- 1 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4605/2024 (MV-D) BETWEEN: 1. SMT NAJBUNNISA, W/O LATE MOHAMMED ISAK SAB, AGED ABOUT 77 YEARS, OCC: HOUSE HOLD WORK, 2. SMT RESHMA BANU W/O LATE ABDUL NAYIM SHEK AGED ABOUT 42 YEARS OCC: HOUSEHOLD 3. FARZANA BANU SHAIKH D/O ABDUL NAYIM SHEK AGED ABOUT 17 YEARS STUDENT 4. MOHAMMED ISAQ S/O ABDUL NAYIM SHEK AGED ABOUT 15 YEARS STUDENT APPELLANT NO.3 AND 4 ARE SINCE MINOR, REP. BY THEIR NATURAL GUARDIAN MOTHER SMT. RESHMA BANU ALL THE APPELLANTS ARE R/O HALASABALU VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT-577 601. …APPELLANTS (BY SRI. G.J.SUNKAPUR., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 AND: 1. SRI BASAIAH S/O VIJAYAKUMARA SWAMY HIREMATH AGED ABOUT 42 YEARS R/O NIJALINGAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT-577 002 (DRIVER OF THE OFFENDING VEHICLE NO.KA17/P.9240) 2. PROPRIETOR MS. P I INDUSTRIES LTD., NO.118 37 TO 39 MC COMPLEX 2ND CROSS, B T LAYOUT DAVANGERE TALUK AND DISTRICT-577 001 (OWNER OF THE OFFENDING VEHICLE NO.KA17/9.9240) 3. ORIENTAL GENERAL INS.CO.LTD., REP. BY ITS DIVISIONAL MANAGER, 1ST FLOOR, AM ARCADE, OPP. VIDYARTHI BHAVAN, CG HOSPITAL ROAD, DAVANAGERE-577 004, (INSURER OF THE VEHICLE BEARING NO.KA-17/P.9240) 4. MAHESHWARAIAH S/O SHANMUKAIAH AGED ABOUT 47 YEARS R/O NO.323 BEHIND COLLEGE ROAD BEHIND COLLEGE KONDAJJI VILLAGE HARIHARA TALUK, DAVANAGERE DISTRICT-577 589 …RESPONDENTS (BY SRI. RAVINDRA .P, ADVOCATE FOR R3, V/O DTD:10.01.2025 NOTICE TO R1, R2 AND R4 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.04.2024 PASSED IN MVC NO. 299/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE - 3 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 AND J.M.F.C., ADDITIONAL MACT, HARIHARA, 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 judgment and award dated 15.04.2024 passed in MVC No.299/2022 on the file of the Senior Civil Judge and J.M.F.C., Additional MACT, Harihara, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.3. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The petitioners/claimants had filed the claim petition before the tribunal claiming for compensation due to death of one Abdul Nayim son of Mohammed Isak Sab, in a road traffic accident occurred on 12.06.2022. The - 4 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 Tribunal considering the entire evidence on record granted an amount of Rs.23,18,750/- along with interest at the rate of 6% p.a., from the date of filing of the petition, till the date of realization of award amount, holding respondent Nos.3 and 4 jointly and severally liable to pay the compensation. Aggrieved by the said order, this appeal is filed to enhance the compensation. 4. Learned counsel for the appellants contended that the deceased aged 46 years at the time of accident was doing Mechanic work and was earning income of more than Rs.30,000/- but the tribunal has taken only Rs.15,000/-. Further contended that the amount granted towards loss of consortium is on lower side and also requested to enhance the amount towards funeral expenses and loss of estate. 5. Learned counsel for respondent/Insurance Company stated the amount granted by the Tribunal under various heads are reasonable, therefore it needs no interference. - 5 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 6. As there is no proof of income, this court finds it reasonable to consider the notional income of the deceased as Rs.15,500/- per month. Further, as per Ex.P5/post mortem report, the age is considered as 46 years and hence the multiplier applied is 13. Further, 25% is granted towards Future Prospectus of Rs.15,500 X 25% = Rs.3,875/-. Therefore, the sum amount towards the future prospectus is Rs.19,375/- (15,500 + 3,875). Further, due to 4 dependents, 1/4th is to be deducted. Hence, the salary is to be considered as Rs.14,531/- (19,375 - ¼%). Hence, the loss of dependency is Rs.14,531 X 12 X 13 = Rs.22,66,836/-. Further, the consortium is granted at Rs.40,000/- to the dependents which comes to Rs.*44000 X 4 = Rs.176000/- Also, towards funeral expenses an amount of Rs.15,000/- is granted and towards loss of estate an amount of Rs.15,000/- is granted. 7. Thus in all, components awarded by this court are as below, *Corrected vide Court order dt. 25.02.2026 - 6 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.23,18,750/- to *Rs.24,72,836/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 15.04.2024 passed in MVC No.299/2022 on the file of the Senior Civil Judge and Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 22,66,836 2 Towards loss of consortium (4 claimants) *1,76,000 4 Towards Loss of estate and funeral expenses 30,000 Total *24,72,836 *Corrected vide Court order dt. 25.02.2026 - 7 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 J.M.F.C., Additional MACT, Harihara, is modified. iii. The claimants are entitled to a sum of *Rs.24,72,836/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,18,750/- granted by the tribunal. iv. Respondent No.3/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of *Rs.1,54,086/- along with the interest at the rate of 6% within one month from the date of this order. *Corrected vide Court order dt. 25.02.2026 - 8 - HC-KAR NC: 2026:KHC:904 MFA No. 4605 of 2024 v. On such deposit, petitioners are permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 57