RAYANAGOUDA SHANKARAGOUDA HOSAGOUDAR vs THE MANAGER
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6560 OF 2026
(MV-D)
BETWEEN:
1. RAYANAGOUDA SHANKARAGOUDA HOSAGOUDAR
S/O SHANKARAGOUDA HOSAGOUDAR
AGED 52 YEARS.
2. SMT. SHARANAMMA RAYANAGOUDA HOSAGOUDAR
W/O. RAYANAGOUDA HOSAGOUDAR
AGED 47 YEARS.
BOTH ARE R/AT PERMANENT
ADDRESS HALLUR, HALLUR
BAGALKOT-587 115.
…APPELLANTS
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)
AND:
1. THE MANAGER
ACKO GENERAL INS CO LTD.,
TH
No.9, 17 A MAIN ROAD
NEAR SUKHSAGAR RESTAURANT
TH
5 BLOCK, KORAMANGALA
BENGALURU-560 095.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
POLICY No.DCTR00788427210/00
VALIDITY 12-02-2023 TO 11-02-2024.
2. MR. MD NAEEMUDDIN
S/O.MD NASEERUDDIN
MAJOR, R/AT E GROUND FLOOR
TH
7 A CROSS, LBS NAGAR
VIMANAPURA POST
BENGALURU-560 017.
…RESPONDENTS
(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR
SRI PRADEEP, ADVOCATE FOR R1 (VK NOT FILED)
V/O DTD. 18.09.2026, NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:16.08.2025
PASSED IN MVC No.2053/2024 ON THE FILE OF THE II
ADDITIONAL JUDGE ACJM, MEMBER, MACT, COURT OF SMALL
CAUSES, BENGALURU, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellants/claimants
seeking enhancement of compensation awarded in
judgment and award dated 16.08.2025 passed in MVC
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
No.2053/2024 by the II Additional Judge, Court of Small
Causes and Member, MACT, Bengaluru (SCCH-13).
2. The appellants made a claim petition praying to
award compensation for the death of Praveen
Rayanagouda Hosagoudar in a road traffic accident
occurred on 03.02.2024 contending that the accident
occurred due to rash and negligent driving of the driver of
car bearing Regn.No.KA-01-MG-4047. The Tribunal after
recording the evidence of the parties, appreciating the
evidence assessed the compensation and awarded
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency 23,56,200/-
02. Loss of consortium 88,000/-
03. Loss to estate 20,000/-
04. Transportation of dead body, 16,500/-
funeral and obsequies expenses
Total 24,80,700/-
3. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till realization and directed
respondent No.1/insurer to deposit the award amount with
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
interest. The claimants seeking enhancement of
compensation have filed the present appeal.
4. Heard learned counsel for the appellants and
learned counsel for respondent No.1/insurer.
5. The accident occurred on 03.02.2024 and as on
the date of accident, the claimant was aged 27 years.
Considering the said age of the claimant, the Tribunal has
rightly applied multiplier '17'.
6. The deceased had appeared for 4th semester of
ITI "Fitter" of two years course and in that regard Ex.P14 -
study certificate and Ex.P15, copy of marks card of all the
four semesters are produced. Considering the said aspect,
deceased had completed ITI course. Since the deceased
has completed ITI course his income has to be taken
higher than the notional income fixed for the year 2024.
The notional income fixed for the year 2024 is Rs.17,000/-
p.m. therefore the notional income of the deceased is
taken at Rs.18,000/- p.m. The Tribunal has rightly added
40% future prospects and deducted 50% towards personal
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
expenses of the deceased since he was bachelor. In view
of the same, the loss of dependency is calculated as
under:
Rs.18,000 + 40% = 25,200 - 1/2 = Rs.12,600/-
Rs.12,600 x 12 x 17 = 25,70,400/-
7. The Tribunal even though awarded compensation
under conventional heads taking escalation at 10% but the
Tribunal ought to have taken escalation at 20% since the
accident occurred after six years of decision of the Hon'ble
Apex Court in the case of National Insurance Co. Ltd vs
Pranay Sethi (AIR 2017 SC 5157). Therefore, 20%
escalation has to be added under conventional heads. The
claimants being the parents of the deceased are entitled to
consortium in a sum of Rs.96,000/- (Rs.48,000 x 2),
Rs.18,000/- towards loss of consortium and Rs.18,000/-
towards funeral expenses and transportation of dead body.
8. In view of the above, the claimants are entitled to
compensation under various heads as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency 25,70,400/-
02. Loss of consortium 96,000/-
03. Loss of estate 18,000/-
04. Funeral expenses and 18,000/-
transportation of dead body
Total 27,02,400/-
9. Considering the above aspects, the claimants are
entitled to total compensation of Rs.27,02,400/- as
against Rs.24,80,700/- awarded by the Tribunal with
interest. Consequently, the claimants are entitled to
enhanced compensation of Rs.2,21,700/- with interest @
6% p.a. from the date of petition till realization. The
claimants are not entitled to interest for the delay of 281
days in filing the appeal as per order dated 29.10.2026
passed on I.A.1/2026. Respondent No.1/insurer is liable to
pay the said enhanced compensation with interest.
10. In view of the above, the following:
ORDER
.
i) The appeal is allowed in part
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59995
MFA No. 6560 of 2026
CNR: KAHC010614472026
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.2,21,700/-
with interest @ 6% p.a. from the date of
petition till realization.
iii) Respondent No.1/insurer shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
iv) The appellants/claimants are not entitled to
interest for the delay period of 281 days in
filing the appeal.
v) The appellants/claimants are entitled to
release of entire enhanced compensation in
the ratio of 50:50.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 23
Ct.sm