- 1 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9760 OF 2017 (MV-D) BETWEEN: 1. SRI RANGASWAMY S/O. LATE. JULARANGANAYAKA, AGED ABOUT 51 YEARS 2. SMT. KENCHAMMA W/O. RANGASWAMY AGED ABOUT 46 YEARS 3. MASTER. CHANDRASHEKAR S/O. RANGASWAMY AGED ABOUT 16 YEARS 4. KUMARI. MEENAKSHI D/O. RANGASWAMY AGED ABOUT 15 YEARS (APPELLANTS 3 AND 4 BEING MINORS ARE DULY REP BY NATURAL GUARDIAN FATHER THE 1ST APPELLANT) ALL ARE R/AT HOSAHALLY PALYA, HONNAVALLI HOBLI, TIPATURU TALUK, TUMAKURU DIST 572217 …APPELLANTS (BY SRI. HEMANTH P L, ADVOCATE FOR SRI. RAMESH KUMAR R V, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 AND: 1. SRI THIMMEGOWDA S/O. LATE. THIMMEGOWDA, MAJOR R/O. K BECINAHALLI, KANATHUR POST, DOBBEGHATA HOBLI, TURUVEKERE TALUK, TUMAKURU DIST 572227. (OWNER OF THE TRACTOR TRAILER NO. KA-44-447/447) 2. CHOLAMANDALAM MS GENERAL INSURANCE CO LTD 2ND FLOOR, DARE HOUSE, 2NSC, BOSE ROAD, CHENNAI 600001. ALSO AT BENGALURU BRANCH, 9/1, HALASURU ROAD, BENGALURU 560043 …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 30.11.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21/04/2017, PASSED IN MVC NO.1106/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE & XIV MACT, TIPTUR, 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 MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 ORAL JUDGMENT 1. The present appeal is filed by the claimants impugning the judgment and award dated 21.04.2017 passed in MVC No.1106/2014 by the Senior Civil Judge & XIV MACT, at Tiptur1. whereunder the Tribunal has partly allowed the claim petition and awarded a total compensation of `6,77,500/- together with interest at 6% pa. 2. The findings of the Tribunal on negligence and liability are not under challenge. Hence, the only question that is to be adjudicated in the present appeal is the adequacy of the quantum of compensation. 3. It is forthcoming that the deceased was aged 17 years as on date of the accident, i.e., on 20.11.2012 and the Tribunal has rightly applied the multiplier of 18. Although it has been averred that the deceased was a student, no documents have been produced to evidence the educational course that the deceased was pursuing. The Tribunal has assessed the monthly income of the deceased at `4,500/-. Since no documents have 1 hereinafter referred to as the 'Tribunal' - 4 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 been produced to demonstrate the income of the deceased. Hence, notional income of the deceased having regard to the date of the accident is re-assessed as `7,000/- p.m. 4. Since the deceased was a bachelor, 50% is to be deducted towards personal expenses. 40% is added towards future prospects having regard to the judgment of the Supreme Court in the case of National Insurance Company Limited V. Pranay Sethi and others2. 5. Hence, the loss of dependency is re-assessed as (`7,000-50%+40%X12X18)=`10,58,400/- as against `6,77,500/- awarded by the Tribunal. 6. From amongst the claimants the parents and the sister of the deceased are entitled to loss of consortium at `40,000/- each in terms of the judgment of Magma General Insurance Co., Ltd., v. Nanu Ram3. With regard to the increment, the learned counsel for the insurer relies on the judgement of the Supreme Court in 2 (2017) 16 SCC 680 3 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 the case of Hasina Yasmin and Others Vs. National Insurance Company and another (order dated 17.12.2025 passed in SLP (C) No.27285/2025). In view of the same, no order for increment is made. 7. The claimants are also entitled to compensation towards funeral expenses and loss of estate at `15,000/- each. 8. Accordingly, the total compensation payable to the claimants under various heads is re-assessed as follows: Sl.No. Heads Amount awarded by Tribunal (`) Amount awarded by this Court (`) 1. Loss of consortium (40000X3) -- 1,20,000.00 2 Funeral expenses 10,000.00 15,000.00 3. Loss of dependency 6,07,500.00 10,58,400.00 4. Loss of estate -- 15,000.00 5. Loss of love and affection 60,000.00 -- Total 6,77,500.00 12,08,400.00 - 6 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 9. Hence, the claimant is entitled for enhanced compensation of (`12,08,400.00–`6,77,500.00)= `5,30,900/-. 10. Taking judicial notice of the interest awarded towards Fixed Deposits, it is just and proper to award interest on the enhanced compensation at 7% p.a. 11. In view of the aforementioned, the following: ORDER i) The above appeal is allowed in part; ii) The judgment and award dated 21.04.2017 passed in MVC No.1106/2014 by the Senior Civil Judge & XIV MACT, at Tiptur is modified holding that the respondent No.2 - insurer is liable to pay enhanced compensation of `5,30,900.00 together with interest at 7% pa., from the date of petition till date of realization, in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The respondent No.2– insurer shall deposit the enhanced compensation together with accrued interest within a period of four weeks; - 7 - HC-KAR NC: 2026:KHC:5572 MFA No. 9760 of 2017 iv) The Registry to draw the modified decree accordingly; v) The records, if any, received be transmitted to the Tribunal forthwith; vi) No costs. Sd/- (C.M. POONACHA) JUDGE Vmb, List No.: 1 Sl No.: 18