SMT. ARATHI vs SRI. GOPI
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 7001 OF 2026
(MV-D)
BETWEEN:
1. SMT. ARATHI
W/O LATE G.K.SHANTHARAJU
NOW AGD ABOUT 39 YEARS.
2. MASTER CHANDRAGOWDA.G.S
S/O LATE G.K. SHANTHARAJU
NOW AGED ABOUT 17 YEARS.
3. KUM. YOGESHWARI.G.S
D/O LATE K.G.SHANTHARAJU
NOW AGED ABOUT 15 YEARS.
APPELLANT No. 2 AND 3 MINORS
REPRESENTED BY THEIR NATURAL
ST
GUARDIAN MOTHER i.e. 1 APPELLANT
SMT. AARTHI
4. SRI KEMPEGOWDA
S/O LATE KALASHANAIAH
NOW AGED ABOUT 73 YEARS.
5. SMT. JAYAMMA
W/O KEMPEGOWDA
NOW AGED ABOUT 70 YEARS.
APPELLANT No.1 TO 5 ARE ALL
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
RESIDING AT
GARAGADAKUPPE VILLAGE
KANAKUPPE POST
HEBBUR HOBLI
TUMKUR TALUK & DISTRICT-572 120.
…APPELLANTS
(BY SRI. B CHANDRASHEKHARAIAH, ADVOCATE)
AND:
1. SRI. GOPI
S/O MARIYAPPA
MAJOR
(AGE OF R-1 NOT KNOWN TO APPELLANTS)
RESIDENT OF:
HOUSING BORD COLONY
K.H.B. COLONY
KUNIGAL TALUK
TUMKUR DISTRICT - 572 130.
2. SHRIRAM GENERAL INSURANCE COMPANY LTD.,
RD
No.3/5, 3 FLOOR, SC ARCADE
BELEKAHALLI MAIN ROAD
OFFICE AT BANNERUGHATTA ROAD
IIM-B POST
BENGALURU-560 076.
BY ITS MANAGER
…RESPONDENTS
(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE
SRI B PRADEEP, ADVOCATE FOR R2
V/O DTD. 24.09.2026 NOTICE TO R1 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:6.11.2024
PASSED IN MVC No.4152/2023 ON THE FILE OF THE VIII
ADDITIONAL JUDGE AND COURT OF SMALL CAUSES AND
ACJM, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
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 appellants -claimants seeking
enhancement of compensation awarded in judgment and
award dated 06.11.2024 passed in MVC No.4152/2023 by
VIII Additional Judge, Court of Small Causes and MACT,
Bengaluru (SCCH-5).
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
learned counsel for appellants and learned counsel for
respondent No.2 –insurer.
3. The appellants made a claim petition praying to
award compensation for the death of G.K Shanthraju in a
road traffic accident occurred on 15.01.2023 contending
that the accident occurred due to rash and negligent
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
driving of the driver of mini lorry bearing registration
No.KA-56-0962. 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. Head of Compensation Amount/Rs.
1. Loss of dependency 25,73,460-00
2. Loss of consortium(Petitioner 20,000-00
No.1)
3. Loss of parental consortium
(Rs.20,000/- each to
Petitioner No.2 and 3)
40,000-00
4. Loss of filial consortium
(Rs.20,000/- each to
Petitioner No.4 and 5)
40,000-00
5. Loss of Estate 15,000-00
6. Funeral Expenses 15,000-00
7. Medical Expenses 3,500-00
Total 27,06,960-00
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
and directed respondent No.2 -insurer to deposit the
award amount with interest. The claimants seeking
enhancement of compensation have filed the present
appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
5. Heard learned counsel for appellants and
learned counsel for respondent No.2 –insurer.
6. The accident occurred on 15.01.2023. The
notional income fixed for the said year is Rs.16,250/- by
Karnataka State Legal Services Authority and the said
income is to be taken as against Rs.15,000/- as taken by
the Tribunal. The Tribunal has taken age of the deceased
as 40 years on the basis of the year of birth mentioned in
Ex.P5 -Aadhar card as 1983. Ex.P6 is the PAN card of the
deceased wherein his date of birth mentioned is
01.04.1983. Considering, the said date of birth the
claimant has not completed 40 years. Therefore, the age
of the deceased is to be taken as 39 years. The multiplier
applicable is ‘15’ and future prospects are to be taken at
40% as against 25% as taken by the Tribunal. In view of
the same, the loss of dependency is calculated as under:
Rs.16,250/- + 40% =Rs.22,750/- x 12= Rs.2,73,000/-
th
1/4 = Rs.2,04,750/- x15 = Rs.30,71,250/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
7. The claimants are wife, two minor children and
two parents of the deceased. All the claimants are entitled
to consortium with escalation at 20% in a sum of
Rs.2,20,000/- (Rs.48,000/- x 5) as against Rs.1,00,000/-
as awarded by the Tribunal. Even though the Tribunal has
awarded the loss of estate in a sum of Rs.15,000/- and
funeral expenses in a sum of Rs.15,000/- but has not
added 20% escalation. Therefore, claimants are entitled to
a sum of Rs.18,000/- towards loss of estate and
Rs.18,000/- towards funeral expenses. The Tribunal has
rightly awarded the medical expenses of Rs.3,500/-.
8. In view of the above, claimants are entitled to
total compensation under various heads as under:
Sl.No. Head of Compensation Amount/Rs.
1. Loss of dependency 30,71,250/-
2. Loss of consortium 2,20,000/-
3. Loss of Estate 18,000/-
4. Funeral Expenses 18,000/-
5. Medical Expenses 3,500/-
Total 33,30,750/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
Claimants are entitled to total compensation of
Rs.33,30,750/- as against Rs.27,06,960/- with interest.
Consequently, claimants are entitled to enhanced
compensation of Rs.6,23,790/- with interest at the rate of
6% per annum from the date of petition till realization.
Claimants are not entitled to interest for the delay period
of 596 days in filing the appeal as per order dated
04.11.2026 passed on IA No.1/2026. Respondent No.2 -
insurer is liable to pay the said enhanced compensation
with interest.
9. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) Appellants -claimants are entitled to enhanced
compensation of Rs.6,23,790/- with interest at
the rate of 6% per annum from the date of
petition till realisation.
iii) Claimants are not entitled to interest for the
delay period of 596 days in filing the appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:61135
MFA No. 7001 of 2026
CNR: KAHC010664532026
iv) The claimants are entitled to share in the
enhanced compensation in the ratio of
60:10:10:10:10.
v) The share of appellant Nos. 2 and 3/claimant
Nos.2 and 3 -minors shall be kept in fixed
deposit with the Karnataka Bank, City Civil
Court Branch, Bangalore till they attain
majority.
vi) Out of the share of claimant No.1, 50% shall be
released and remaining 50% shall be kept in a
fixed deposit with Karnataka Bank, City Civil
Court Branch, Bengalore for a period of 03
years.
vii) Claimant Nos.4 and 5 are entitled to release of
their share in entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 29
Ct.sm