- 1 - HC-KAR NC: 2026:KHC:8507 MFA No. 8004 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8004 OF 2016 (MV-D) BETWEEN: 1. SMT. MALLAMMA W/O ERAPPA KANCHIKERE @ ERAPPA @ VEERESHAPPA AGED ABOUT 33 YEARS, HOUSEHOLD WORK 2. SRI. ERAPPA KANCHIKERE @ ERAPPA @ VEERESHAPPA S/O ERAPPA KANCHIKERE AGED ABOUT 38 YEARS BOTH ARE R/O DODDABUDIHAL VILLAGE DAVANGERE - 577 022. …APPELLANTS (BY SRI. SREE HARSHA A.K, ADVOCATE) AND: 1. SRI. NATARAJ M S/O MALLAPPA HALAPPA AGED 31 YEARS, R/O DOOR NO.4 YADEHALLI VILLAGE, HARAPANAHALLI TALUK DAVANGERE DIST - 583 137 (DRIVER & OWNER OF VEHICLE BEARING Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8507 MFA No. 8004 of 2016 REG NO.KA-17/B/7666) 2. NATIONAL INSURANCE COM LTD., REP BY ITS MANAGER, MELAGIRI PLAZA, DENTAL COLLEGE ROAD, MCC 'B' BLOCK DAVANGERE - 577 002. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 28.07.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.09.2016 PASSED IN MVC NO.323/15 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT-4, DAVANAGERE, 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 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 21.09.2016 passed in MVC No.323/2015 on the file of the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:8507 MFA No. 8004 of 2016 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that, one V. Jagadeesh, aged 14 years met with an accident on 09.07.2014. His parents filed petition before the Tribunal for compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,49,093/- with interest at the rate of 8% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the claimants have incurred medical expenses of Rs.3,50,000/-. But the Tribunal has granted only a sum of Rs.1,59,093/- towards medical expenses, which is meagre amount. At the time of the accident, the insurance policy was in force and the driver of the offending vehicle was holding a valid LMV driving licence. But the Tribunal fixed the liability on the owner of the offending vehicle on the ground that there was a violation of the terms and conditions of the - 4 - HC-KAR NC: 2026:KHC:8507 MFA No. 8004 of 2016 policy and the driver was not having valid driving licence. Since the claimants are third parties, he requested this Court to direct the Insurance Company to pay the compensation amount and thereafter recover the same from the owner of the offending vehicle. It is also prayed that the rate of interest be enhanced from 9% to 12% per annum. 5. Learned counsel for respondent No.2/Insurance Company relied upon the judgment of this Court in MFA No.7795/2016 dated 21.04.2021, wherein it was held that the owner was exonerated from liability and the Insurance Company alone was held liable and directed to deposit the compensation amount. Therefore, it is held that even in the present case also the Insurance Company is liable to deposit the compensation amount. The deceased was aged 14 years at the time of the accident, this Court finds it reasonable to take his income in accordance with the minimum wages pertaining to year 2014, i.e., Rs.5,000/- per month. The mother of the deceased was aged 33 years. Accordingly, the applicable multiplier is ‘16’. Therefore, the loss of dependency comes to Rs.9,60,000/- (5,000x12x16). The petitioners are parents of - 5 - HC-KAR NC: 2026:KHC:8507 MFA No. 8004 of 2016 the deceased. Hence, each of them are entitled to a sum of Rs.40,000/- towards loss of filial consortium. They are also entitled for a sum of Rs.30,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.10,70,000/- 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. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 9,60,000/- 2 Towards filial consortium 80,000/- 3 Towards conventional heads 30,000/- Total 10,70,000/- - 6 - HC-KAR NC: 2026:KHC:8507 MFA No. 8004 of 2016 ii. The judgment and award dated 21.09.2016 passed in MVC No.323/2015 on the file of the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, is modified. iii. The claimants are entitled to a sum of Rs.10,70,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.7,49,093 /- granted by the tribunal. iv. The respondent No.2/Insurance Company is directed to deposit the compensation of Rs.10,70,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, both the petitioners are permitted to withdraw the entire amount along with interest accrued on the same equally. Sd/- (P SREE SUDHA) JUDGE AMA/List No.: 1 Sl No.: 84