- 1 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4635 OF 2025 (MV-D) BETWEEN: 1. SMT GAYATHRI W/O LATE. NARAYANASWAMY AGED ABOUT 61 YEARS, 2. SRI. KARTHIK.N S/O LATE. NARAYANASWAMY, AGED ABOUT 36 YEARS, 3. SHRUTHI S/O LATE. NARAYANASWAMY, AGED ABOUT 36 YEARS, THE APPELLANTS ARE ALL R/AT NO.27, 1ST A CROSS, NISARGA LAYOUT, ANANTHAPURA VILLAGE, NEAR OOTY CONVENT, ANANTHAPURA, YALAHANKA, BENGALURU - 560 064. …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO., LTD., NO.121, THE ESTATE, 9TH FLOOR, DICKENSON ROAD, M.G. ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 BENGALURU - 42. POLICY ISSUED BY ITS BRANCH OFFICE, (POLICY NO. 3003/250199231/00/000 FROM 26-06-2022 TO 25/06/2023) 2. SMT. SASIREKA M. W/O MURUGAN, MAJOR, RESIDING AT NO.6/44, MELAPATTI N PUDUPATTI, NAMAKKAL, TAMILNADU - 637 020. …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R1; VIDE ORDER DATED 25.06.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2025 PASSED IN MVC NO.3855/2023 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES, AND MEMBER MACT-15, BENGALURU CITY (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 - 3 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 judgment and award dated 07.02.2025 passed in MVC No.3855/2023 on the file of the XIII Additional Small Causes Judge, ACJM, Court of Small Causes, and Member MACT-15, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. Brief facts of the case are that, one Sri. Narayanswamy, met with an accident on 12.06.2023 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.9,08,500/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, claimants have preferred this appeal. - 4 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 4. It is stated that Narayanswamy was aged about 65 years and was doing business, earning Rs.20,000/- per month. But the Tribunal erred in taking his monthly income at only Rs.16,000/-. Though only 1/3rd of the income is to be deducted towards personal expenses, the Tribunal has erroneously deducted 50%. The compensation awarded under the other heads are also meagre. Therefore, requested for enhancement of the compensation. 5. Though it is contended that Narayanswamy was earning Rs.20,000/- per month, he has not filed any income proof. As the deceased met with an accident in the year 2023, the Tribunal has rightly taken the notional income at Rs.16,000/- per month, which needs no interference. The deceased was aged 65 years and the applicable multiplier is ‘7’. After deducting 1/3rd towards personal expenses, the loss of dependency comes to Rs.8,96,000/- (Rs.16,000 × 12 × 7 × 2/3). Petitioner No.1 is entitled to Rs.48,000/- towards spousal - 5 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 consortium and petitioner Nos.2 and 3 are entitled to Rs.48,000/- each towards parental consortium. All the petitioners are entitled to Rs.36,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.10,76,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 8,96,000/- 2 Towards spousal consortium to petitioner No.1 48,000/- 3 Towards parental consortium to petitioner No.2 and Petitioner No.3 48,000/- 48,000/- 4 Towards conventional heads 36,000/- Total 10,76,000/- - 6 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.02.2025 passed in MVC No.3855/2023 on the file of the XIII Additional Small Causes Judge, ACJM, Court of Small Causes and Member MACT- 15, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.10,76,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.9,08,500/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.1,67,500/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:3902 MFA No. 4635 of 2025 v. On such deposit, petitioner No.1-wife of the deceased is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 38