- 1 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5385 OF 2024 (MV-D) BETWEEN: 1. MR VENKATESH AGED ABOUT 55 YEARS, S/O. CHIDAMBARAM, 2. MRS. KANNAMMA AGED ABOUT 48 YEARS, W/O. VENKATESH, BOTH ARE RESIDING AT TARIKATTE, NANCHURU POST, KOKKARNE, KUNDAPURA TALUK, UDUPI DISTRICT- 575 015. …APPELLANTS (BY SRI. NAVEEN .S, ADVOCATE FOR SRI. JAYAKARA SHETTY H., ADVOCATE) AND: 1. MR NAVEEN AGED ABOUT 27 YEARS, S/O. VIJAYA KUMAR, R/O. 1-66/1, MATHRUSHREE, DEVI NAGARA, KUNJATHBAILU, MANGALORE DISTRICT-575 015. 2. VIJAYA KUMAR AGED ABOUT 56 YEARS, S/O. LATE BALAKRISHNA, R/O. 1-66/1, MATHRUSHREE, DEVI NAGARA, KUNJATHBAILU, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 MANGALORE DISTRICT-575 015. 3. THE NATIONAL INSURANCE CO. TLD., DIVISIONAL OFFICE, NEAR HEAD POST OFFICE, UDUPI POST, TALUK AND DISTRICT, PIN-576 101, REP. BY MANAGER. …RESPONDENTS (BY SRI. RAVISH BENNI., ADVOCATE FOR R3, R1 AND R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.05.2024 PASSED IN MVC NO.878/2019 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), 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 appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 07.05.2024 passed in MVC NO.878/2019 on the file of the Additional District Judge and Additional MACT, Udupi for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. One Manikanta, son of Venkatesh met with an accident on 28.01.2019 and died subsequently. His parents filed claim petition claiming compensation of Rs.35,00,000/-. The Tribunal considering the entire evidence on record granted amount of Rs.23,01,309/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said award they preferred an appeal and mainly contended that Manikantan was working as a granite cutter and earning Rs.17,228/- per month and 1/3rd is to be deducted towards personal expenses. Also under the conventional heads the amount granted is meager therefore requested for enhancement of compensation. Further submits that he incurred Rs.3,53,685/- towards medical expenses. The Tribunal - 4 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 committed error in deducting 1/3rd towards personal expense and the amount awarded towards consortium is only Rs.44,000/-. Thus, requested for enhancement of the compensation. 5. It is submitted that Manikandan met with an accident on 28.01.2019 and his parents have not filed any proof of income. As he met with an accident in the year 2019, his notional income is to be taken as Rs.14,000/- per month and he was aged 17 years at the time of the accident, therefore ‘18’ multiplier is applicable for him and he is entitled for 40% towards future prospects. He was a bachelor therefore 50% is to be deducted towards his personal expenses. Loss of dependency comes to Rs.14,000 + 40% x 12 x 18 - 50% = Rs.21,16,800. Further, the petitioners are entitled for an amount of Rs.40,000/- by each of them towards filialia consortium and they are also entitled for Rs.30,000/- under the conventional heads. The tribunal further granted an - 5 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 amount of Rs.3,53,685/- towards medical expenses and the same holds good. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.23,01,309/- to Rs.25,80,485/- 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. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 21,16,800 2 Consortium 80,000 3 Conventional heads 30,000 4 Medical expenses 3,53,685 Total 25,80,485 - 6 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 ii. The judgment and award dated 07.05.2024 passed in MVC NO.878/2019 on the file of the Additional District Judge and Additional MACT, Udupi, is modified. iii. The claimants are entitled to a sum of Rs.25,80,485 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,01,309/- 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.2,79,176/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:13837 MFA No. 5385 of 2024 v. On such deposit, petitioners are permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 75