- 1 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7001 OF 2024 (MV-D) BETWEEN: 1. SMT MUJUBUNNISA, W/O. LATE MOHAMMAD FAIYAZ, AGED ABOUT 58 YEARS, 2. ILIYAZ PASHA, S/O. LATE MOHAMMAD FAIYAZ, AGED ABOUT 35 YEARS 3. IMTAYAZA PASHA, S/O. LATE MOHAMMAD FAIYAZ, AGED ABOUT 33 YEARS ALL ARE RESIDING AT: NO.1199, MASIDI ROAD, MATADA BEEDI, KOTE, CHANNAPATNA TOWN, RAMANAGARA DISTRICT. …APPELLANTS (BY SRI. RAJU S, ADVOCATE) AND: 1. ABDUL JALEELA, S/O. ABDUL RAHIM, AGED ABOUT 33 YEARS, R/AT: NO.400/1, SYEDWADI, M.M. ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 2. THE NEW INDIA INSURANCE COMPANY LIMITED, NO. 22414/4, GIRIYAMMA SHABHUGOWDA COMPLEX, CHURCH ROAD, CHANNAPATNA - 562 160. …RESPONDENTS (BY SRI. M.P. SRIKANTH, ADVOCATE FOR RESPONDENT NO.2 VIDE ORDER DATED 23.03.2026 NOTICE TO RESPONDENT NO.1 - D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2024 PASSED IN MVC NO. 56/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 13.06.2024 passed in MVC No.56/2021 on the file of the learned Senior Civil Judge and JMFC, Additional MACT, Channapatna, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and the learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. Brief facts of the case are that, Sri. Naheem S/o Late. Mohammad Faiyaz, met with an accident on 01.12.2020 and died subsequently. His mother and brothers filed a claim petition claiming compensation of Rs.50,00,000/-. The Tribunal, considering the entire oral and documentary evidence on record awarded a sum of Rs.21,40,600/- with interest at the rate of 6% per annum - 4 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 from the date of petition till its realisation. Being aggrieved by the said order, the claimants have preferred this appeal. 4. It is stated that Naheem was doing doll making work and earning Rs.30,000/- per month. But the Tribunal erred in taking his monthly income at only Rs.14,500/-. The compensation awarded by the Tribunal under the other heads are meagre. Therefore, requested for enhancement of the compensation. 5. Though it is contended that Naheem was earning Rs.30,000/- per month, the claimants have not filed any income proof. As he met with an accident in the year 2020, the Tribunal has rightly considered the notional income as Rs.14,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. The deceased was aged 26 years as per the post mortem report and is entitled for 40% towards future prospects and 50% has to be deducted towards personal expenses. The applicable multiplier is ‘17’. The Tribunal has rightly - 5 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 granted loss of dependency as Rs.20,70,600/- (Rs.14,500 + 40% × 12 × 17 - 50%). Petitioner No.1 is entitled to Rs.44,000/- towards filial consortium, and Rs.33,000/- is to be granted under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants/claimants are entitled to a total compensation of Rs.21,47,600/- along with interest at the rate of 6% per annum. 8. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 20,70,600 2 Towards filial consortium to petitioner No.1 44,000 3 Towards Conventional Heads 33,000 Total 21,47,600 - 6 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 ORDER i) Appeal is allowed in part. ii) The judgment and award dated 13.06.2024 passed in MVC No.56/2021 on the file of the learned Senior Civil Judge and JMFC, Additional MACT, Channapatna is modified. iii) The claimants are entitled to a sum of Rs.21,47,600/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.21,40,600/- granted by the Tribunal. iv) Respondent No.2/Insurance Company has already deposited the awarded amount Rs.21,40,600/- before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.7,000/- along with the interest at the - 7 - HC-KAR NC: 2026:KHC:16189 MFA No. 7001 of 2024 rate of 6% within one month from the date of this order. V) On such deposit, petitioner No.1-mother of the deceased is permitted to withdraw the entire amount along with the interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 6