- 1 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4888/2025 (MV-D) BETWEEN: 1. SIDDALAKSHMAMMA W/O. LATE HANUMANTHARAYAPPAA, AGED ABOUT 53 YEARS, 2. BALAKRISHNA S/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 25 YEARS, DEAD BY LRS RAMYA.G.L W/O. LATE BALAKRISHNA, AGED ABOUT 26 YEARS, 3. HARSHITHA. L. B. D/O. LATE BALAKRISHNA, AGED ABOUT 11 YEARS, 4. NIRCHITHA. L. B. D/O. LATE BALAKRISHNA, AGED ABOUT 7 YEARS, (APPELLANTS 3 & 4 ARE MINORS REP. BY NATURALL GUARDIAN MOTHER SMT. RAMYA.G.L) ALL ARE RESIDING AT LAKSHMIPURA VILLAGE, MEDIGESHI HOBLI, MADHUGIRI TALUK. 5. LAKSHMAMMA D/O. LATE HANUMANTHARAYAPPA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 AGED ABOUT 31 YEARS, 6. BHAGYAMMA D/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 24 YEARS, ALL ARE RESIDING AT LAKSHMIPURA VILLAGE, MEDIGESHI HOBLI, MADHUGIRI TALUK …APPELLANTS (BY SRI. SATHISHA T., ADVOCATE) AND: 1. GUNDAPPA S/O. VENKATAPPA, AGED ABOUT 40 YEARS, MEDIGESHI HOBLI, MADHUGIRI TALUK. 2. THE MANAGER, THE TATA AIG INSURANCE COMPANY LTD., OFFICE ADDRESS: VICKY MOTORS, OPP: KSRTC BUS STAND, MADHUGIRI TOWN, TUMAKURU DISTRICT-572 132 NOW REPRESENTED BY THE MANAGER, TATA AIG GENERAL INSURANCE COMPANY LTD. J.P & DEVI JUMBUKESHVAR ARCADE, 3RD FLOOR, MILLORS ROAD, VASANTHANAGARA, BENGALURU-560 052 …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE FOR R2, V/O DATED 20.01.2026 NOTICE TO R1 IS D/W) - 3 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.11.2024 PASSED IN MVC NO.468/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, 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 against the award dated 12.11.2024 passed in MVC No.468/2020 by the Principal Senior Civil Judge and JMFC, Madhugiri. One Hanumantharayappa met with an accident on 19.05.2020 and died. The wife of deceased, wife and children of his deceased son, and daughters of deceased filed claim petition claiming compensation of Rs.40,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.14,66,914/- with interest rate of 6% per annum from date of petition till deposit. 2. Aggrieved by the said order, the claimants have filed this appeal and mainly contended that Hanumantharayappa - 4 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 was doing agriculture, milk vending and rearing sheep and earning Rs.30,000/- per month, but the tribunal has taken only Rs.14,000/- per month, and interest is to be enhanced to 12% per annum. Thus, requested for enhancement of compensation. 3. Heard the learned counsel for both sides. 4. Though petitioners have stated that the deceased was earning Rs.30,000/- per month, they have not filed any income proof. As Hanumantharayappa met with accident in the year 2020, this Court finds it reasonable to take notional income as Rs.14,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 60 years and the multiplier is to be taken as 9. As per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi1, 10% towards future prospects to be added and one fourth is towards personal expenses is to be deducted as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation2. Thus, the loss of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 dependency comes to Rs.12,91,950/- (14,500 + 10% - 1/4th x 12 x 9). 5. Further, as per the guidelines of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, the first petitioner is entitled for 44,000 spousal consortium, the 3rd and 4th petitioners are entitled for parental consortium of Rs.44,000/- to each of them. All of them are entitled for an amount of Rs.33,000/- under conventional heads as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi5. The medical expenses of Rs.54,514/- granted by the Tribunal is confirmed. Thus, the total compensation comes to Rs.15,11,464/-. 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 5 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 6. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 12,91,950/- 2. Loss of Consortium 1,32,000/- 3. Towards conventional heads 33,000/- 4. Medical expenses 54,514/- Total 15,11,464/- 7. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimants are entitled for the total compensation of Rs.15,11,464/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.44,550/- with interest at 6% per annum within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:3134 MFA No. 4888 of 2025 (iv) On such deposit, the first petitioner/wife of the deceased is permitted to withdraw the amount along with interest accrued on it. (v) In view of the order dated 20.01.2026 passed on I.A.No.1/2025, the claimants are not entitled for interest for the delayed period of 112 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 17