- 1 - HC-KAR NC: 2026:KHC:23995 MFA No. 2786 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2786 OF 2026 (MV-D) BETWEEN: 1. SMT H P ANITHA W/O LATE T.B. SHIVA SHANKARAPPA, AGED ABOUT 40 YEARS. 2. PRIYANKA S D/O LATE T.B. SHIVA SHANKARAPPA, AGED ABOUT 27 YEARS 3. VINAY S. S/O LATE T.B. SHIVA SHANKARAPPA, AGED ABOUT 24 YEARS ALL ARE R/AT NO.71, NELAMANGALA ROAD, THOTAGERE, DASANAPURA HOBLI, TOTAGERE, GOLLAHALLI, BENGALURU NORTH, BENGALURU - 562123. APPELLANTS (BY SRI. SREENIDHI P..,ADVOCATE) AND: 1. MRS MEENU JAIN W/O MANISH JAIN, NO.321, ADARSH COLONY, DAUDPUR, ALWAR, TMP RASEEDPUR DAUSA RAJ, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23995 MFA No. 2786 of 2026 ALWAR, RAJASTHAN 301001. (RC OWNER OF LORRY BEARING REG. NO.RJ-29-GA-9895). 2. UNITED INDIA INS. CO. LTD., KRISHIBHAVAN 5TH AND 6TH FLOOR, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU 560001. REP. BY THE MANAGER, (INSURER OF THE LORRY BEARING REG. NO.RJ-29-GA-9895 POLICY NO.1417853122P113928769 FROM 31.03.2023 TO 30.03.2024). RESPONDENTS (BY SRI. AN. KRISHNA SWAMY.,ADVOCATE FOR R2; V/O DTD 21.04.2026 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2025 PASSED IN MVC NO.2075/2024 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU CITY (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:23995 MFA No. 2786 of 2026 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 06.09.2025 passed in MVC.No.2075/2024 on the file of the learned XIII Additional Small Causes Judge, ACJM, Court of Small Causes and Member Motor Accident Claims Tribunal (SCCH-15), Bengaluru, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. T.B. Shiva Shankarappa, met with an accident on 16.02.2024 and died subsequently. His wife and children filed the claim petition before the Tribunal for compensation of Rs.60,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.21,59,586/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that T.B. Shiva Shankarappa, was - 4 - HC-KAR NC: 2026:KHC:23995 MFA No. 2786 of 2026 working as a priest in the temple and also working as a driver and earning Rs.35,000/- per month, loss of dependency assessed is on the lower side and the Tribunal granted meager amounts under other heads and interest is to be granted at the higher rate and thus requested for enhancement of compensation. 4. Though it is stated that T.B. Shiva Shankarappa, was earning Rs.35,000/- per month, but the claimants have not filed any income proof. As he met with an accident in the year 2024, the Tribunal has rightly considered his notional income as Rs.16,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority and the said order is confirmed. The Tribunal considered Ex.P14 and taken his age as 50 years and the relevant multiplier is '13'. Considering that the number of dependents as three in number, 1/3rd is to be deducted towards his personal expenses and 25% is to be added towards future prospects. Loss of dependency comes to Rs.16,500/- + 25% X 12 X 13 - 1/3rd =Rs.21,45,000/-. Petitioner No.1 is entitled for an amount of Rs.48,000/- towards spousal consortium. Petitioner Nos.2 and 3 are entitled for an amount of Rs.48,000/- each towards parental consortium. They - 5 - HC-KAR NC: 2026:KHC:23995 MFA No. 2786 of 2026 are also entitled for an amount of Rs.36,000/- towards the conventional heads. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellants-claimants are entitled for a total compensation of Rs.26,94,258/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 06.09.2025 passed in MVC.No.2075/2024 on the file of the learned XIII Additional Small Causes Judge, ACJM, Court of Small Causes and Member Motor Accident Claims Tribunal (SCCH-15), Bengaluru, is modified. Sl.Nos. Particulars Amount in Rs. 1. Towards loss of dependency 21,45,000/- 2. Spousal consortium 48,000/- 3. Parental consortium 96,000/- 4. Towards medical expenses 3,69,258/- 5. Conventional heads 36,000/- Total 26,94,258/- - 6 - HC-KAR NC: 2026:KHC:23995 MFA No. 2786 of 2026 iii. The claimants are entitled to a sum of Rs.26,94,258/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.21,59,586/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.5,34,672/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1 is permitted to withdraw the entire amount along with interest accrued on the same. vi. The claimants are not entitled for interest for delay period of 112 days as per order dated 21.04.2026 passed on IA.No.1/2026. Sd/- (P SREE SUDHA) JUDGE PNV - List No.: 1 Sl No.: 58