- 1 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6345 OF 2023(MV-D) BETWEEN: 1. SMT. AMBIKA D/O LATE RANGANNA, AGED ABOUT 25 YEARS, 2. SMT VENILLA D/O LATE RANGANNA, AGED ABOUT 29 YEARS, 3. SMT. CHINTAMANI D/O LATE RANGANNA, AGED ABOUT 28 YEARS, (DAUGHTERS OF THE DECEASED) 4. SMT. MARAMMA AGED ABOUT 70 YEARS, (MOTHER OF THE DECEASED) W/O. LATE MARAIAH R/AT BHARATHNAGARA, B.R.AMBEDKAR NAGARA, UDAYAGIRI, MYSURU DISTRICT - 570019 …APPELLANTS (BY SRI. BHANU PRAKASH H. V.,ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 AND: 1. SRI. C.Y. HEMANTH S/O YALAKKIGOWDA, R/AT CHAMANAHALLI VILLAGE, MALEYUR POST, BANNUR HOBLI, NARASIPURA TALUK K MYSORE - 571101. (OWNER OF GOODS VEHICLE BEARING REG. NO KA-05-AJ-1688) 2. THE DIVISIONAL MANAGER, HDFC ERGO GID LTD, MYSORE TRADE CENTRE, 2ND FLOOR, OPP. KSRTC BUS STAND, B.N.ROAD, MYSORE - 570001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/C/O DATED 25.09.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.06.2023 PASSED IN MVC NO.884/2022 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 ORAL JUDGMENT Heard Sri.Bhanuprakash.H.V learned counsel for the appellants as well as Sri.B.Pradeep learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Mysuru in MVC No.884/2022 dated 20.06.2023. This is a claimants' appeal. 3. Appellant Nos.1 to 3 being majors and married daughters, appellant No.4 being the mother of the deceased Rangamma (hereinafter be referred to as the 'deceased' for brevity) who died in a road traffic accident that occurred in the year 2022, filed a petition claiming compensation of Rs.23,00,000/- in total. The Tribunal through the impugned award held that appellants are entitled to a sum of Rs.15,30,000/- as compensation. The version of appellants is that they are entitled to a higher sum. - 4 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 4. Learned counsel for the appellants submits that he is only aggrieved by failure on part of the Tribunal to add future prospects and awarding meagre sum as compensation towards loss of consortium and funeral expenses. Learned counsel thereby seeks to pass necessary orders. 5. On the other hand, learned counsel for respondent No.2 submits that the deceased was aged more than 40 years as on the date of accident. As per the version of appellants themselves, the elder daughter is aged around 28 years by the date of accident. Therefore, the deceased will certainly be aged more than 40 years however, the Tribunal took the age of the deceased as 40 years as on the date of accident. 6. The Tribunal placing much reliance on Ex.P7 copy of post mortem report came to a conclusion that the deceased was aged around 40 years as on the date of accident. As rightly contented by learned counsel for - 5 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 respondent No.2, appellant No.2 in the pleadings made a clear mention that her age is about 28 years as on the date of filing of the claim petition. The accident occurred in the year 2022 and the claim petition also came to be filed in the same year. Thus, as there is no possibility in the normal course to beget a child by a woman aged around 11/12 years and as the post mortem report reveals that the deceased was aged around 40 years as on the date of accident, this Court is of the view that it can be safely inferred that the deceased should have been between the age group of 41 to 45 years as on the date of accident. Thus, the appropriate multiplier to be applied as per the decision of the Hon'ble Apex Court in Sarla Verma and Others vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104 is '14'. 7. As rightly contented by learned counsel for the appellants, the Tribunal failed to add future prospects. Having considered the fact that the deceased was aged between 41 to 45 years as on the date of accident, 25% of - 6 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 the earnings of the deceased are required to be added towards future prospects as per the decision of the Hon'ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. Thus, on adding 25% towards future prospects and without disturbing other parameters i.e., notional income of the deceased as Rs.15,500/- per month, deducting 50% towards personal and living expenses which the deceased would have incurred for herself had she been alive and applying the appropriate multiplier '14' in the light of the aforementioned discussion, the compensation which the appellants are entitled to receive towards loss of dependency is as follows: Description Amount In Rs. Notional income 15,500-00 Annual Income (15,500X12) 1,86,000-00 On adding 25% towards future prospects 2,32,500-00 On deducting 50% towards personal and living expenses 1,16,250-00 - 7 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 Loss of dependency, on applying appropriate multiplier '14' 16,27,500-00 8. Thus, appellants are entitled to a sum of Rs.16,27,500/- towards loss of dependency. 9. Also appellant Nos.1 to 3 are entitled to a sum of Rs.44,000/- each totalling to Rs.1,32,000/- towards loss of parental consortium. Appellant No.4 being the mother of the deceased is entitled to Rs.44,000/- towards loss of filial consortium. Also, appellants are entitled to Rs.16,500/- towards funeral expenses and Rs.16,500/- towards loss of estate. Thus, the total compensation which the appellants are entitled to receive under each head is as follows: Sl No. Compensation Amount in Rs. 1 Loss of dependency 16,27,500-00 2 Loss of parental consortium 1,32,000-00 3 Loss of filial consortium 44,000-00 - 8 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 9. The Tribunal through the impugned order held that the appellants are entitled to a sum of Rs.15,30,000/- as compensation. However, the discussion went on supra makes it clear that they are entitled to a sum of Rs.18,36,500/-. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Mysuru through orders in MVC No.884/2022 dated 20.06.2023 is enhanced from Rs.15,30,000/- to Rs.18,36,500/-. (iii) The enhanced sum shall carry interest @ 6% p.a. from the date of petition till deposit. 4 Funeral expenses 16,500-00 5 Loss of estate 16,500-00 Total 18,36,500-00 - 9 - HC-KAR NC: 2026:KHC:6331 MFA No. 6345 of 2023 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of the judgment. (v) Appellant No.4 is entitled to the entire enhanced sum along with the interest. (vi) On deposit, appellant No.4 is permitted to withdraw the same. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 15