- 1 - HC-KAR NC: 2026:KHC:1801 MFA No. 3527 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3527 OF 2024(MV-D) BETWEEN: 1. SMT NETHRAVATHI W/O MANJUNATH NOW AGED ABOUT 44 YEARS 2. SRI MANJUNATH S/O YALLAPPA NOW AGED ABOUT 56 YEARS 3. SMT LASKHAMI C.M D/O MANJUNATH NOW AGED ABOUT 27 YEARS 4. SRI YALLAPPA S/O LATE DEVARALINGAIAH AGED ABOUT 85 YEARS 5. SMT YALLAMMA W/O YALLAPPA AGED ABOUT 75 YEARS APPELLANTS NO.1, 2, 4 & 5 ARE RESIDING AT NO.1667/2 UPPAR BEEDI, 12TH CROSS MANGALAWARAPETE CHANNAPATNA TOWN RAMANAGARA DISTRICT APPELLANT NO.3 IS RESIDING AT NO.17/140 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1801 MFA No. 3527 of 2024 17TH WARD, MULLURU ROAD OPP: JUNIOR COLLEGE K.S.R.T.C. BADAVANE 9TH PHASE, K.R.NAGARA, MYSORE. &APPELLANTS (BY MISS. SUSHMITHA G, ADVOCATE) AND: 1. RAMESH TEMPO SERVICE NO 20/18, 8TH CROSS BANDAPPA ROAD YASHWANTHAPURA BANGALORE-560 022 REP: BY ITS PROPRIETOR 2. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD NO.30TH PHASE, G.N.R CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMNAGAR BANGALORE-560 027 REP: BY ITS MANAGER &RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 05.01.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2024 PASSED IN MVC NO.545/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, CHANNAPATNA, 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 - 3 - HC-KAR NC: 2026:KHC:1801 MFA No. 3527 of 2024 ORAL JUDGMENT 1. Sri B.Pradeep, learned counsel accepts notice for respondent No.2 - Insurance Company. He is permitted to file vakalath within a period of one week. 2. This appeal is filed against the judgment and award dated 27.03.2024 passed in MVC.No.545/2019 by the Tribunal seeking enhancement of compensation for the death of one Shashank M., by his parents, sister and paternal grandparents. 3. The claimants filed the claim petition seeking compensation of Rs.50,00,000/- for the death of Shashank M., who met with an accident on 27.10.2019 and succumbed to the injuries. 4. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Shashank M. The Tribunal has thereafter proceeded to award the following sums as - 4 - HC-KAR NC: 2026:KHC:1801 MFA No. 3527 of 2024 compensation along with interest at the rate of 6% p.a. from the date of petition till the date of deposit: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 18,14,400 2. Loss of Estate 16,500 3. Filial Consortium (petitioner Nos.1 & 2 for Rs.44,000/- each) 88,000 4. Loss of love and affection (petitioner Nos.3 to 5 for Rs.44,000/- each) 1,32,000 5. Funeral expenses 16,500 Total 20,67,400 5. During the pendency of the appeal, learned counsel for both the parties have filed a joint memo, whereby the respondent - insurer has agreed to pay and the claimants have agreed to receive, a lump-sum of Rs.3,40,000/- in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. The respondent - insurer has also agreed to deposit the said amount before the - 5 - HC-KAR NC: 2026:KHC:1801 MFA No. 3527 of 2024 Tribunal within a period of six weeks from the date of preparation of award, failing which they agreed to pay interest at the rate of 9% p.a from the date of default till the date of deposit. 6. Accordingly, the appeal is allowed in terms of the joint memo. Draw the modified award in terms of the joint memo. SD/- (P SREE SUDHA) JUDGE PKS List No.: 1 Sl No.: 64