- 1 - HC-KAR NC: 2026:KHC:8505 MFA No. 1134 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1134 OF 2024 (MV-D) BETWEEN: 1. NINGAMMA W/O LATE Y. GANGADHARAIAH, NOW AGED ABOUT 65 YEARS, 2. DHIKSHITH HEGDE Y G S/O LATE Y GANGADHARAIAH, NOW AGED ABOUT 35 YEARS, 3. PUSHPAMALA W/O LATE Y GANGADHARAIAH, NOW AGED ABOUT 61 YEARS, 4. MEGHA HEGDE Y.G D/O LATE Y. GANGADHARAIAH, NOW AGED ABOUT 33 YEARS, 5. MADHU SRI HEGDE Y.G, D/O LATE Y. GANGADHARAIAH, NOW AGED ABOUT 31 YEARS, RESIDING AT SONGOLLIRAYANNA ROAD, 6TH CROSS, GANDHINAGAR, CHALLAKERE TOWN. …APPELLANTS (BY SRI. RANGEGOWDA N.R, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8505 MFA No. 1134 of 2024 AND: 1. VALIBASHA S/O SIRAJUDIIDN, AGED MAJOR, R/O 196, GRASSMANDI, MAIN ROAD, BELLARY. 2. THE MANAGER BHARATHI AXA GENERAL INS COMPANY LTD., NAYANA BUILDING, GROUND FLOOR, BESIDE CORPORATION BANK, MADIPETE, DAVANAGERE. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 06.01.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.01.2022 PASSED IN MVC NO.584/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, CHALLAKERE, 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:8505 MFA No. 1134 of 2024 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 06.01.2022 passed in MVC No.584/2019 on the file of the Senior Civil Judge, JMFC and MACT, Challakere, for enhancing the compensation. 2. Heard the arguments of the 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. The brief facts of the case are that, one Y. Gangadharaiah S/o late Yennappa, met with an accident on 29.12.2018 and died subsequently. His first wife and her son and second wife and her daughters filed petition before the Tribunal for compensation of Rs.24,50,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,04,320/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. - 4 - HC-KAR NC: 2026:KHC:8505 MFA No. 1134 of 2024 4. It is stated that the deceased-Y. Gangadharaiah, was a retired Headmaster and was getting a pension of Rs.20,893/- per month. But the Tribunal has erroneously taken his income as Rs.14,797/- per month. It is further contended that interest is to be granted at the rate of 12% per annum. The amounts granted under the other heads are also meagre. 5. The deceased-Y. Gangadharaiah, was working as a Headmaster and had retired from service. He was aged 68 years. As per Ex.P.12-bank statement, he was getting a pension of Rs.20,893/- per month. But the Tribunal has taken his income as Rs.14,797/-, which was granted to him in the first four months of the retirement. As on the date of the accident, he was receiving a pension of Rs.20,893/-. Therefore, this Court finds it reasonable to take his monthly income at Rs.20,893/-. The deceased was aged 68 years and the applicable multiplier is ‘5’. Petitioner No.2 is the son of petitioner No.1 and petitioner Nos.4 and 5 are the daughters of petitioner No.3. There are five dependents. Hence, 1/4th of the income is to be deducted towards the personal expenses of the deceased. Accordingly, the loss of dependency comes to - 5 - HC-KAR NC: 2026:KHC:8505 MFA No. 1134 of 2024 Rs.9,40,185/- (Rs.20,893 × 12 × 5 - 1/4). Petitioner Nos.1 and 3 are the wives of the deceased, each of them entitled to Rs.40,000/- towards spousal consortium. Petitioner Nos.2, 4 and 5 are the children of the deceased each of them are entitled to Rs.40,000/- towards parental consortium. The petitioners are also entitled to a sum of Rs.30,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.11,70,185/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 9,40,185/- 2 Towards spousal consortium (Rs.40,000/- each to petitioner Nos.1 and 3) 80,000/- 3 Towards parental consortium (Rs.40,000/- each to petitioner Nos.2, 4 and 5) 1,20,000/- 3 Towards conventional heads 30,000/- Total 11,70,185/- - 6 - HC-KAR NC: 2026:KHC:8505 MFA No. 1134 of 2024 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 06.01.2022 passed in MVC No.584/2019 on the file of the Senior Civil Judge, JMFC and MACT, Challakere, is modified. iii. The claimants are entitled to a sum of Rs.11,70,185/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,04,320/- 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.6,65,865/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:8505 MFA No. 1134 of 2024 v. On such deposit, only petitioner Nos.1 and 3 are permitted to withdraw the said amount equally along with interest accrued on the same. vi. On 09.07.2025, the delay of 620 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 88