- 1 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 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. 4437 OF 2024 (MV-D) BETWEEN: 1. MAHADEVAMMA W/O LATE P MALLAPPA AGED ABOUT 67 YEARS, 2. VEERTHAPPA S/O LATE SIDDAPPA, AGED ABOUT 72 YEARS, 3. LATHA W/O MAHADEVAPPA, AGED ABOUT 37 YEARS, 4. KANTAMMA W/O VEERBADRAPPA, D/O BEERATAPPA, AGED ABOUT 33 YEARS, ALL R/AT NELLIGERE VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 439. …APPELLANTS (BY SRI. SANATH KUMARA K.M, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 AND: 1. GURUDEVRADHYA FATHER NAME NOT KNOWN AGED ABOUT 42 YEARS, R/AT 105, VARUNA VILLAGE AND POST, MYSURU TALK AND DISTRICT - 570 010. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., BALLAL CIRCLE, CHAMARAJPURAM, MYSURU. COLLECTION OFFICE: CHR COMPLEX, DOUBLE ROAD CHAMARAJNAGAR - 571 313. …RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2; VIDE ORDER DATED 16.03.026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2023 PASSED IN MVC NO.133/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGARA, 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 - 3 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 judgment and award dated 02.02.2023 passed in MVC No.133/2022, by the Court of Senior Civil Judge and MACT, Chamarajanagar, for enhancing the compensation. 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. Mallappa, met with an accident on 05.04.2022. His parents and sisters have filed claim application claiming compensation of Rs.47,30,000/-. The Tribunal considering the entire evidence on record granted Rs.22,75,800/- 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-Mallappa, was earning Rs.30,000/- 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 - 4 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 wrongly assessed. It is submitted that Mallappa was working as cook and earning Rs.30,000/- per month. The Tribunal has awarded very meagre compensation under conventional heads. Therefore, the appellants requested for enhancement of compensation. 5. Though the appellants have stated that the deceased was earning Rs.30,000/- per month, they have not filed a single document to prove his income. Mallappa was aged about 28 years and the multiplier is to be taken as ‘17’. Since the accident occurred on 05.04.2022 , this Court finds it reasonable to take his notional income as Rs.15,500/- 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 Apex Court in the 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 case of Sarla Verma Vs. Delhi Transport Corporation2, 50% is to be deducted towards personal expenses. Accordingly, the 'loss of dependency' come to Rs.22,13,400/- (15,500 + 40% - 50% X 12 X 17). Petitioner Nos.1 and 2 being the parents of deceased, is entitled to Rs.44,000/- each under the head 'fillial consortium' that comes to Rs.88,000/-. Apart from that, the appellants are also entitled for Rs.33,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Other. Further, the Tribunal has awarded compensation of Rs.54,500/- under the head 'Medical expenses' and this Court finds it appropriate to confirm the amount as awarded by the Tribunal under the said head. 6. Thus in all, components awarded by this Court are as below, 2 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 7. Compensation is enhanced from Rs.22,75,800/- to Rs.23,88,900/- and the enhanced compensation is Rs.1,13,100/-, 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 02.02.2023 passed in MVC No.133/2022, by the Court of the Senior Civil Judge and MACT, Chamarajanagar, is modified; Particulars Amount in Rs. Loss of dependency 22,13,400.00 Loss of consortium 88,000.00 Conventional heads 33,000.00 Medical bills 54,500.00 Total 23,88,900.00 - 7 - HC-KAR NC: 2026:KHC:15507 MFA No. 4437 of 2024 iii. Respondent No.2 is directed to deposit the enhanced compensation of Rs.1,13,100/- with interest at the rate of 6% per annum within one month from the date of this order. iv. Appellants are not entitled for interest for the delay period of 417 days as per order passed on IA No.1/2024 dated 16.03.2026. v. On such deposit, appellant No.1 is permitted to withdraw the entire compensation with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 2