SRI. YADAMANI ADINARAYANA vs SRI. MADANAPALLI RASUL BEE
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
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. 5214 OF 2026
(MV-D)
BETWEEN:
1. SRI. YADAMANI ADINARAYANA
S/O. YADAMANI MALLAIAH
NOW AGED ABOUT 48 YEARS.
2. SMT. Y. SUJATHA
W/O. Y. ADINARAYANA,
NOW AGED ABOUT 45 YEARS.
3. Y. DEVI PRASANNA
D/O. Y. ADINARAYANA,
NOW AGED ABOUT 26 YEARS.
ALL ARE RESIDING AT No. 13-16
KATTIVARIPALLI
VENGAMAVARIPALLI
NIMMANAPALLI
(ANNAMAIAH DISTRICT)
CHITTOR DISTRICT
ANDHRA PRADESH-517 280.
…APPELLANTS
(BY SRI. SUSHMITHA G, ADVOCATE)
AND:
1. SRI. MADANAPALLI RASUL BEE
W/O. M. SAYYAD BASHA
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
MAJOR IN AGE
RESIDING AT No. 2-222
NAWABPETA
NELLIMANDA (OTHER) SOMALA
CHITTOR DISTRICT
ANDHRA PRADESH-517 257.
2. UNIVERSAL SOMPO GENERAL
INSURANCE Co. LTD.,
ND
No. 7, 2 FLOOR, SHAH COMPLEX
TH TH
9 MAIN, 5 BLOCK, JAYANAGAR
BENGALURU-560 041.
REP: BY ITS MANAGER.
…RESPONDENTS
(BY SRI RAVI S SAMPRATHI, ADVOCATE FOR R2
V/O DTD. 21.07.2026, NOTICE TO R1 IS DISPENSED WTIH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:31.01.2026
PASSED IN MVC No.5568/2024 ON THE FILE OF THE VI ADDL.
JUDGE, COURT OF SMALL CAUSES AND ADDL. CHIEF JUDICIAL
MAGISTRATE AND MACT, 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 appellants -claimants seeking
enhancement of compensation awarded in judgment and
award dated 31.01.2026 passed in MVC No.5568/2024 by
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
VI Additional Judge, Court of Small Causes and MACT,
Bengaluru.
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
learned counsel for appellant and learned counsel for
respondent No.2 –insurer.
3. The appellants -claimants made a claim petition
praying to award compensation for the death of Y
Chaithanya Kumar in a road traffic accident occurred on
15.07.2024 contending that the accident occurred due to
rash and negligent driving of the driver of Ashoka Leyland
Goods Carriage bearing registration No.AP-39/TY-7191.
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 Rs.
1. Towards loss of Rs.24,94,800/-
Dependency
2. Towards consortium Rs.96,800/-
(48,400x2)
3. Loss of Estate Rs.18,150/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
4. Funeral expenses Rs.18,150/-
Total Rs.26,27,900/-
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. Claimants seeking
enhancement of compensation have filed the present
appeal.
5. Heard learned counsel for the appellant and
learned counsel for respondent No.2 –insurer.
6. The accident occurred on 15.07.2024 and as on
the date of accident, the claimant was aged 21 years.
Considering the said age of the claimant, the Tribunal has
rightly applied multiplier ‘18’. Considering that the
claimant was a bachelor, the Tribunal has rightly deducted
50% of the income towards personal expenses of the
deceased. The Tribunal has also rightly added future
prospects at 40%. The deceased has completed his course
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
in B-Tech CSE as per Ex.P10 certificate issued by KMM
Institute of Technology and Science Ramireddipalle,
Tirupati. Ex.P11 is the identity card issued by the said
college wherein the deceased was a student for B -Tech
CSE for the academic years 2020-2024. The accident
occurred on 15.07.2024. Ex.P1 is the complaint filed by
the father of the deceased wherein it is stated that the
deceased has completed his B –Tech and was searching
the job at the time of the accident. Considering the said
documents and the evidence on record, the claimants have
established that the deceased has completed B -Tech CSE
course. As per the decision of the Division Bench of this
Court in the case of Shri Mallikarjun S/o Yallappa
Jogannavar and others Vs Shri Umesh M., S/o of
1
Murthy K. and others , wherein the Division Bench has
taken the income of an engineering student at Rs.25,000/-
per month. Considering the said aspect, the income of the
deceased is to be taken at Rs.25,000/- per month. In view
1
In 2020 0 Supreme (Kar) 104
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
of the same, the loss of dependency is calculated as
under:
Rs.25,000/- + 40% =Rs.35,000/- less 50%
=Rs.17,500/- x 12 x 18 = Rs.37,80,000/-.
7. Claimants are not seeking any enhancement of
compensation awarded under other heads. In view of the
same, claimants are entitled to enhanced compensation of
Rs.12,85,200/- (Rs.37,80,000/- less Rs.24,94,800/-) with
interest at the rate of 6% per annum from the date of
petition till realization. Respondent No.2 -insurer is liable
to pay the said enhanced compensation with interest.
8. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) The appellant -claimant is entitled to enhanced
compensation for Rs.12,85,200/- with interest
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60170
MFA No. 5214 of 2026
CNR: KAHC010475652026
at the rate of 6% per annum from the date of
petition till realization.
iii) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before
the Tribunal within a period of 06 weeks from
this date.
iv) Claimants are entitled to release of enhanced
compensation in the ratio of 45:45:10.
v) Out of the enhanced compensation, 50% shall
be released to claimants as per their respective
share and 50% of their share shall be kept in
fixed deposit in their respective names in
Karnataka Bank, City Civil Branch, Bengaluru
for a period of 03 years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 12
Ct.sm