- 1 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1295 OF 2026 (MV-D) BETWEEN: 1. HARISHIYA, W/O LATE ALIM PASHA, AGED ABOUT 36 YEARS, 2. ADIBHA, D/O LATE ALIM PASHA, AGED ABOUT 14 YEARS, MINOR REPRESENTED BY 1 APPELLANT MOTHER HARSHIYA AS NATURAL GUARDIAN. 3. MOHAMMAD SHAHID, S/O LATE ALIM PASHA, AGED ABOUT 14 YEARS, MINOR REPRESENTED BY 1 APPELLANT MOTHER HARSHIYA AS NATURAL GUARDIAN. ALL ARE RESIDING AT OLD ADDRESS: 4TH WARD, BEHIND KALIDASA SCHOOL, GIRINAGARA, KORATAGERE TOWN, KORATAGERE TALUK, TUMKURU DISTRICT - 572 129. ALL ARE RESIDENTS OF ARAKERE VILLAGE, @POST KASABA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 575 101. …APPELLANTS (BY SRI.M.B.RYAKHA, ADVOCATE) Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 AND: 1. NASIR C S, S/O C.M. SALIM, AGED ABOUT 44 YEARS, R/AT SANTHE MAIDANA KUMBARPETE, CHITHRADURGA DISTRICT - 577 501. 2. THE MANAGER, SBI GENERAL INSURANCE CO., LTD., BRANCH OFFICE AT GROUND, AND 1ST FLOOR, RUKMINI TOWERS, M 3-1 PLATFORM ROAD, AND RAILWAY APPROACH ROAD, SHESHADRIPURAM, BENGALURU - 560 020. …RESPONDENTS (BY V/O/D 20.02.2026 NOTICE TO R1 D/W; SRI.MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI.B.PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.09.2025 PASSED IN MVC NO.1261/2022 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT AT TUMAKURU, 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: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988, challenging the common judgment and award dated - 3 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 29.09.2025 passed in MVC.Nos.1261/2022 and 1260/2022. However, MFA.No.1295/2026 is filed against the award passed in MVC.No.1261/2022 by the II Additional Senior Civil Judge and the Motor Accident Claims Tribunal, Tumakuru, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/ Insurance Company. Notice to respondent No.1 is dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Brief facts of the case are that, one Alim Pasha S/o Sab Jan Sab, met with an accident on 15.06.2022 and subsequently died. His wife, children and father filed a claim petition seeking compensation of Rs.50,00,000/-. The Tribunal, after considering the entire oral and documentary evidence on record, granted an amount of Rs.21,82,000/- with interest at the rate of 6% per annum - 4 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 from the date of petition till the date of realization. Being aggrieved by the said order, this appeal is preferred, in which it is mainly contented that Alim Pasha was doing hotel business and earning Rs.40,000/- per month. However, the Tribunal has taken his income as Rs.14,000/- per month, and the amounts granted under the other heads are meagre and therefore, requested for enhancement of compensation. 4. Though it is stated that Alim Pasha was earning Rs.40,000/- per month, the Claimants have not filed any proof of income. The accident occurred in the year 2022. As per the chart prepared by the Karnataka State Legal Services Authority, his notional income is to be taken as Rs.15,500/- per month. The deceased was aged about 44 years. Therefore, the applicable multiplier is '14'. He is entitled for 25% towards future prospects and 1/4th of the income is to be deducted towards his personal expenses. Accordingly, loss of dependency comes to Rs.24,41,250/- (15,500 + 25% x 12 x 14 - 1/4). - 5 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 Petitioner No.1 is wife of the deceased, is entitled to an amount of Rs.44,000/- towards spousal consortium, and petitioner Nos.2 and 3 are the children of the deceased, are entitled to Rs.88,000/- (44,000x2) towards parental consortium. It is brought to the notice of this Court that petitioner No.4-father of the deceased, was aged 70 years at the time of the filling the petition and died on 12.07.2025, prior to the pronouncement of the judgment. Therefore, the claimants are also entitled for Rs.33,000/- under the conventional heads. 5. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 24,41,250/- 2 Towards loss of spousal consortium 44,000/- 3 Towards loss of parental consortium 88,000/- 3 Towards conventional heads 33,000/- Total 26,06,250/- - 6 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.26,06,250/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 29.09.2025 passed in MVC.No.1261/2022 on the file of the II Additional Senior Civil Judge and the Motor Accident Claims Tribunal, Tumakuru, is modified. iii. The claimants are entitled to a sum of Rs.26,06,250/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.21,82,000/- granted by the tribunal. - 7 - HC-KAR NC: 2026:KHC:14548 MFA No. 1295 of 2026 iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.4,24,250/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1-wife of the deceased is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE KVR List No.: 1 Sl No.: 57