- 1 - HC-KAR NC: 2026:KHC:7190 MFA No. 3692 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3692 OF 2024 (MV-D) BETWEEN: K. HULIGEMMA W/O LATE K. BHARAMAPPA, AGE 41 YEARS, R/O HIRESOBATI VILLAGE, HAGARIBOMMANAHALI TALUK, BELLARY DISTRICT - 583 212. …APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. DAMBRAHALLI SHANKARAGOWDRU S/O DAMBRAHALLI NINGANAGOUDA, AGED ABOUT 42 YEARS, DRIVER-CUM-OWNER MOTOR CYCLE BEARING NO.KA-35/EH-5728, R/O SHIGENAHALLI VILLAGE, TAMBRAHALLI POST, HAGARIBOMMANAHALLI TALUK, BELLARY DISTRICT - 583 212. 2. THE MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE DOOR NO.289/6, A.M. ARCADE, NEAR VIDYARTHI BHAVANA, C.G. HOSPITAL ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7190 MFA No. 3692 of 2024 DAVANAGERE - 577 004. …RESPONDENTS (BY SMT. B.S. PADMAJA, ADVOCATE FOR R2; VIDE ORDER DATED 06.01.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2023 PASSED IN MVC NO.12/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT-VI , DAVANAGERE, 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 27.03.2023 passed in MVC No.12/2022 on the file of the II Additional Senior Civil Judge and JMFC, Member MACT-VI, Davangere, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance - 3 - HC-KAR NC: 2026:KHC:7190 MFA No. 3692 of 2024 Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that, one K. Kariyappa S/o Late K. Bharamappa, met with an accident on 17.07.2021. His mother filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.23,96,060/- with interest at the rate of 9% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is mainly contended that K. Kariyappa was doing business and sheep transportation and was earning a sum of Rs.25,000/- per month. But the Tribunal erred in taking his income at Rs.14,500/- per month and deducted 50% towards personal expenses. The amounts granted under the other heads are also meagre. Therefore, requested for enhancement of the compensation. 5. Admittedly, the petitioner has not filed the income proof of deceased-K. Kariyappa. As he met with an accident in the year 2021, his notional income is to be taken at - 4 - HC-KAR NC: 2026:KHC:7190 MFA No. 3692 of 2024 Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 22 years and the applicable multiplier is ‘18’. Therefore, he is entitled for 40% towards future prospects. As the deceased was a bachelor, 50% of his income is to be deducted towards personal expenses. Accordingly, loss of dependency comes to Rs.22,68,000/- (15,000+40%x12x18-50%). The petitioner is mother of the deceased and she is entitled for Rs.44,000/- towards filial consortium. She is also entitled for Rs.33,000/- under the conventional heads. The Tribunal has granted a sum of Rs.1,18,659/- towards medical expenses and it is confirmed. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 22,68,000/- 2 Towards filial consortium 44,000/- 3 Towards medical expenses 1,18,659/- 4 Towards conventional heads 33,000/- Total 24,63,659/- - 5 - HC-KAR NC: 2026:KHC:7190 MFA No. 3692 of 2024 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.24,63,659/- 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. ii. The judgment and award dated 27.03.2023 passed in MVC No.12/2022 on the file of the II Additional Senior Civil Judge and JMFC, Member MACT-VI, Davangere, is modified. iii. The claimant is entitled to a sum of Rs.24,63,659 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,96,060 /- 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.67,599/- - 6 - HC-KAR NC: 2026:KHC:7190 MFA No. 3692 of 2024 along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 67