- 1 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101004 OF 2021 (MV-D) BETWEEN: 1. SMT. PARVATHAMMA H W/O. VEERABHADRAPPA HADAPADA, AGE. 42 YEARS, OCC. HOME MAKER, 2. SRI. VEERABHADRAPPA HADAPADA S/O. BHIMANNA AGE. 51 YEARS, OCC. AGRICULTURE, BOTH ARE RESIDENTS OF 1/153, JANATHA COLONY SIRIGERI, TQ. SIRUGUPPA NOW RESIDING AT KAPPAGAL ROAD, BEECHI NAGAR, BALLARI-583101. …APPELLANTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI. ABDUL RAZAK S/O. MURKTUZA SAB, AGE. 41 YEARS, OCC. DRIVER OF THE BUS KA-16/B 9198, R/O. MARIAMMANAHALLI VILLAGE, TQ. HOSAPETE, DIST. BALLARI-583201. 2. SRI. LINGA REDDY B.A. S/O. LATE ANANTHAREDDY, PROPRIETOR SRE TRAVELS, HOP ROAD, CHITRADURGA-577501, Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 OWNER OF BUS KA-16/B 9198. 3. THE BRANCH MANAGER, IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., OPPOSITE TO OLD KSRTC BUS STAND, DOUBLE ROAD, BALLARI-583101. 4. SRI. VEERANA GOUDA R. S/O. MALLANA GOUDA R., OWNER OF THE MAXI CAB KA-34/B 9143, R/O. KUVEMPU NAGAR, BALLARI-583201. 5. THE BRANCH MANAGER, M/S. CHOLAMANDALAM GENERAL INSURANCE CO. LTD., UPSTAIRS OF 24 HOURS NEW BHARATHI MEDICAL STORES, DOUBLE ROAD, BALLARI-583101. 6. SRI. MOHAMMED HUSSAIN S/O. BABU MIYA, AGE. 35 YEARS, OCC. DRIVER OF THE BUS KA-36/F-1319, R/O. GOGEPETE-585309, TQ. SHAHAPUR, DIST. YADAGIRI-585309. 7. THE DIVISIONAL CONTROLLER, NEKRTC, RAICHUR DIVISION, RAICHUR-584101. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADV. FOR R3(APPEARED THROUGH VC); SRI. S.K. KAYAKMATH, ADVOCATE FOR R5; NOTICE TO R1, R2, R4, R6 AND R7 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.07.2019 PASSED IN MVC NO.845/2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY ALLOWING THE APPEAL. - 3 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.845/2016 dated 31.07.2019 by the II Additional District and Sessions Judge & Member, MACT-XII, Ballari, the appellants/claimants are before this Court seeking enhancement of the compensation. 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 13,60,800/- 2. Loss of estate : Rs. 15,000/- 3. Transportation of dead body for performing funeral and obsequies ceremony : Rs. 15,000/- TOTAL : Rs. 13,90,800/- 3. When it comes to the liability, the Tribunal had observed that the offending vehicles involved in the accident in question belonging to respondent Nos.2 and 4 respectively and they have - 4 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 also admitted the fact that the offending vehicles in question as on the date of the accident and the said vehicles are insured with respondent Nos.3 and 5 respectively. The Tribunal had fixed liability on the respondent No.3 at 40% and respondent No.5 at 60%. The Insurance Companies have not filed any appeal. 4. Learned counsel appearing for the appellants/claimants submits that the deceased was aged about 20 years and she was pursuing B.Com first year. The Tribunal had taken the income at Rs.9,000/- per month and it ought to have taken the income at Rs.15,000/-. It is further submitted that under the conventional heads, the amount that is awarded by the Tribunal is not just unreasonable. It is the contention of the learned counsel for the appellants that the Hon'ble Apex Court in case of National Insurance Co. Ltd. Vs. Pranay Sethi1, had observed that the amount quantified should be enhanced on percentage basis every 3 years and the enhancement should be at the rate of 10% towards the conventional heads. It is submitted that the judgment is dated 31.10.2017 and by 2026, it would be 9 years. As such, 30% enhancement has to be considered. 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 5. Learned counsel appearing for respondent Nos.3 and 5/ Insurance Companies submits that the Tribunal had granted reasonable compensation and the claimants are not entitled for any enhancement. Further, the judgment is of the year October 2017, whereas 30% enhancement can be considered only after 31.10.2026 and now it cannot be considered as 30%. 6. Having heard the learned counsels on either side, perused the entire material on record. As far as loss of dependency is concerned, the claimants have produced PUC certificate of the deceased before the Tribunal. Hence, the Tribunal had taken the income of the deceased at Rs.9,000/- and this Court do not find any reasons to interfere with the same. Hence, under the head of loss of dependency, the Tribunal had rightly granted an amount of Rs.13,60,800/- and this Court is not interfering with the same. Coming to the other heads, as rightly argued by the learned counsel for the appellants, as per the judgment in Pranay Sethi’s case referred supra is dated 31.10.2017 and every 3 years, the amounts under the conventional heads has to be enhanced at the rate of 10%, according to the appellants, there has to be 30% enhancement - 6 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 till 2026. As it is January 2026, this Court is inclined to consider 20% enhancement. Towards loss of consortium, this Court is granting an amount of Rs.96,000/- (Rs.48,000x2). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 13,60,800/- 13,60,800/- 2. Loss of estate : Rs. 15,000/- 00/- 3. Loss of consortium : Rs. 00/- 96,000/- 4. Funeral expenses : Rs. 15,000/- 36,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 13,90,800/- 15,02,800/- 2 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 9. Altogether, the claimants are entitled for an amount of Rs.15,02,800/-. 10. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.13,90,800/- to Rs.15,02,800/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent No.3 liability is 40% of the amount and respondent No.5 liability is 60% of the amount, they shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the amount as per the award. iv. The Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v. On 20.09.2021, the delay of 365 days is condoned by this Court, on the condition that the claimants - 8 - HC-KAR NC: 2026:KHC-D:773 MFA No. 101004 of 2021 will not be entitled for the interest, in case of enhancement. Hence, Insurance Companies are not liable to pay the interest for the delayed period. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 17