IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO. 4352 OF 2023 (MV-D)

BETWEEN:

SRI. MAHENDRA. K. N.

S/O LATE. NARAYANAPPA, AGED ABOUT 34 YEARSA, R/AT HALEHURU VILLAGE, HULIYURUDURGA, TUMKUR DISTRICT.

KARNATAKA. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADV.)

AND:

Digitally signed by NANJUNDACHARI

1. THE REGIONAL MANAGER Location: HIG H M/S. ICICI LOMBARD GENERAL COURT OF KARNATAKA INSURANCE COMPANY LTD., NO.68, 2^ND FLOOR, SVR PLAZA, HOSUR ROAD, MADIWALA, BENGALURU.

(POLICY NO.3001/1-22116970/00/000 VALID FROM 22/11/2013 TO

22/11/2014 OF NEW AUDI (Q7) CAR).

2. MANAGING DIRECTOR, M/S. THIASOHOLA PLANTATIONS PVT., LTD., NO. 4/1, TUMKUR ROAD, YESHWANTHAPURA, BENGALURU – 560022, SHIVAMOGGA DISTRICT.

3. THE GENERAL MANAGER M/S. IFFCO TOKIO GENERAL INSURANCE CO., LTD., NO.141, SRI SHANTHI TOWERS, 4^TH FLOOR, 3^RD MAIN EAST, NFEF LAYOUT, KASTURINAGAR, BENGALURU.

(POLICE NO.88446632 VALID FROM 27/12/2013 TO

26/12/2014 INSURANCE OF MARUTHI RITS CAR BEARING REG.

NO.KA-05-MP-2089).

4. SMT. MANASA B.L.

W/O MOHAMMED MUSLAFA A., R/AT NO. C-008, PIONEER PARADISE, 24^TH MAIN ROAD, J.P. NAGAR, 7^TH PHASE, BENGALURU- 560078.

…RESPONDENTS (BY SRI. KRISHNA KISHORE S., ADV. FOR R1 SRI B.C. SHIVANNEGOWDA, ADV. FOR R3 NOTICE TO R2 & R4 D/W)

THIS APPEAL FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.08.2022 PASSED IN MVC NO.1778/2015 ON THE FILE OF THE COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-24), C/C. XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, 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 MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Claimant, son of the deceased mother by name Late Smt. Yashodamma is before this Court not being satisfied with the quantum of compensation awarded under Judgment and Award dated 23.08.2022 in MVC No. 1778/2015 on the file of MACT and Court of Small Causes c/c XXII Additional Small Causes Judge and ACMM, Member-MACT, Bengaluru (CCH-24), with a prayer to enhance the compensation.

2. The brief facts of the case are that:

The claimant, son of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the accidental death of mother Smt. Yashodamma in a road traffic accident that took place on 05.08.2014 involving Audi(Q7) car bearing Registration No.KA-02-MH-3776 and Maruthi Ritz car bearing Registration No.KA-05-MP-2089. It is stated that deceased was aged 50 years and was earning a sum of Rs.30,000/- per month by running provision store. Further, it is stated that the claimant was totally dependent on the income of the deceased mother.

On appearance, the respondent-insurers of the respective cars filed their objections denying the claim petition averments. Further, it is stated that charge sheet is filed against both the drivers of the car and negligence is attributed to the drivers of both the cars involved in the accident. It is also contented by the respective-Insurance Company that the drivers of the vehicles had no valid and effective driving license as on the date of accident. Thus, they prayed for dismissal of the claimant petition.

In respect of the same accident, two other claim petitions were clubbed together and a common judgment was passed. The claimant in MVC No.1778/2015 examined himself as PW1 and got marked Exhibits P1 to P18. The claimant in MVC No.1779/2015 examined herself as PW2, apart from examining the doctor as PW3. The Tribunal on appreciation of the material on record, awarded a total compensation of Rs. 9,02,900/- along with interest at the rate of 6% per annum.

While awarding the above compensation, the Tribunal assessed the income of the deceased notionally at Rs.8,500/- per mo