- 1 - HC-KAR NC: 2026:KHC:6912 MFA No. 4254 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. 4254/2024 (MV-D) BETWEEN: 1. SRI SYED PASHA @ SYED BASHA S/O SYED RAZAQ PASHA AGED ABOUT 55 YEARS @MOHAMMED RAZAK 2. SMT NAGINA W/O SYED PASHA @ SYED BASHA AGED ABOUT 54 YEARS APPELLANTS ARE RESIDING AT NO 45, 2ND MAIN, SHAMANNA GARDEN, NEAR TIPPU MASJID BAPUJI NAGAR, BENGALURU – 560 026. …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN.,ADVOCATE) AND: 1. SRI V HARISH MAJOR IN AGE S/O KRISHNA REDDY R/AT NO 87, SRI VENKATESHWARA NILAYA, MIRZA ROAD, ANEKAL TOWN, BENGALURU - 562 106. 2. THE REGIONLA MANAGER M/S NEW INDIA ASSURANCE INS CO. LTD., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6912 MFA No. 4254 of 2024 3RD PARTY HUB, 2ND FLOOR, MAHALAKSHMI CHAMBERS M G ROAD, BENGALURU …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY.,ADVOCATE FOR R2, V/O DTD:08.09.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.02.2024 PASSED IN MVC NO.5077/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-24), 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 ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.02.2024 passed in MVC No.5077/2015 on the file of the XXII Additional Small Cause Judge and ACMM, MEMBER, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:6912 MFA No. 4254 of 2024 3. The case of the petitioner is that one Kum. Arbeen D/o Syed Pasha @ Syed Basha, met with an accident on 08.11.2015 and died subsequently. Her parents filed claim petition claiming compensation of Rs.15,00,000/-. She was aged 17 years, studying second year PUC in Sangamithra College at Vijaya Nagar, Bengaluru. The Tribunal considering the entire evidence on record granted compensation of Rs.7,59,700/- with interest at the rate of 6% per annum from date of pension till the realization. 4. Aggrieved by the said award, this appeal is preferred in which it is mainly contended that as she was aged 17 years and the accident occurred in the year 2015. The income is to be taken as Rs.9,000/- per month and the multiplier taken is 18. The minor is entitled for 40% towards future prospects and more amount are to be granted under the conventional heads along with 10% hike and interest is to be granted at the rate of 9%. 5. As there is no income proof produced, this court finds it reasonable to take notional income as Rs.9000/- as per the - 4 - HC-KAR NC: 2026:KHC:6912 MFA No. 4254 of 2024 chart prepared by Karnataka State Legal Service Authority and the multiplier taken is 18. Further, she is entitled for 40% of future prospect and 50% is to be deducted towards personal expenses as she is unmarried and the loss of dependency comes to Rs.9,000 + 40% x 12 x 18 - 50% = Rs.13,60,800. The petitioner Nos.1 and 2 are parents of the deceased. Each of them are entitled for an amount of Rs.40,000/- towards loss of consortium and Rs.30,000/- under the conventional heads. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.7,59,700/- to Rs.14,70,800/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 13,60,800 2 Towards loss of consortium (2 claimants) 80,000 3 Conventional heads 30,000 Total 14,70,800 - 5 - HC-KAR NC: 2026:KHC:6912 MFA No. 4254 of 2024 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award 12.02.2024 passed in MVC No.5077/2015 on the file of the XXII Additional Small Cause Judge and ACMM, MEMBER, MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.14,70,800/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.7,59,700/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.7,11,100/- along with the interest at the rate of 6% within one month from the date of this order. - 6 - HC-KAR NC: 2026:KHC:6912 MFA No. 4254 of 2024 v. On such deposit, claimants/parents are permitted to withdraw the entire amount along with interest accrued on the same, equally. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 94