- 1 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2262 OF 2024 (MV-D) BETWEEN: 1. SMT. JYOTHI A B W/O LATE AMARESH H N, AGED ABOUT 36 YEARS, 2. MASTER VARUN GOWDA H A S/O LATE AMARESH H N, AGED ABOUT 14 YEARS, , 3. KUM BINDU SHREE H A D/O LATE AMARESH H N, AGED ABOUT 17 YEARS, SINCE PETITIONER NO.2 AND 3 ARE MINORS THEY ARE REP. BY THEIR NATURAL GUARDIAN MOTHER (SMT. JYOTHI A B) 4. SMT JAYAMMA W/O LATE NAGARAJU H L, AGED ABOUT 69 YEARS, ALL ARE RESIDING R/AT HARIHARA VILLAGE, SATNUR HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562 126. …APPELLANTS (BY SRI. TEJAS N., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 of 2024 AND: 1. SRI SHIVA .R S/O RAMAPPA, AGED MAJOR, R/AT MUSTOOR VILLAGE, CHIKKABALLAPURA KARNATAKA-562 101. (OWNER OF THE PULSAR VEHICLE BEARING REG NO.KA-43-L-9621) 2. THE MANAGER ROYAL SUNDARAM GENERAL INS.CO.LTD., NO.30, 3RD FLOOR, JR CITY CENTER, HOTEL IBS COMPLEX, OPP. KANTEERVA STADIUM, RAJARAM MOHAN ROY ROAD, S R NAGARA, BENGALURU-560 027. (POLICY NO.VMC0188159000100 VALID FROM 21.07.2021 TO 20.07.2020) …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2, V/O DATED 28.07.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2024 PASSED IN MVC NO. 2636/2022 ON THE FILE OF THE JUDGE, SMALL CAUSES, ACMM AND MACT, BENGALURU (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 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 26.02.2024 passed in MVC No.2636/2022 on the file of the Judge, Small Causes, ACMM and MACT, Bengaluru, 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. Amaresh H.N., s/o late Nagaraju H.L., met with an accident on 25.03.2022 and died subsequently. His wife, children and mother filed claim petition, claiming compensation of Rs.50,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.28,70,782/- along with interest at the rate of 6% p.a., from the date of petition till realisation. - 4 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 of 2024 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he was working in Production Department in Karnataka Engineering Works and earning Rs.25,000/- per month and filed Exs.P14 to Ex.P15 and he is entitled for 30% towards future prospects and the amounts granted under the other heads are meager, and interest is to be granted at the rate of 12% and thus requested for enhancement of the compensation. 5. Learned counsel for petitioners stated that the deceased was working in the production department of Karnataka Engineering Works and earning Rs.25,000/- per month and the petitioners had filed his pay slips for 7 months under Ex.P14 from December 2021 to March 2022 and also filed Ex.P15 account statement for the period 01.12.2021 to 31.03.2022. The average income after deduction of the professional tax is to be taken as Rs.19,356/- per month. He was aged 46 years and the relevant multiplier is 13. It is not stated specifically that - 5 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 of 2024 he is working in a Government Department as a permanent employee. Therefore, he is entitled for 25% towards future prospects and 1/4th is to be deducted towards personal expenses. Hence, petitioner is entitled for 25% towards future prospects as per National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. Loss of dependency comes to Rs.19,356 + 25% x 12 x 13 - 1/4 = Rs.28,30,815/-. The first petitioner is entitled for Rs.44,000/- towards spousal consortium. Petitioner Nos.2 and 3 are entitled for Rs.44,000/- by each of them towards parental consortium and petitioner No.4 is entitled for Rs.44,000/- towards filial consortium and they are also entitled for Rs.33,000/- under the conventional head. 6. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.28,70,782/- to Rs.30,39,815/- 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 26.02.2024 passed in MVC No.2636/2022 on the file of the Judge, Small Causes, ACMM and MACT, Bengaluru, is modified. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 28,30,815 2 Towards loss of consortium 1,76,000 3 Conventional heads 33,000 Total 30,39,815 - 7 - HC-KAR NC: 2026:KHC:20550 MFA No. 2262 of 2024 iii. The claimants are entitled for a sum of Rs.30,39,815/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.28,70,782/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,69,033/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner/wife of the deceased 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.: 74