- 1 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2862 OF 2025 (MV-D) BETWEEN: 1. PARVATHAMMA S/O LATE MAHALINGAPPA H S NOW AGED ABOUT 56 YEARS R/A HINDISKERE KIBBANAHALLI HOBLI TIPTUR TALUK TUMAKURU DISTRICT 2. NANDEESHA H M S/O LATE MAHLINGAPPA H S NOW AGED 33 YEARS R/A HINDISKERE KIBBANAHALLI HOBLI TIPTUR TALUK TUMAKURU DISTRICT 3. H M MAITHRA W/O SHIVARUDRAIH LATE MAHLINGAPPA NOW AGED ABOUT 42 YEARSE R/A SEETGEPALYA VILLAGE KIBBANAHALLI HOBLI TIPUTUR TALUK TUMAKURU TALUK NOW ALL APPELLANTS ARE R/AT YALLAPURA TUMKURU CITY …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 AND: 1. SURYA KUMAR. K S/O MARIRANGAPPA NOW AGED ABOUT 55 YEARS R/AT NO.1534 6TH ‘C’ MAIN ROAD 1ST CROSS RPA LAYOUT HAMPINAGARA BANGALORE 560040. 2. THE MANAGER UNITED INDIA INS. CO LTD., 143/144 CKN CHAMBERS 1ST MAIN ROAD SESHADRIPURAM BANGALORE 560020 ITS BRANCH OFFICE BY ITS BRANCH OFFICE THE MANAGER UNTIED INDIA INS. CO. LTD., 1ST FLOOR JAYADEVA COMPLEX P B NO.54 B H ROAD TUMAKURU CITY-572 101 …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R2, V/O DTD:06.08.2025, NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 21.12.2024 PASSED IN MVC NO. 334/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 21.12.2024 passed in MVC No.334/2020 on the file of the II Additional Senior Civil Judge and Mact, Tumakuru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant met with an accident on 27.12.2019 and filed claim petition claiming compensation of Rs.35 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.11,11,000/- along with interest at the rate of 6% p.a. from the date of petition till realization. 4. Aggrieved by the said order, they preferred this appeal and contended that Mahalingappa @ Mahalingaiah - 4 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 met with an accident on 27.12.2019 and died subsequently. His wife and children filed a claim petition claiming compensation of Rs.35 lakhs and stated that Mahalingappa was doing agriculture and animal husbandry work and was earning Rs.35,000/- per month. But the tribunal erred in taking his income as Rs.12,500/- which is on lower side and the Tribunal granted meager amounts under the other heads and interest is to be granted more than 6%, which is on lower side. Thus, requested for enhancement of the compensation. 5. Though it is stated that the petitioner was earning Rs.35,000/- per month, claimants have not filed any income proof. As he met with an accident in the year 2019, this court finds it reasonable to take the notional income as Rs.14,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. The deceased was aged 59 years and the relevant multiplier is ‘9’. Considering his age, he is entitled for 10%, towards future prospects as per citation in National - 5 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC 680 and 1/3rd is to be deducted towards personal expenses, as he was married. Therefore, loss of dependency comes to Rs.14,000 + 10% X 12 X 9 - 1/3 = 11,08,800/-. So, first petitioner is entitled for Rs.44,000 towards spousal consortium. Petitioner Nos.2 and 3 are entitled for parental consortium of Rs.44,000/- each and they are also entitled for Rs.33,000/- under the conventional heads. 6. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 11,08,800 2 Towards loss of consortium (3 claimants) 1,32,000 3 Conventional heads 33,000 Total 12,73,800 - 6 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 Hence, the compensation granted by tribunal is enhanced from Rs.11,11,000/- to Rs.12,73,800/- 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 dated 21.12.2024 passed in MVC No. 334/2020 on the file of the II Additional Senior Civil Judge and MACT, Tumakuru, is modified. iii. The claimants are entitled to a sum of Rs.12,73,800/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.11,11,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, - 7 - HC-KAR NC: 2026:KHC:23046 MFA No. 2862 of 2025 respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,62,800/- 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/the wife of the deceased alone is permitted to withdraw the said amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 75