- 1 - HC-KAR NC: 2026:KHC-D:1178 MFA No. 101103 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101103 OF 2024 (MV-D) BETWEEN: 1. SMT. SHOBHA W/O. MALLESHAPPA HARIJAN, AGE. 28 YEARS, OCC. HOUSEHOLD WORK, 2. KUM. MAINA D/O. MALLESH @ MALLESHAPPA HARIJAN, AGE. 7 YEARS, OCC. STUDENT, (BY HER M/G NATURAL MOTHER APPELLANT-1) BOTH R/O. AMBEDKAR ONI, HALASUR, TQ. SAVANUR, NOW @ AMBEDKAR NAGAR, RANEBENNUR, DIST. HAVERI-581202. …APPELLANTS (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. MR. PAKKIRAYYA S/O. MANJAYYASWAMI KARAYANNAVARAMATH, AGE. MAJOR, OCC. BUSINESS, R/O. BEGUR VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD. (OWNER OF THE INDIA CAR BEARING REG. NO.KA.05/MM-7499) Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1178 MFA No. 101103 of 2024 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., ARIHANTA PLAZA, 2ND FLOOR, KUSUGAL ROAD, KESHWAPUR, HUBLI-580023. 3. GANGAVVA W/O. GURAPPA HARIJAN, AGE. 66 YEARS, OCC. HOUSE HOLD WORK, R/O. HALASUR, @ HOSA-HALASUR, TQ. SAVANUR, DIST. HAVERI-581202. …RESPONDENTS (BY SRI. MADHUKESHWAR A.DESHPANDE, ADVOCATE FOR R2; SRI. B.M. PATIL, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 05.10.2023 PASSED IN M.V.C. NO.269/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1178 MFA No. 101103 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC No.269/2022 dated 05.10.2023 by the Principal Senior Civil Judge and Addl. MACT, Ranebennur, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation for the death of the deceased in the road traffic accident that occurred on 02.11.2022. The claimants are the wife and daughter and the mother is the respondent. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 26,43,264/- 2. Loss of estate : Rs. 15,000/- 3. Funeral expenses : Rs. 15,000/- 4. Loss of consortium : Rs. 40,000/- 5. Loss of love and affection : Rs. 30,000/- TOTAL : Rs. 27,43,264/- 3. Learned counsel appearing for the appellants/claimants submits that as far as loss of dependency is concerned, they are not aggrieved by the same. However, insofar as loss of consortium is concerned, reasonable amount is not awarded. He further submits that the Tribunal apportioned - 4 - HC-KAR NC: 2026:KHC-D:1178 MFA No. 101103 of 2024 the compensation amount as 40% to the unmarried daughter, 30% to the wife and 30% to the mother, which is unreasonable and the same requires to be modified. 4. Learned counsel appearing for the respondent/mother submits that the Tribunal has rightly considered and granted the compensation, hence, no interference is called for. 5. The learned counsel appearing for the insurance company also submits that no interference is warranted with the well-considered order. 6. Having heard the learned counsels on either side, perused the material on record. As far as loss of dependency is concerned, there is no dispute. Then coming to the loss of consortium, as there are three dependants, the claimants are entitled to an amount of Rs.1,44,000/- (Rs.48,000x3). This Court is granting an amount of Rs.36,000/- towards funeral expenses. 7. In the light of the law laid down by the Hon'ble Apex Court in the case of V.Mekala Vs. M. Malathi And Another1, 1 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2026:KHC-D:1178 MFA No. 101103 of 2024 the claimants would be entitled for an amount of Rs.10,000/- towards Legal Expenses. 8. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 26,43,264/- 26,43,264/- 2. Funeral expenses and loss of estate : Rs. 30,000/- (15,000 +15,000) 36,000/- 3. Loss of consortium : Rs. 40,000/- ] 1,44,000/- 4. Legal expenses : Rs. 00/- 10,000/- 5. Loss of love and affection : Rs. 30,000/- 00/- TOTAL : Rs. 27,43,264/- 28,33,264/- 9. Altogether, the claimants are entitled for an amount of Rs.28,33,264/-. 10. When it comes to the apportionment, considering the fact that the claimant No.2 is an unmarried daughter, this Court deems it appropriate to apportion the compensation amount as 30% to the wife, 45% to the unmarried daughter and 25% to the mother. 11. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.27,43,264/- to Rs.28,33,264/-. - 6 - HC-KAR NC: 2026:KHC-D:1178 MFA No. 101103 of 2024 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. iii. The compensation amount shall be apportioned as 30% to the wife, 45% to the unmarried daughter and 25% to the mother. iv.Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v.No costs. vi.Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT:UMD List No.: 2 Sl No.: 37