023 and 4933 of 2023. 2. The present appeal is preferred against the judgment and award passed in MVC No.4932 of 2023. One Varalakshmi met with an accident on 04.03.2023. The son and in-laws of Varalakshmi filed claim petition claiming compensation of Rs.40,00,000/-. The Tribunal, considering the entire evidence on record, granted an amount of Rs.21,57,104/- with interest at the rate of 6% per annum from date of petition till realisation. 3. Aggrieved by the said award, the claimants have preferred this appeal mainly contending that though the deceased Varalakshmi was earning Rs.25,000/- per month, the Tribunal has not considered the same. The amount granted under other heads is meager and interest is to be granted at the rate of 12% p.a. 4. In spite of service of notice, respondent No.2- insurance company has remained absent and is set exparte. - 4 - HC-KAR NC: 2026:KHC:1278 MFA No. 3443 of 2025 5. Heard the arguments of learned counsel for the appellants-claimants. 6. As per the post mortem report, the age of Varalakshmi was taken as 46 years and the multiplier was taken as 13. Though it is stated that she was earning Rs.25,000/- per month, the claimants have not filed any income proof. The deceased met with an accident in the year 2023 and the tribunal has rightly considered her notional income as Rs.16,000 /- per month as per the chart prepared by the Karnataka State Legal Services Authority. The deceased is entitled for 25% towards future prospects as per the judgment of the Hon'ble Supreme Court in National Insurance Company Limited Vs. Pranay Sethi1 and one third is to be deducted towards personal expenses as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation2. Thus, the loss of dependency comes to Rs.20,80,104/- (16,000 + 25% - 1/3 x 12 x 13). 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2026:KHC:1278 MFA No. 3443 of 2025 7. The first petitioner-claimant is the son, and second and third petitioners are in-laws of Varalakshmi. So, the first petitioner alone is entitled for parental consortium of Rs.44,000/- as per the guidelines of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4. All the claimants are entitled for Rs.33,000/- under the convention heads as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi5. Thus, the total compensation comes to Rs.21,57,104/-. 8. In the result, the following order is passed: (i) Appeal is dismissed. (ii) The Claimants are entitled for the total compensation of Rs.21,57,104/- with interest at 6% p.a. from the date of petition till the date of realization. 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 5 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:1278 MFA No. 3443 of 2025 (iv) The appellant-Insurance company has already deposited awarded compensation before the Tribunal. (iii) Petitioner Nos. 2 and 3 are in-laws of the Varalakshmi. Therefore, this Court finds it reasonable to apportion an amount of Rs.3,00,000/- to each of them and they are permitted to withdraw the said amount along with interest accrued on it. (iv) The first petitioner - son of Varalakshmi is permitted to withdraw the balance amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 94