- 1 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5891/2024 (MV-D) BETWEEN: 1. SRI G P PALGUNA W/O LATE G PANDU AGED ABOUT 61 YEARS 2. SMT G KAVYA W/O G P PALGUNA AGED ABOUT 54 YEARS BOTH ARE RESIDING AT PLAT NO 10 PNCHASHEEL COLONY, HASMAPTHPET OLD BOWEN PATLY, TIRUMALAGIRI MANOVIKASANGAR, HYDERABAD TELANGANA-500 009. &APPELLANTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S ORIENTAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO 44/45, LEO COMPLEX, RESIDENCY ROAD CROSS, BENGALURU-560 006. 2. SRIDHARAGATTA PURUSHOTHAM DUTT, S/O SIRHDARGHATTA NARASIHA PRASAD, NO 1/92, VARURAMPATTAI, GANESHPURAM SREEPADA NIVAS, WARD NO 52 BASAVANAURA, K R PURAM Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 BENGALURU-560 036. &RESPONDENTS (BY SRI. RAVISHANKAR C R., ADVOCATE FOR R1, V/O DATED 01.08.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.12.2022 PASSED IN MVC NO.1567/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING 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 30.12.2022 passed in MVC No.1567/2022 by the V Additional Small Causes Judge and XXIV A.C.M.M., Member, MACT, Bengaluru. One G.P. Teja, son of G.P. Palguna met with an accident on 17.03.2021 and died subsequently. His parents filed claim petition claiming compensation of Rs.50,00,000/- for the death of Teja. The Tribunal considering the evidence on record granted compensation of Rs.27,55,000/- with interest at 6% per annum from the date of petition till realization. - 3 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 2. Aggrieved by the said order, this appeal is filed mainly contending that Teja was aged 23 years, he completed his MBA graduation and started his own business earning Rs.30,000/- per month. But, the Tribunal taken the notional income of Rs.14,250/- per month without any basis, and interest is to be granted at the rate of 12% per annum. Thus, requested for enhancement of the compensation. 3. Learned counsel for the respondent-insurance company contended that though it is stated that the deceased was doing business, the claimants have not filed any document to prove his income. As such, the Tribunal has rightly considered the notional income of the deceased and it needs no interference. 4. Learned counsel for the appellants has relied upon the judgment of the Hon'ble Supreme Court in the case of Ashvinbhai Jayantilal Modi Vs. Ramkaran Ramchandra Sharma and another1, in which it was held that a bright medical student, aged 19 years, met with an accident and the Tribunal considered his income as Rs.18,000/- per month. But 1 (2015)2 SCC 180 - 4 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 the Hon'ble Supreme Court enhanced it to Rs.25,000/- per month. It was further observed that if the deceased completed the course from a reputed university, he might have earned more amount. Learned counsel for the appellants further submitted that assessing the notional income based on the chart is not proper as the deceased is a qualified person and completed his MBA graduation and is also having other credentials as per the certificates filed by them before the Tribunal under Exhibits P.14 to Exhibit P.22. It was also observed by the Tribunal that his father was due for retirement within six months and they are having two more children including Teja but the second son also died. 5. Admittedly, Teja was aged 23 years and completed his MBA graduation and therefore, though the claimants have not filed any income proof, considering qualification of the deceased, this Court finds it reasonable to take his income as Rs.20,000/- per month. The deceased was aged 23 years and the multiplier is 18. So he is entitled for 40% towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. - 5 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 Pranay Sethi2. As the deceased was a bachelor, 50% is to be deducted towards his personal expenses as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation3. So, the loss of dependency comes to Rs.30,24,000/- (20,000 + 40% - 50% x 12 x 18). 6. The claimants are parents of the deceased. Each of them are entitled for an amount of Rs.44,000/- towards filial consortium as per the guidelines of the Hon9ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others4, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others5, and they are also entitled for Rs.33,000/- under the conventional heads as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi6. The Tribunal has granted Rs.4,70,220/- towards medical 2 (2017) 16 SCC 680 3 (2009) 6 SCC 121 4 (2018) 18 SCC 130 5 (2020) 9 SCC 644 6 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 expenses, and his body was taken from Bangalore to Hyderabad, as such, also granted Rs.20,000/- towards conveyance charges and the said amounts are confirmed. Thus, the total compensation comes to Rs.36,35,220/-. 7. In all, the claimants are entitled for the compensation of Rs.36,35,220/- with interest at 6% per annum as against Rs.27,54,820/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 30,24,000/- 2. Loss of Consortium 88,000/- 3. Towards conventional heads 33,000/- 4. Medical expenses 4,70,220/- 5. Conveyance charges 20,000/- Total 36,35,220/- 9. In the result, the following order is passed: (i) Appeal is allowed in part. - 7 - HC-KAR NC: 2026:KHC:1966 MFA No. 5891 of 2024 (ii) The claimants are entitled for the total compensation of Rs.36,35,220/- 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 awarded amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.8,80,400/- with interest at 6% per annum within one month from the date of this order. (v) On such deposit, the claimants are permitted to withdraw the amount equally, along with interest accrued on it. (vi) In view of the order dated 02.09.2025 passed on I.A.No.1/2024, the claimants are not entitled for interest for the delayed period of 493 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 95