- 1 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8142/2024 (MV-D) BETWEEN: 1. MALLAVVA BHOMMAHALLI W/O LT HULUGAPPA AGED ABOUT 44 YEARS 2. CHAITRA S W/O SHIVARAJA S D/O LT HULUGAPAP AGED ABOUT 24 YEARS 3. B ROJA W/O GORAVARA HANUMATNHAPPA D/O LT HULUGAPPA AGED ABOUT 21 YEARS 4. B LAKSHMI D/O LT HULUGAPAP AGED ABOUT 15 YEARS 5. B ARCHANA D/O LT HULUGAPAP AGED ABOUT 13 YEARS 6. B ASHWINI D/O LT HULUGAPPA AGED ABOUT 13 YEARS 7. B MAHESHA S/O HULUGAPPA AGED ABOUT 9 YEARS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 8. BASAMMA W/O LT B HANUMANTHAPPA AGED ABOUT 72 YEARS ALL ARE R/AT NEAR ANJANEYA TEMPLE HIRISOBATI, THAMBRAHALLI HAGARIBOMMANAHALLI BELLARY, KARNATAKA SINCE THE 4TH TO 7TH APPELLANTS ARE MINORS REPTD. BY THEIR MOTHER 1ST APPELLANT AS NATURAL GUARDIAN …APPELLANTS (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. MANJUNATHA REDDY H S/O K R HANUMANTHA REDDY OPP. RAME GUESTLINE HOTEL ATTIBELE INDUSTRIAL AREA HOSUR MAI ROAD, ANEKAL BENGALURU-562 107. 2. THE MANAGER UNIVERSAL SOMO GENERAL INSURANCE CO. LTD., 4TH FLOOR, K.V.V SAMRAT, 217/A, 3RD MAIN, OUTER RING ROAD KASTRUI NAGAR BENGALURU-560 043. …RESPONDENTS (BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2, V/O DTD 04.03.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.01.2024 PASSED IN MVC NO.4994/2022 ON THE FILE OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR - 3 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 29.01.2024 passed in MVC No.4994/2022 on the file of the III Additional Judge, Court of Small Causes, Member, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The deceased one Hulugappa son of late Hanumappa met with an accident on 29.08.2022 and died. The claimants who were wife, children and mother of the deceased, filed claim petition claiming compensation of Rs.60,00,000/-. The tribunal considering the entire - 4 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 evidence on record granted an amount of Rs.25,05,400/- along with interest rate of 6% p.a., from date of petition till deposit. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for petitioners mainly contended that Hulugappa was earning Rs.40,000/- per month, but the Tribunal has taken only Rs.15,500/- and meager compensation under other heads are granted and the loss of consortium was not granted to the other claimants, thus requested for enhancement. As there is no proof of income, the Tribunal has rightly taken his notional income as Rs.15,000/- per month, as he was aged 46 years, multiplier taken as 13 and the loss of dependency is Rs.24,18,000/- as granted by the tribunal. The petitioner No.1 is entitled for Rs.44,000/- towards spouses consortium. The petitioner Nos.2, to 7 are entitled for an amount of Rs.44,000/- for each of them towards parental consortium and petitioner No.8 is entitled for filial consortium of Rs.44,000/-. Apart from that they are also - 5 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 entitled for Rs.33,000/- under the other conventional heads. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.25,05,400/- to Rs.28,03,400/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 29.01.2024 passed in MVC No.4994/2022 Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 24,18,400 2 Towards loss of consortium (8 claimants) 3,52,000 3 Conventional heads 33,000 Total 28,03,400 - 6 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 on the file of the III Additional Judge, Court of Small Causes, Member, MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs. 28,03,400/- (Rupees Twenty Eight Lakhs Three Thousand and Four Hundred) along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.25,05,400/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,98,000/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:439 MFA No. 8142 of 2024 v. On such deposit, petitioner No.1/the wife of the deceased is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 25.10.2025, the delay of 226 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 95