- 1 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 657 OF 2025 (MV-D) BETWEEN: 1. GANESHA S/O HUCHAIAH, AGED ABOUT 51 YEARS, 2. UMA, W/O GANESHA, AGED ABOUT 44 YEARS, 3. SUDARSHAN G, S/O GANESHA, AGED ABOUT 25 YEARS, ALL ARE RESIDING AT NO.735, NAYAKARA STREET, 3RD WARD, PALYA, PALYAM, KOLLEGAL (TQ), CHAMARAJANAGAR (D)-571440. …APPELLANTS (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. M/S THE SECRETARY M/M HILLS, KOLLEGAL (TQ), CHAMARAJANAGARA (D)-571490. 2. M/S. THE EXECUTIVE OFFICER, SRI.MAHADESWARASWAMY DEVASTHANA, MAHADESHWARA Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 HILLS, KOLLEGAL (TQ), CHAMARAJANAGARA (D)-571490. 3. THE MANAGER, UNITED INDIA INS. CO., LTD., MOTOR TP HUB, NO.1134, PRINCE OF WALES ROAD, BALLAL CIRCLE, CHAMARAJAPURAM, MYSORE-570 005. …RESPONDENTS (BY SRI. B A RAMAKRISHNA, ADVOCATE FOR R3; V/0 DTD. 17.04.2026, NOTICE TO R1 AND R2 DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2024 PASSED IN MVC NO.1099/2022 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES AS A PREDSIDING KOFFICER, MACT, MYSURU, 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 judgment and award dated 18.04.2024 passed in MVC No.1099/2022, by the Court of Additional Small Causes - 3 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 and Senior Civil Judge, and Motor Accident Claims Tribunal, Mysuru, for enhancing the compensation. 2. Heard the arguments of learned counsel for respondent No.3 and learned counsel for the appellants. 3. Brief facts of the case are that, Sri. Vijayakumar @ VijayNayaka G, met with an accident on 14.05.2022. His parents and brother filed claim application claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted Rs.27,34,600/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. It is contended that the deceased-Vijayakumar, was earning Rs.25,000/- p.m. Due to his untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.3 and the policy was in force. However, his monthly income has been wrongly assessed. It is submitted that - 4 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 the Vijayakumara was doing coolie work and earning Rs.25,000/- per month. Further, the Tribunal has committed an error in considering the monthly income of the deceased by keeping in mind the year of accident and occupation. Further, the Tribunal has failed to consider the fact that there is no hard and fast rule to deduct 50% in each and every case and even in Sarla Varma case, if there is large number of family members, 1/4th ought to have been deducted for personal expenses and therefore, requested for its modification. Lastly, the Tribunal has committed an error in awarding very meagre compensation under conventional heads. Therefore, the appellants have requested for enhancement of compensation. 5. The Vijayakumara was aged 19 years and the relevant multiplier is to be taken as ‘18’. Though the appellants have stated that the deceased was earning Rs.25,000/- per month, they have not filed a single document to prove his income. Since the accident - 5 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 occurred on 14.05.2022, the Tribunal has rightly considered the notional income of deceased at Rs.15,500/- as per the guidelines issued by Karnataka State Legal Services Authority and this Court finds no reason to interfere with the same and it is hereby confirmed. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 40% is to be added towards future prospectus and as per the guidelines of the Hon’ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation2, 50% is to be deducted towards personal expenses since the deceased is a bachelor. Accordingly, the 'loss of dependency' come to Rs.23,43,600/- (15,500 + 40% - 50% X 12 X 18). Petitioner Nos.1 and 2 being the parents of deceased, is entitled to Rs.44,000/- each under the head 'filial consortium' that comes to Rs.88,000/- '. Apart from that, the appellants are also 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 entitled for Rs.33,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. Further, the medical bills to the tune of Rs.2,81,000/- was incurred towards the treatment of the deceased and the Tribunal has granted the same and this Court finds no reason to interfere with the same and it is confirmed. 6. Thus in all, components awarded by this Court are as below, 7. Compensation is enhanced from Rs.27,34,600/- to Rs.27,45,600/- and the enhanced compensation is Particulars Amount in Rs. Loss of dependency 23,43,600.00 Loss of consortium 88,000.00 Conventional heads 33,000.00 Medical expenses 2,81,000.00 Total 27,45,600.00 - 7 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 Rs.11,000/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 18.04.2024 passed in MVC No.1099/2022, by the Court of the Additional Small Causes and Senior Civil Judge and Motor Accident Claims Tribunal, Mysuru, is modified; iii. Respondent No.3 is directed to deposit the compensation of Rs.11,000/- with interest at the rate of 6% per annum within one month from the date of this order. iv. On such deposit, appellant No. 2 i.e. mother of the deceased is permitted to withdraw the entire compensation with interest accrued on it. - 8 - HC-KAR NC: 2026:KHC:21244 MFA No. 657 of 2025 v. Further, the appellants/claimants are not entitled for the interest for the delay period of 177 days vide order dated 17.04.2026. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 12