- 1 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5916 OF 2013 (MV) BETWEEN: 1. SARVOTHAMA S/O GIRIYA MARAKALA AGED ABOUT 52 YEARS 2. GIRIJA W/O SARVOTHAMA AGED ABOUT 41 YEARS BOTH ARE R/A RESIDENTS OF YADAMAKKI, SHANKARA NARAYANA VILLAGE, KUNDAPRUA TALUK. …APPELLANTS (VIDE ORDER DATED 07.07.2022, BY SRI. *N. GOPAL KRISHNA - AMICUS CURIAE) AND: 1. CHANDRASHEKARA S/O MADAYYA AGED ABOUT 44 YEARS R/O BEMARKI, YADYADI MATHYADI VILLAGE,KUNDAPURA TALUK - 576 201. 2. KAMAL KISHOR HEGDE S/O M. SEETHARAM HEGDE AGED ABOUT 42 YEARS R/O KELA HASINA KATTE *Corrected vide Court order dt. 27/2/2026. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 MOLAHALLI VILLAGE AND POST KUNDAPURA TALUK - 576 201. 3. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING, COURT ROAD, UDUPI - 576 101, REP: BY ITS MANAGER. …RESPONDENTS (BY SRI. A.R. LAKSHMI NARAYANA, ADVOCATE FOR R3; R1 - CHANDRASHEKARA - SERVED; R2 - KAMAL KISHORE HEGDE - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.04.13 PASSED IN MVC NO.404/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, 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 appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 26.04.2013 passed in MVC Nos.404/2011 and 468/2011, by the Court of the Senior Civil Judge and Motor Vehicle Accident Claims Tribunal, Kundapura, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 2. Heard the arguments of learned counsel for respondent No.3 and learned counsel for the appellants. 3. Brief facts of the case are that, Sri.Srikanth, met with an accident on 18.02.2011. His parents filed claim application claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted Rs.5,24,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. It is contended that the deceased-Srikanth, was a student pursuing his ITI course. Due to his untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.3 and the policy was in force. However, the Tribunal has considered the future income of the deceased at Rs.5,000/- per month. It is submitted that the deceased Srikanth was a student and pursuing his ITI studies. Further, the Tribunal has awarded a meagre - 4 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 compensation under conventional heads. Therefore, the appellants have requested for enhancement of compensation. 5. The deceased-Srikanth met with an accident on 18.02.2011 and he was aged 17 years pursuing ITI course at Koteshwar. The appropriate multiplier to be taken as ‘18’. This Court finds it reasonable to take his notional income as Rs.6,500/- per month, as per the guidelines issued by Karnataka State Legal Services Authority. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 40% is to be added towards future prospectus. Since the deceased is a bachelor, 50% of the income is deducted towards personal expenses. Accordingly, the 'loss of dependency' come to Rs.9,82,800/- (6,500/- + 40% X 12 X 18- 50%). Petitioners being the parents of deceased, is entitled to Rs.40,000/- each that comes to Rs.80,000/- under the head 'loss of consortium'. Apart 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 from that, the appellants are also entitled for Rs.30,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. 6. Thus in all, components awarded by this Court are as below, 7. Compensation is enhanced from Rs.5,24,000/- to Rs.10,92,800/- and the enhanced compensation is Rs.5,68,800/-, which carries interest at the rate of 6% per annum. 8. It is submitted that respondent No.3-Insurance Company has already deposited the compensation amount Particulars Amount in Rs. Loss of dependency 9,82,800.00 Loss of consortium 80,000.00 Conventional heads 30,000.00 Total 10,92,800.00 - 6 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 before the Tribunal. Hence, respondent No.3 is directed to deposit the enhanced compensation of Rs.5,68,800/- along with interest at the rate of 6% per annum. 9. Further, vide order dated 06.01.2021, it is stated that the learned counsel appearing for appellants is no more and the Court notice was issued to the appellants. Further, vide order dated 07.07.2022, Sri. Gopal Krishna, learned Amicus Curiae was appointed to argue on behalf of appellants. Hence, this Court finds it appropriate to provide Rs.15,000/- as Honorarium to the Amicus Curiae for assisting the Court. 10. Further, it is contended by the learned counsel for appellants that the appellants are entitled to interest for the period between the demise of appellants counsel and appointment of Amicus Curiae i.e. from 06.01.2021 to 07.07.2022. But there is no mention about this in the order sheet. As such, this Court finds that it is not just and proper now to consider that the appellants are entitled for the interest for the aforementioned period. - 7 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 11. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 26.04.2013 passed in MVC Nos.404/2011 and 468/2011 by the Court of Senior Civil Judge and Motor Vehicle Accident Claims Tribunal, Kundapura, is modified; iii. Respondent No.3 is directed to deposit the amount of enhanced compensation of Rs.5,68,800/- within one month from the date of this order on such deposit and iv. Appellants are permitted to withdraw the entire amount along with interest accrued on the same. v. Learned counsel for the appellants is entitled to get Rs.15,000/- as Honorarium for the assistance provided by him. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 39 - 8 - HC-KAR NC: 2026:KHC:4112 MFA No. 5916 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SARVOTHAMA AND ANOTHER VS. CHANDRASHEKARA AND OTHERS] 27.02.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER ON 'FOR BEING SPOKEN TO' The appeal is disposed by an judgment dated 23.01.2026. Owing to certain typographical error, the appellants have moved the matter for ‘being spoken to’. The learned counsel appearing for the appellants submits that the initial of the Amicus Curiae is wrongly mentioned as 'V.Gopal Krishna' instead of 'N.Gopal Krishna' and there is no mentioning of from whom the amount should be disbursed to the Amicus Curiae. The name of the Amicus Curiae be read as 'N.Gopal Krishna' and the amount shall be disbursed by Karnataka State Legal Services Authority. This order shall be treated as part and parcel of the judgment that is passed on 23.01.2026. Sd/- (P SREE SUDHA) JUDGE VS List No.: 1 Sl No.: 1