- 1 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.733 OF 2026 (MV-D) BETWEEN: 1. SRI KRISHNAPPA S, S/O. LATE. SAMPANGIRAMAIAH, AGED ABOUT 45 YEARS, R/O. NO.124, MARIYAMMA STREET, INDLAWADI, INDLAWADI, ANEKAL TALUK, BENGALURU - 562 106. 2. SMT. MARIYAMMA S, D/O. LATE. SAMPANGIRAMAIAH, AGED ABOUT 39 YEARS, R/O. NO.83, KELAGINA STREET, INDLAWADI, INDLAWADI, ANEKAL TALUK, BENGALURU - 562 106. 3. SMT. MUNIRATHNAMMA, D/O. SAMPANGIRAMAIAH, AGED ABOUT 37 YEARS, R/O. E-261, BENACCHAKALLU GUTTI, BHEEMANAKUPPE, RAMOHALLI, BENGALURU - 562 106. …APPELLANTS (BY SRI. SREENIDHI P., ADVOCATE) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 AND: 1. ICICI LOMBARD MOTOR INS.CO.LTD., REP. BY ITS MANAGER, NO.89, SVR COMPLEX, 2ND FLOOR, NEAR AYYAPPA TEMPLE, HOSUR MAIN ROAD, MADIWALA, BENGALURU - 560 068. (INSURER OF LORRY BEARING REG. NO. KA-59-3839) 2. M/S. ANVIY ENTERPRISES, BY ITS MANAGER, NO.337/2, SHOP NO.10 AND 11, CHANDRA SHEKAR REDDY BUILDING, MARASUR VILLAGE AND POST, ANEKAL TALUK, BENGALURU - 560 106. (R.C.OWNER OF LORRY BEARING REG. NO. KA-59-3839) …RESPONDENTS (BY SRI. A N KRISHNA SWAMY, ADVOCATE; V/O/D/ 31.01.2026 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2025 PASSED IN MVC NO. 4770/2023 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. A common award was passed by the VIII Additional Judge, Court of Small Causes of ACJM, Bengaluru in MVC.Nos.4771/2023, 4772/2023 and 7770/2023 dated 06.02.2025. (hereinafter referred to as 'the Tribunal'). This appeal arises out of MVC No.4770/2023, seeking for enhancement of compensation. 3. One Smt.Lingamma alias Ningamma met with an accident on 11.05.2023 and subsequently died. Her children filed a claim petition claiming compensation Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,00,020/- with interest at the rate of 6% per annum from the rate of petition till realization. 4. Aggrieved by the said award, the claimants preferred this appeal and mainly contended that they had incurred Rs.50,000/- towards funeral expenses. The - 4 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 deceased was aged 55 years, employed in housekeeping work and earning Rs.15,000/- per month. The first appellant is son and second and third appellants are daughters of the deceased. It is further contended that the Tribunal did not properly consider the income of the deceased and awarded inadequate compensation and thus requested for enhancement and also interest at the rate of 12% per annum. 5. Learned counsel of the respondent submitted that the Tribunal had rightly considered all relevant aspects and granted reasonable compensation, which does not call for any interference. 6. Although it is stated that Lingamma was earning Rs.15,000/- per month, no documentary evidence has been produced to substantiate her income. As the accident occurred in the year 2023, her notional income is taken at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. Learned counsel for the Insurance Company contended that she - 5 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 herself has stated that she is getting Rs.15,000/- per month and thus, her income is to be taken as Rs.15,000/- only. Whenever there is no income proof, this Court is relying on the chart as it is beneficiary legislation, this Court finds it reasonable to take her notional income as Rs.16,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 67 years at the time of the accident, and the applicable multiplier is '5'. Being above 60 years of age, she is not entitled to any future prospectus. One-third of the income is to be deducted towards personal expenses. Accordingly, the loss of dependency is calculated to Rs.16,000/-X12X5-1/3rd=Rs.6,40,000/-. 7. Appellants Nos.1 to 3, being the children of the deceased, are entitled to compensation for loss of parental consortium. Each child is awarded Rs.48,000/-, which amount to a total of Rs.48,000x3=1,44,000. In addition, they are also entitled for Rs.36,000/- under conventional heads. - 6 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 8. Thus, the compensation awarded by this Court is as follows: 9. In summary, the appellants/claimants are entitled to a total compensation of Rs.8,20,000/- as against to Rs.7,00,020/- awarded by the Tribunal. The enhanced compensation amounts to Rs.1,19,980/-. To this extent, the award passed by the Tribunal is modified. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 06.02.2025 passed in MVC No.4770/2023, by the VIII Particulars Amount in Rs. Loss of dependency 6,40,000.00 Loss of parental consortium (Rs.48,000 x 3 dependency) 1,44,000.00 Conventional heads 36.000.00 Total 8,20,000.00 - 7 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 Additional Judge, Court of Small Causes of ACJM, Bengaluru, is hereby modified; iii. The Insurance Company has already deposited the amount awarded by the Tribunal. Therefore, Respondent No.1 is directed to deposit the enhanced compensation of Rs.1,19,980/- with interest 6% p.a. from the date of petition till its realization. iv. The appellants-claimants are entitled to enhanced compensation of Rs.1,19,980/- (Rs.8,20,000/- minus Rs.7,00,020/-). v. Respondent No.1-Insurance Company is directed to deposit enhanced compensation of Rs.1,19,980/- along with interest at the rate of 6% p.a. within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:11687 MFA No. 733 of 2026 vi. On such deposit, all the appellants/claimants are permitted to withdraw the amount equally. vii. As per the order in I.A.No.1/2026 dated 31.01.2026, claimants/appellants are not entitled for interest for delay period. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 57