- 1 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.9662 OF 2025(MV-D) BETWEEN: 1. SMT.M.SUSEELA W/O LATE M.PURUSHOTHAM @ PURSUSHOTHAM NAIDU, AGED ABOUT 60 YEARS 2. SRI.M.REDDIAPPA S/O LATE.M.PURUSHOTHAM NAIDU @M.PURUSHOTAM, AGED ABOUT 43 YEARS 3. SRI. MOTHUKURI DIVYA PRASAD S/O LATE M.PURUSHOTHAM NAIDU @M.PURUSHOTAM, AGED ABOUT 40 YEARS ALL ARE R/AT NO.2-124, SHESHAPURAM, CHITTOOR, ANDHRA PRADESH-517 429 …APPELLANTS (BY SRI. GURUDEVA PRASAD K T, ADVOCATE) AND: 1. M/S THE NEW INDIA ASSURANCE CO.LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.9, 2ND FLOOR, MAHALKSHMI CHAMBERS, M.G.ROAD, BENGALURU-560 001. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 2. M/S.VEMURI KAVERI TRAVELS, PROP. VEMURI VINODH KUMAR, CELLAR FLOOR, NO.71, ALAMPSSJELADHI, 2ND CROSS, R.J.GARDENS, OUTER RING ROAD, MARATHAHALLI, BENGALURU-560 037 …RESPONDENTS (BY SRI C.SHANKAR REDDY, ADVOCATE FOR R1; VIDE ORDER DATED 07.01.2026 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.01.2025 PASSED IN MVC NO.7272/2022 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14 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 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 25.01.2025 passed in MVC NO.7272/2022 on the file of the Member, MACT, XVI Additional Judge, Court Of Small Causes, Bengaluru, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 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. One Purushotham @ Purushotham Naidu, son of Chinnabba met with an accident on 17.08.2022 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,21,100/- with interest at the rate of 6% per annum. 4. Aggrieved by the said order, this appeal is preferred in which it is mainly contended that Purushotham Naidu was aged 66 years, working as a Mason and earning Rs.2,000/- per day, but the Tribunal erred in taking the notional income as Rs.15,500/-, thus requested for enhancement of the compensation. Learned counsel for the appellant contended that tribunal instead of deducting 1/3rd towards personal expenses deducted 50%. - 4 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 5. As the claimants failed to prove the income of deceased Purushotham Naidu, the Tribunal has rightly taken his notional income as Rs.15,500/- as he met with an accident in the year 2022, as per the chart prepared by KSLSA. He was aged 66 years and the multiplier taken is 5. Hence, 1/3rd to be deducted towards his personal expenses. Loss of dependency comes to Rs.15,500 X 12 X 5 - 1/3rd = Rs.6,20,000/-. The petitioner No.1 is entitled for Rs.44,000/- towards spousal consortium. Also, petitioner nos.2 and 3 entitled for Rs.44,000/- each towards parental consortium. The claimants are also entitled towards conventional heads to an extent of Rs.36,000/-. Further Tribunal granted an amount of Rs.1,31,100/- towards medical bills and this court find no reason to interfere with the same. As the body is shifted from Bangalore to Andhra, tribunal granted Rs.10,000/- towards transportation of the dead body and it is confirmed. - 5 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.8,21,000/- to *9,29,100/- 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 25.01.2025 passed in MVC No.7272/2022 on the file of the MEMBER, MACT, XVI Additional Judge, Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 6,20,000 2 Towards loss of consortium (3 claimants) 1,32,000 3 Conventional heads 36,000 4 Medical Bills 1,31,100 5 Transportation of dead body 10,000 Total *9,29,100 *Corrected vide chamber order dated 7/4/26. - 6 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 Court Of Small Causes, Bengaluru, is modified. iii. The claimants are entitled to a sum of *Rs. 9,29,100/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,21,000/- granted by the tribunal. iv. Respondent/Insurance Company is directed to deposit the enhanced compensation of *Rs.1,08,100/- with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1/the wife of the deceased alone is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 07.01.2026, the delay of 228 days is condoned by this Court on the condition that the claimant will not be entitled for the *Corrected vide chamber order dated 7/4/26. - 7 - HC-KAR NC: 2026:KHC:3842 MFA No. 9662 of 2025 interest in case of enhancement. Hence, respondent /Insurance company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 67