- 1 - HC-KAR NC: 2026:KHC:1911 MFA No. 7778 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 7778 OF 2023 (MV-D) BETWEEN: 1. SMT. GAYATHRI W/O POORNAYYA AITHAL, AGED ABOUT 53 YEARS, 2. SRI. POORNAYYA AITHAL S/O KRISHNA AITHAL AGED ABOUT 64 YEARS, BOTH ARE RESIDING AT THRINETRA NILAYA, ARASARA BETTU, BEEJADI VILLAGE, KUNDAPURA TALUK. &APPELLANTS (BY SRI. S.M. ANFAL, ADVOCATE FOR SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. SRI. ASIF AGED ABOUT 29 YEARS, S/O LATE MOHAMMED SHARIF, R/AT MURATHAMELU, PILATHA BETTU VILLAGE BANTWAL TALUK. 2. ZEENATH UNNISA (MAJOR) W/O SHABBIR HASSAN, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1911 MFA No. 7778 of 2023 R/O DARGA ROAD, KARNAD, MULKY, MANGALORE. 3. THE NEW INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, UDUPI 2ND FLOOR, OPP POST OFFICE, SRIRAMA ARCADE, UDUPI REP. BY ITS MANAGER. &RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R3; VIDE COURT ORDER DATED 15.03.2024, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.06.2021 PASSED IN MVC NO.461/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:1911 MFA No. 7778 of 2023 ORAL JUDGMENT Heard Sri.S.M.Anfal who represents Sri. K.Prasanna Shetty learned counsel on record for the appellants as well as Sri.C.R.Ravishankar learned counsel for respondent No.3. 2. Aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Kundapura through orders in M.V.C. No.461/2016 dated 30.06.2021, the claimants therein preferred the present appeal. 3. The only point urged and argued by learned counsel who represents the appellants is in respect of compensation that is to be awarded under the head loss of filial consortium. Learned counsel states that the first appellant is the mother and the second appellant is the father of the deceased Manasa, who died in a road traffic accident that occurred in the year 2014. Learned counsel submits that mother as well as father are entitled to compensation under the head loss of filial consortium but - 4 - HC-KAR NC: 2026:KHC:1911 MFA No. 7778 of 2023 the tribunal awarded compensation of Rs.44,000/- under the said head in favour of the first appellant only. Learned counsel contends that as the father is also entitled to compensation towards loss of filial consortium, the same may be awarded. 4. Sri C.R.Ravishankar, learned counsel for respondent No.3 states that the Court may dispose of the matter in accordance with law. 5. Admittedly, both the parents are entitled to compensation towards loss of filial consortium. A sum of Rs.44,000/- is awarded under the head loss of filial consortium. However, as the accident occurred in the year 2014 each of the appellants i.e., mother and father are entitled to Rs.40,000/- each. As Rs.44,000/- is already awarded, a sum of Rs.36,000/- is liable to be paid by respondent No.3 to the appellants towards loss of filial consortium. Thus, the appeal is disposed of with the following:- - 5 - HC-KAR NC: 2026:KHC:1911 MFA No. 7778 of 2023 ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Kundapura through orders in M.V.C. No. 461/2016 dated 30.06.2021 is enhanced by Rs.36,000/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 529 days as per the orders on I.A No.1/2023. iv. On such deposit, appellant No.2 is permitted to withdraw the same. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 41