- 1 - HC-KAR NC: 2026:KHC:1396 MFA No. 4158 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4158 OF 2025 (MV-D) BETWEEN: 1. SMT JAHNAVI W/O. SHRINIVASA ACHARYA @ SHRINIVAS ACHARYA AGED ABOUT 47 YEARS 2. MR PAVAN RAJ ACHARYA S/O. SHRINIVASA ACHARYA @ SHRINIVAS ACHARYA AGED ABOUT 26 YEARS 3. MR SUHAN RAJ S/O. SHRINIVASA ACHARYA @ SHRINIVAS ACHARYA AGED ABOUT 20 YEARS ALL ARE RESIDING AT # 9-96A, JAYA HOTEL, NEAR RAILWAY GATE, SOMESHWARA UCHILA POST, SOMESHWARA VILLAGE, MANGALURU TALUK D.K. DISTRICT. PIN-575023 …APPELLANTS (BY SRI. G. RAVISHANKAR SHASTRY.,ADVOCATE) AND: 1. MR RIFAZ S/O. V. YUSUF ADULT RESIDING AT 2-95 (C) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1396 MFA No. 4158 of 2025 SHANTHI NAGARA,KAMBALABETTU, VITTLAMUDNOOR POST, AND VILLAGE, BANTWAL TALUK, D.K. DISTRICT. PIN-575005 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD. 1215, NAURANG HOUSE 21 K.G. MARG, NEW DELHI-110001, REPRESENTED BY ITS DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., FORTUNE BUILDING, AVERY JUNCTION, FALNIR, MANGALURU, D.K. DISTRICT. PIN - 575003. …RESPONDENTS (BY SRI.B.C.SEETHARAMA RAO., ADVOCATE FOR R2) (V/O DATED 18.06.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2025 PASSED IN MVC NO. 1658/2022 ON THE FILE OF THE I ADDITIONAL SENIRO CIVIL JUDGE AND CJM, C/c II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, 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:1396 MFA No. 4158 of 2025 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellants against the judgment and award of the tribunal passed in MVC.No.1658/2022 dated 19.02.2025 by the II Additional Senior Civil Judge and Member, MACT, Mangaluru, Dakshina Kannada. 3. The deceased Sri.Shrinivasa Acharya @ Shrinivas Acharya met with an accident on 24.08.2022. His wife and children filed claim petition claiming compensation of Rs.30,00,000/- with interest. The tribunal after considering the entire evidence on record granted Rs.16,86,900/- with interest at 6% p.a. from date of petition till realisation. 4. Being aggrieved by the said order, petitioners/appellants preferred this appeal and mainly contended that deceased Sri.Shrinivasa Acharya @ - 4 - HC-KAR NC: 2026:KHC:1396 MFA No. 4158 of 2025 Shrinivas Acharya was working as a carpenter, was aged 51 years and earning Rs.25,000/- per month. The rate of interest and the compensation awarded by the tribunal are on the lower side and requested for enhancement of the compensation. 5. Though petitioners/appellants stated that deceased Sri.Shrinivasa Acharya @ Shrinivas Acharya was earning Rs.25,000/- per month, they have not filed any income proof. As the deceased met with an accident in 2022, as per the guidelines of the Karnataka State Legal Services Authority, the tribunal has rightly taken his notional income as Rs.15,500/- per month. As he was aged 51 years, the multiplier applicable is 11, 10% is added towards future prospects and one third is deducted towards personal expenses of the deceased. The loss of dependency comes to 15,500 + 10% of 15,500 X 12 X 1/3 = Rs.1,36,400/- X 11 = Rs.15,00,400/-. - 5 - HC-KAR NC: 2026:KHC:1396 MFA No. 4158 of 2025 6. The first petitioner is entitled to spousal consortium of Rs.48,400/- , 2nd and 3rd petitioners are entitled for parental consortium of Rs.48,400/- each and they are also entitled to amount of Rs.41,300/- under the conventional heads and travelling expenses and for a total compensation of Rs.16,86,900/-. 7. The tribunal has rightly awarded amount as per the guidelines issued by the Supreme Court and this Court finds no reason to interfere with the said order. As a result, I proceed to pass the following: ORDER The appeal is dismissed confirming the order passed by the tribunal. 2. Respondent No.2 is directed to deposit the compensation amount of Rs.16,86,900/- with interest at the rate of 6% per annum within 1 month from the date of this order. On such deposit, petitioners/appellants are - 6 - HC-KAR NC: 2026:KHC:1396 MFA No. 4158 of 2025 permitted to withdraw the entire amount along with the accrued interest. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 63