- 1 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 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.101050 OF 2021 (MV-D) BETWEEN: 1. SRI. HANUMANTAPPA S/O. GURUBASAPPA CHALAGERI, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. HIREBIDARI, TQ. RANEBENNUR, DIST. HAVERI. 2. SMT. MALLAMMA W/O. HANUMANTAPPA CHALAGERI, AGE. 52 YEARS, OCC. HOUSEHOLD WORK, R/O. HIREBIDARI, TQ. RANEBENNUR, DIST. HAVERI. …APPELLANTS (BY SRI. ANJANEYA M., ADVOCATE) AND: 1. SRI. SHIDDAPPA S/O. KARIYAPPA AGE. MAJOR, OC. BUSINESS, R/O. INGALAGONDI, TQ. HARIHAR, DIST. DAVANAGERE-577601. 2. THE MANAGER, STATE BANK OF INDIA, HARIHAR, DIST. DAVANAGERE-577002. 3. SRI. BETTAPPA S/O. SHIVAPPA MALLAPUR, AGE. MAJOR, OCC. AGRICULTURE, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 R/O. HIREBIDARI, TQ. RANEBENNUR, DIST. HAVERI-581115. 4. SRI. BHARAMAPPA S/O. BHARAMAPPA HORAKERI, AGE. MAJOR, OCC. AGRICULTURE, R/O. HIREBIDARI, TQ. RANEBENNUR, DIST. HAVERI-581115. 5. NAGARAJ S/O. ANNAPPA NANDER, AGE. MAJOR, OCC. DRIVER, R/O. HIREBIDARI, TQ. RANEBENNUR, DIST. HAVERI-581115. …RESPONDENTS (BY SRI. VIJAY S.CHINIWAR, ADVOCATE FOR R2; NOTICE TO R1 AND R3 TO R5 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND ENHANCED THE COMPENSATION IN THE JUDGMENT AND AWARD DATED 02.01.2020 PASSED IN MVC NO.878/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC No.878/2014 dated 02.01.2020 by the II Additional Senior Civil Judge and Additional M.A.C.T., Ranebennur (hereinafter referred to as ‘the Tribunal’ for short), 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 Shivanand in the road traffic accident that took place on 25.05.2014. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 9,07,200/- 2. Loss of estate : Rs. 15,000/- 3. Funeral expenses : Rs. 15,000/- 4. Loss of consortium : Rs. 80,000/- TOTAL : Rs. 10,17,200/- 3. Further, the Tribunal held that the owner alone is liable to pay the compensation. 4. Learned counsel appearing for the appellants/claimants submits that, the claimants are before this - 4 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 Court seeking enhancement of the compensation. It is submitted that, the accident had taken place in the year 2014, but the Court had taken the income of the deceased at Rs.6,000/- per month instead of Rs.7,500/-. It is submitted that on all the other conventional heads also, the compensation that is awarded by the Tribunal is not just and reasonable. 5. Though notices are served on respondent No.4/owner of the vehicle, there is no representation and no Vakalath is filed. 6. Learned counsel appearing for respondent No.2/Bank submits that, the Bank has no liability. 7. The aaccident had taken place in the year 2014. Hence, this Court, as per the chart prepared by the Karnataka State Legal Services Authority is taking the notional income of the deceased at Rs.7,500/- per month. As the deceased was aged 20 years at the time of the accident, future prospects has to be added at 40%, which comes to Rs.3,000/-. Then the income of the deceased comes to Rs.10,500/-. As he is a bachelor, 50% has to be deducted towards personal expenses, which comes to Rs.5,250/-. Then his contribution to the family - 5 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 would be Rs.5,250/- per month. Accordingly, the claimants are entitled to an amount of Rs.11,34,000/- (Rs.5,250 x 12 x 18) under the head of loss of dependency. Then coming to the loss of consortium, the claimants are entitled to Rs.96,000/- (Rs.48,000 x 2). This Court is granting an amount of Rs.36,000/- towards funeral expenses. 8. 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, the claimants would be entitled for an amount of Rs.10,000/- towards Legal Expenses. 9. 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. 9,07,200/- 11,34,000/- 2. Funeral expenses and loss of estate : Rs. 30,000/- (15,000 +15,000) 36,000/- 3. Loss of consortium : Rs. 80,000/- 96,000/- 4. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 10,17,200/- 12,76,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 10. Altogether, the claimants are entitled for an amount of Rs.12,76,000/-. 11. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.10,17,200/- to Rs.12,76,000/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.4 – owner shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. 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. - 7 - HC-KAR NC: 2026:KHC-D:1152 MFA No. 101050 of 2021 vi.Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 2 Sl No.: 13