- 1 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1074 OF 2025 (MV-D) BETWEEN: 1. MAHENDRA, S/O LATE MALLEGOWDA AGED ABOUT 58 YEARS, R/AT H.R.P VADDARAHALLI VILLAGE, KASABA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. 2. INDRAMMA, W/O MAHENDRA, AGED ABOUT 54 YEARS, R/AT H.R.P VADDARAHALLI VILLAGE, KASABA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRY, ADVOCATE) AND: 1. MANU V S, S/O SANNEGOWDA, MAJOR, R/O VADDARAHALLI VILLAGE, KASABA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 2. THE MANAGER, CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD., GOLDEN HEIGHT COMPLEX, 4TH 'M' BLOCK, RAJAJINAGARA, BENGALURU - 560 010. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R2; VIDE ORDER DATED 16.03.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.08.2024 PASSED IN MVC NO.828/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARAKALAGUD, 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 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 05.08.2024 passed in MVC No.828/2023, by the Court of the Senior Civil Judge and Motor Accident Claims Tribunal, Arakalagud, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 2. Heard the arguments of learned counsel for respondent No.2 and learned counsel for the appellants. 3. Brief facts of the case are that, Sri. Lokesha, met with an accident on 02.04.2023. His parents filed claim application claiming compensation of Rs.30,55,000/-. The Tribunal considering the entire evidence on record granted Rs.16,40,800/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. It is contended that the deceased-Lokehsa, was earning Rs.25,000/- p.m. Due to his untimely death, the petitioners have suffered loss of dependency and affection. The vehicle was duly insured with respondent No.2 and the policy was in force. However, his monthly income has been wrongly assessed. It is submitted that the deceased Lokesha was doing shamiyana work, agriculture work, animal husbandry and earning Rs.25,000/- per month. - 4 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 Further, the Tribunal has committed an error in considering the monthly income of the deceased by keeping in mind the year of accident and occupation and also awarded very meagre compensation under conventional heads. Therefore, the appellants have requested for enhancement of compensation. 5. The deceased-Lokesha was aged about 30 years and the multiplier is to be taken as ‘17’. Though the appellants have stated that the deceased was earning Rs.25,000/- per month, they have not filed a single document to prove his income. Since the accident occurred on 02.04.2023 , this Court finds it reasonable to take his notional income as Rs.16,000/- per month, as per the guidelines issued by Karnataka State Legal Services Authority. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1 40% is to be added towards future prospectus and as per the guidelines of the Hon’ble 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation2, 50% is to be deducted towards personal expenses. Accordingly, the 'loss of dependency' come to Rs.22,84,800/- (16,000 + 40% - 50% X 12 X 17). Petitioner Nos.1 and 2 being the parents of deceased, is entitled to Rs.48,000/- each under the head 'filial consortium' that comes to Rs.96,000/- '. Apart from that, the appellants are also entitled for Rs.36,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. 6. Thus in all, components awarded by this Court are as below, 2 (2009) 6 SCC 121 Particulars Amount in Rs. Loss of dependency 22,84,800.00 Loss of consortium 96,000.00 Conventional heads 36,000.00 Total 24,16,800.00 - 6 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 7. Compensation is enhanced from Rs.16,40,800/- to Rs.24,16,800/- and the enhanced compensation is Rs.7,76,000/-, which carries interest at the rate of 6% per annum. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 05.08.2024 passed in MVC No.828/2023, by the Court of the Senior Civil Judge and Motor Accident Claims Tribunal, Arakalagud, is modified; iii. Respondent No.2 is directed to deposit the compensation of Rs.7,76,000/- with interest at the rate of 6% per annum within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:15508 MFA No. 1074 of 2025 iv. On such deposit, appellant Nos.1 and 2 are permitted to withdraw the entire compensation with interest accrued on it, equally. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 6