- 1 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4245/2024 (MV-D) BETWEEN: 1. GIRISHA S S/O LATE SIDDA .K AGED ABOUT 41 YEARS, 2. SNEHA B M W/O GIRISHA S AGED ABOUT 30 YEARS, 5TH BLOCK, KOTEBANAVARA, BANAVARAHOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573 201 PRESENTLY R/O C/O RAMESH, SRI LAKSHMI VENKATESHWARA, NILAYA, VIJAYA BANK ROAD, CHANNAPATTANA HASSAN-562 160. &APPELLANTS (BY SMT. KAVITHA H C., ADVOCATE) AND: 1. JAYA CLINIC NO. 4, VENKATESHA AGRAHARAM, ALAMELU, MANGAPURA, MYLAUR, CHENNAI-60 004 TAMIL NADU R Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 (OWNER OF AMBULANCE BEARING REG NO. TN.06-T8986) 2. THE MANAGER NATIONAL INSURANCE CO LTD CHENNAI DIVISION, 11, 2ND FLOOR, KWIRAJ MANSION 738, ANNA SLAI, CHENNAI-600 002 TAMIL NADU REPRESENTED BY MANAGER NATIONAL INSURANCE CO LTD DIVISIONAL OFFICE, SRI MANJUNATHESWARA COMPLEX, CITY BUS STAND ROAD, HASSAN-573 201. 3. DIVISIONAL CONTORLLER DIVISIONAL OFFICE, K.S.R.T.C B M ROAD, HASSAH-573 201. &RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2, V/O DTD:05.02.2025 NOTICE TO R1 AND R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2023 PASSED IN MVC NO. 1203/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 08.01.2025 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: - 3 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed against the judgment and award dated 24.08.2023 passed in MVC No.1203 of 2021 by the Court of II Addl. District & Sessions Judge & MACT, Hassan. Parents of one Mehan, a minor boy, aged 6 months old, filed claim petition claiming compensation of Rs.12,00,000/- for the death of Mehan in the accident that occurred on 20.12.2020. The Tribunal, considering the entire evidence on record, granted compensation of Rs.5,50,000/- with interest at 6% per annum from the date of petition till realization. 2. Aggrieved by the said order, this appeal is filed seeking enhancement in which it is contended that the Tribunal has erred in not fastening any liability on the KSRTC as the accident occurred due to negligent driving of the driver of KSRTC bus. The claimants along with the deceased were traveling in Toyota Qualis car bearing No.KA-07-M-4160. The driver of the KSRTC bus hit the Toyota Qualis car in a rash and negligent manner. The Tribunal ought to have granted more - 4 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 compensation under heads of loss of dependency, consortium, loss of estate and funeral expenses. The Tribunal granted compensation of Rs.5,50,000/- and it is a meager amount. It is further contended that in the latest judgment of the Hon'ble Supreme Court, in cases of death of a child, the notional of Rs.30,000/- is awarded. Funeral expenses and also loss of consortium and loss of estate is granted. Thus, requested for enhancement of compensation. 3. Learned counsel for the appellants has relied upon the judgment in the case of THANGAVEL AND OTHERS Vs. THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LIMITED1, wherein the Hon'ble Supreme Court has observed that a boy aged 10 years met with an accident, and his income was considered by the Tribunal as Rs.5,000/- per month and multiplier was taken as 18 and after deducting personal expenses, the compensation of Rs.8,55,000/- was granted including the amounts under the head loss of love and affection and funeral expenses and transportation and loss of dress, ornaments and cycle. The High 1 Civil Appeal No.3595/2024 decided on 08.08.2025 - 5 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 Court reduced the amount by taking the amount as Rs.30,000/- per annum and the multiplier as 15 and the amounts under other heads are also reduced by granting total compensation at Rs.5,80,000/-. But, the Hon'ble Supreme Court has upheld the order of the Tribunal by taking the income of Rs.5,000/- per month and the multiplier based on the age of the mother, and the personal expenses were not deducted and accordingly, granted the compensation of Rs.8,70,000/-. 4. The learned counsel for the appellants further relief upon the judgment of this Court in MFA No.8536 of 2019 decided on 23.06.2022 (LAKSHMI DEVI AND ANOTHER Vs. MURUGESH K.C. AND ANOTHER), wherein the compensation paid by the Tribunal at Rs.2,35,000/- was increased to Rs.3,00,000/-. Learned counsel for the appellants also relied upon the judgment of this Court in MFA No.11440 of 2011 connected with MFA No.206 of 2018 (LAKSHMINARAYANAPPA @ MOOGAPPA AND OTHERS Vs. M/S ROYAL SUNDARAM ALLIANZ INS. CO. LTD., AND ANOTHER) decided on 12.09.2024 in which certain guidelines were framed by contemporary Court regarding assessment of compensation not only in MVCs but also before Railway Claims - 6 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 Tribunal and also specified the amounts in tabular form by discussing all the facts at length. 5. Learned counsel for respondent submitted that in the present case, the deceased minor child is only 6 months old. Therefore, the Tribunal has rightly granted the compensation of Rs.5,50,000/- and it needs no interference. 6. Heard arguments of both sides. 7. The Hon9ble Supreme Court in the case of KISHAN GOPAL AND ANOTHER Vs. LALA AND OTHERS (2013 AIR SCW 5037) has considered that notional income of the deceased child at Rs.30,000/- per annum and considering the age of the younger parents of the deceased, namely mother, who was about 36 years old, has applied the multiplier of 8159. The Hon'ble Supreme Court in the said judgment has further held that minimum wages of the particular State is to be considered while calculating the compensation to the minor, who met with an accident. Minimum wages is to be considered while calculating the compensation for the minor victims and the mother of the victim was aged 30 years. Therefore, the multiplier is to be taken as 17. Thus, the loss of dependency - 7 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 comes to Rs.10,20,000/- (5,000 x 12 x17). Further, as per the guidelines of the Hon9ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others2, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others3, the petitioners being the parents of the deceased, each of them are entitled for Rs.48,000/- towards loss of consortium. Rs.33,000/- is awarded under conventional heads, as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi4. Thus, the total compensation comes to Rs.11,49,000/-. 8. In all, the claimants are entitled for the compensation of Rs. 11,49,000/- with interest at 6% per annum as against Rs.5,50,000/- awarded by the Tribunal. 9. The award of compensation passed by the Tribunal is modified as under: 2 (2018) 18 SCC 130 3 (2020) 9 SCC 644 4 (2017) 16 SCC 680 - 8 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 Heads Amount in Rs. 1. Loss of Dependency 10,20,000/- 2. Loss of Consortium (48000 x 2) 96,000/- 3. Towards conventional heads 33,000/- Total 11,49,000/- 10. While the petitioners were travelling along with their minor child in a Tayota Qualis car bearing registration No.KA-07-M-4160 and when reached NH-75, a KSRTC bus driven by its driver in a rash and negligent manner, dashed Toyota Qualis. As a result, the inmates of the Toyota Qualis car sustained injuries. Petitioners were taken to the hospital in an ambulance bearing Registration No.TN-06-T-8986. But the driver of the ambulance driven it in rash and negligent manner, as a result, the ambulance toppled. The minor child, who was travelling in the ambulance sustained grievous injuries and he was taken in a different ambulance to the hospital. But, he died on the same day at 12.30 p.m. Considering the said aspect, the Tribunal held that the owner and insurer of the ambulance are liable to pay the compensation and accordingly, directed respondent No.2 to - 9 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 deposit the amount. The appellants-claimants contended that the accident occurred due to negligence of the driver of the KSRTC bus and thus, KSRTC should be directed to pay the compensation. The reasoning given by the Tribunal regarding the manner of accident and fastening of the liability against respondent No.2 holds good. Therefore, this Court directs respondent No.2 to deposit the compensation. 11. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The appellant-claimants are entitled for the total compensation of Rs.11,49,000/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent No.2-insurance company has already deposited the awarded amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.5,99,000/- with - 10 - HC-KAR NC: 2026:KHC:1878 MFA No. 4245 of 2024 interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the Claimants are permitted to withdraw the amount along with interest accrued on it, equally. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 105