IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7059 OF 2025 (MV-D)

BETWEEN:

1. SMT. MAMATHA W/O LATE HUCHEGOWDA NOW AGED ABOUT 47 YEARS

2. SRI LANKESH M H S/O LATE HUCHEGOWDA NOW AGED ABOUT 25 YEARS

3. SRI LIKITH M H S/O LATE HUCHEGOWDA NOW AGED ABOUT 24 YEARS ALL ARE RESIDENT OF Digitally signed MAGALURU VILLAGE by DEVIKA M MAYASANDRA HOBLI Location: HIGH TURUVEKERE TALUK COURT OF KARNATAKA TUMKAURU DISTRICT - 572 221 …APPELLANTS (BY SRI B CHANDRASHEKHARAIAH, ADVOCATE)

AND:

1. SRI GIRISH B N S/O NARASIMHAIAH (AGE R1 NOT KNOWN TO THE APPELLANTS RESIDENT OF KENKERE VILLAGE KASABA HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572 130

2. UNITED INDIA INSURANCE COMPANY LTD.

D.O. 6^TH FLOOR, KRUSHI BHAVAN NRUPTHUNGA ROAD HUDSON CIRCLE BENGALURU-560 001 BY ITS MANAGER …RESPONDENTS (BY SRI C SHANKAR REDDY, ADVOCATE FOR R2;

V/O DT.10.03.2026, NOTICE TO R1 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.22.09.2021 PASSED IN MVC NO. 7803/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU AND ETC.

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 claimants/appellants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 22.09.2021 passed in MVC No.7803/2019 by the VIII Additional Small Causes Judge and MACT, Bengaluru and seek for enhancement of compensation.

2. Heard the arguments of the learned counsel for the appellants and the learned counsel for respondent No.2-

Insurance Company.

3. The facts of the case is that the injured met with an accident on 16.09.2019 and died. The claimants who were wife and children of the deceased filed claim petition claiming compensation of Rs.50,00,000/- with interest at the rate of 12% p.a. The Tribunal considering the entire evidence on record granted an amount of Rs.16,76,387/- with interest at the rate of 9% p.a. from the date of petition till its realization.

Aggrieved by the said order, the present appeal is filed.

4. Learned counsel for the appellants mainly contended that the Tribunal awarded compensation of Rs.16,76,387/- with 9% interest and the same is on lower side. The deceased was aged about 45 years and working in at Wine Store and earning Rs.15,000/- per month. But the Tribunal has taken only Rs.14,000/- per month and meager compensation is awarded by the Tribunal on all the heads. The claimants are dependants on the deceased and having no earnings on their own. Therefore, requested for enhancement of compensation.

5. Though, it is stated that the deceased was earning Rs.15,000/- per month, there is no proof of income. The deceased met with an accident in the year 2019. Hence, the Tribunal has rightly taken his notional income as Rs.14,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged about 45 years as on the date of the accident and the applicable multiplier is ‘14’. He is entitled for 25% towards future prospectus and 1/3^rd is to be deducted towards personal expenses. Thus, the ‘loss of dependency’ comes to Rs.19,60,000/- (14,000 + 25% - 1/3 x 12 x 14). Wife of the deceased is entitled for Rs.40,000/- towards spousal consortium and sons of the deceased is entitled for Rs.40,000/- each towards parental consortium. Apart from that, the claimants are also entitled for Rs.30,000/- under the conventional heads. The Tribunal has granted medical expenses of Rs.1,29,387/- and the same is confirmed.

6. Thus, in all, components awards by this Court are as below:

7. Hence, the compensation granted by the Tribunal is enhanced from Rs