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Karnataka High Court
Mallavva Bhommahalli vs Manjunatha Reddy H on 6 January, 2026
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NC: 2026:KHC:439
MFA No. 8142 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 8142/2024 (MV-D)
BETWEEN:
1. MALLAVVA BHOMMAHALLI
W/O LT HULUGAPPA
AGED ABOUT 44 YEARS
2. CHAITRA S
W/O SHIVARAJA S
D/O LT HULUGAPAP
AGED ABOUT 24 YEARS
3. B ROJA
W/O GORAVARA HANUMATNHAPPA
D/O LT HULUGAPPA
AGED ABOUT 21 YEARS
4. B LAKSHMI
Digitally signed D/O LT HULUGAPAP
by PADMASHREE AGED ABOUT 15 YEARS
SHEKHAR DESAI
Location: High 5. B ARCHANA
Court Of D/O LT HULUGAPAP
Karnatka
AGED ABOUT 13 YEARS
6. B ASHWINI
D/O LT HULUGAPPA
AGED ABOUT 13 YEARS
7. B MAHESHA
S/O HULUGAPPA
AGED ABOUT 9 YEARS
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MFA No. 8142 of 2024
HC-KAR
8. BASAMMA
W/O LT B HANUMANTHAPPA
AGED ABOUT 72 YEARS
ALL ARE R/AT NEAR ANJANEYA TEMPLE
HIRISOBATI, THAMBRAHALLI
HAGARIBOMMANAHALLI
BELLARY, KARNATAKA
SINCE THE 4TH TO 7TH APPELLANTS ARE
MINORS REPTD. BY THEIR MOTHER
1ST APPELLANT AS NATURAL GUARDIAN
...APPELLANTS
(BY SRI. SREENIVASAIAH A., ADVOCATE)
AND:
1. MANJUNATHA REDDY H
S/O K R HANUMANTHA REDDY
OPP. RAME GUESTLINE HOTEL
ATTIBELE INDUSTRIAL AREA
HOSUR MAI ROAD, ANEKAL
BENGALURU-562 107.
2. THE MANAGER
UNIVERSAL SOMO GENERAL INSURANCE CO. LTD.,
4TH FLOOR, K.V.V SAMRAT, 217/A,
3RD MAIN, OUTER RING ROAD
KASTRUI NAGAR
BENGALURU-560 043.
...RESPONDENTS
(BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2,
V/O DTD 04.03.2025 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.29.01.2024 PASSED IN MVC
NO.4994/2022 ON THE FILE OF THE III ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU,
(SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR
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MFA No. 8142 of 2024
HC-KAR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 29.01.2024 passed in MVC
No.4994/2022 on the file of the III Additional Judge, Court
of Small Causes, Member, MACT, Bengaluru, for enhancing
the compensation.
2. Heard the arguments of the learned counsel for
the appellants and respondents. The ranks of the parties
are retained as per tribunal for the sake of convenience.
3. The deceased one Hulugappa son of late
Hanumappa met with an accident on 29.08.2022 and died.
The claimants who were wife, children and mother of the
deceased, filed claim petition claiming compensation of
Rs.60,00,000/-. The tribunal considering the entire
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evidence on record granted an amount of Rs.25,05,400/-
along with interest rate of 6% p.a., from date of petition
till deposit. Aggrieved by the said order, this appeal is
filed.
4. Learned counsel for petitioners mainly contended
that Hulugappa was earning Rs.40,000/- per month, but
the Tribunal has taken only Rs.15,500/- and meager
compensation under other heads are granted and the loss
of consortium was not granted to the other claimants, thus
requested for enhancement. As there is no proof of
income, the Tribunal has rightly taken his notional income
as Rs.15,000/- per month, as he was aged 46 years,
multiplier taken as 13 and the loss of dependency is
Rs.24,18,000/- as granted by the tribunal. The petitioner
No.1 is entitled for Rs.44,000/- towards spouses
consortium. The petitioner Nos.2, to 7 are entitled for an
amount of Rs.44,000/- for each of them towards parental
consortium and petitioner No.8 is entitled for filial
consortium of Rs.44,000/-. Apart from that they are also
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entitled for Rs.33,000/- under the other conventional
heads.
6. Thus in all, components awarded by this court
are as below,
Amount
Sl.Nos. Particulars
in Rs.
1 Towards loss of dependency 24,18,400
2 Towards loss of consortium 3,52,000
(8 claimants)
3 Conventional heads 33,000
Total 28,03,400
Hence, the compensation granted by tribunal is
enhanced from Rs.25,05,400/- to Rs.28,03,400/- along
with interest at the rate of 6% p.a.
7. In the result, the following order is passed:
ORDER
i. Appeal is allowed in part.
ii. The judgment and award dated
29.01.2024 passed in MVC No.4994/2022
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HC-KAR
on the file of the III Additional Judge, Court
of Small Causes, Member, MACT,
Bengaluru, is modified.
iii. The claimants are entitled to a sum of
Rs. 28,03,400/- (Rupees Twenty Eight
Lakhs Three Thousand and Four Hundred)
along with interest at 6% p.a., from the
date of petition till the date of realization,
instead of Rs.25,05,400/- granted by the
tribunal.
iv. Respondent No.2/Insurance Company has
already deposited the awarded amount
before the tribunal. Therefore, respondent
No.2/Insurance Company is directed to
deposit the enhanced compensation of
Rs.2,98,000/- along with the interest at
the rate of 6% within one month from the
date of this order.
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v. On such deposit, petitioner No.1/the wife of
the deceased is permitted to withdraw the
entire amount along with interest accrued
on the same.
vi. On 25.10.2025, the delay of 226 days is
condoned by this Court on the condition
that the claimant will not be entitled for the
interest in case of enhancement. Hence,
respondent No.2 is not liable to pay the
interest for the delayed period.
Sd/-
(P SREE SUDHA)
JUDGE
AKV
CT:NR
List No.: 1 Sl No.: 95
