- 1 - HC-KAR NC: 2026:KHC:7184 MFA No. 8395 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8395 OF 2024 (MV-D) BETWEEN: 1. SRI HANUMANTHA REDDY AGED ABOUT 47 YEARS S/O LATE RAMAKRISHNA REDDY 2. SMT ESHWARAMMA AGED ABOUT 61 YEARS W/O NARASIMHA REDDY 3. SMT REDDY VENKATALAKSHMAMMA AGED ABOUT 57 YEARS W/O SIVA REDDY ALL ARE AT PRESENT RESIDING AT: NO.E 236, SINGANAYAKANAHALLI, BENGALURU - 560 064 PERMANENT ADDRESS: NO 5-107, PALEPALLI MARASALAPALLI, ANANTHPUR ANDHRA PRADESH - 515 601 …APPELLANTS (BY SRI. NAGARAJA REDDY D., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7184 MFA No. 8395 of 2024 AND: 1. SRI THIMMARAYAPPA M. S/OMUNIYAPPA R/A NO 48, JONNAHALLI VILLAGE REDDYHALLI POST DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 2. UNIVERSAL SOMPO GENERAL INSURANCE CO LTD REGIONAL OFFICE, KVV SAMRAT 4TH FLOOR, NO.217/A, OUTER RING ROAD, KASTURI NAGAR. BENGALURU - 560 043 REP BY ITS MANAGER …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2 VIDE ORDER DATED 07.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.10.2024 PASSED IN MVC NO.3348/2023 ON THE FILE OF THE VIII ADDITIONAL JUDGE AND COURT OF SMALL CAUSES AND ACJM, BENGALURU SCCH-5, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION IN TIME. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7184 MFA No. 8395 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments on both sides. 2. This appeal is filed against the judgment and award dated 04.10.2024 passed by the VIII Additional Small Causes Judge and the MACT, Bengaluru (henceforth referred to as 'Tribunal) in MVC No.3348/2023. 3. One P. Aswathamma, aged about 82 years, met with an accident on 26.04.2023 and died subsequently. Her major son and daughters have filed a claim petition claiming compensation of Rs.15,00,000/- along with interest. The Tribunal after considering the entire evidence on record, has awarded the compensation of Rs.3,64,008/- along with interest at the rate of 6% per annum from date of petition till its realization. 4. Aggrieved by the said judgment and award of the Tribunal, the children of the deceased have preferred this appeal and mainly contented that though the deceased was doing coolie and agriculture work and was earning Rs.25,000/- per month. However, the Tribunal has taken the monthly at - 4 - HC-KAR NC: 2026:KHC:7184 MFA No. 8395 of 2024 only Rs.15,250/- and applied multiplier of '2' for the age group of the deceased, without properly appreciating the law laid down by the Hon'ble Supreme Court in SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER, wherein for persons aged above 65 years, the appropriate multiplier is '5'. It is further contended that the consortium awarded at Rs.30,000/- is on the lower side. Therefore, the claimants prays for enhancement of the compensation. 5. Admittedly, no income proof has been filed in respect of P. Aswathamma. As she met with an accident in the year 2023, her notional income is to be taken at Rs.16,000/- per month as per the chart prepared by Karnataka State Legal Services. She is not entitled for any future prospects, as the children are major and not dependent upon her. Considering that the deceased was aged 82 years, 50% of income is liable to be deducted towards her personal expenses and the appropriate multiplier is '5'. Accordingly, the loss of dependency comes to 16,000/- - 50% x 12 x 5 = 4,80,000. Further, each of the claimants are entitled for an amount of - 5 - HC-KAR NC: 2026:KHC:7184 MFA No. 8395 of 2024 Rs.40,000/- towards parental consortium. In addition, they are entitled to Rs.30,000 under the conventional heads. 6. Thus in all, the claimants are entitled for the following compensation:- Sl. No. Particulars Amount (In Rs.) 1. Loss of dependency (16,000/- - 50% x 12 x 5) 4,80,000 2 Conventional heads 30,000 3. Loss of parental consortium (Rs.30,000/- each to the claimants) 1,20,000 Total 6,30,000/- 7. The Tribunal has awarded the compensation of Rs.3,64,008/- but the claimants are entitled to total compensation of Rs.6,30,000/-. Therefore the claimants are entitled to enhanced compensation of Rs.2,65,992/- (Rs.6,30,000/- - Rs.3,64,008/-). 8. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. - 6 - HC-KAR NC: 2026:KHC:7184 MFA No. 8395 of 2024 ii. The judgment and award dated 04.10.2024 passed by the VIII Additional Small Causes Judge and the MACT, Bengaluru in MVC No.3348/2023 is hereby modified holding that the claimants are entitled for enhanced compensation of Rs.2,65,992/- along with interest at the rate of 6% per annum within one month from the date of this judgment. iii. Respondent No.2/Insurance Company is directed to deposit the compensation amount along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, the claimants are permitted to withdraw the entire amount along with interest accrued on it, equally. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 93