Sri. Punish Kumar C vs Surendra Kumar

Type Court Judgment Court Karnataka Decided Feb 05, 2026

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Citation: sooperkanoon.com/1515371
Court: Karnataka High Court
Judge: P Sree Sudha
Decided On: Feb 05, 2026
Case Number: MFA/497/2024

Parties & Advocates

Appellant / Petitioner

Sri. Punish Kumar C

Respondent

Surendra Kumar

Excerpt

.....enhancement of compensation.2. heard the arguments of the learned counsel for the appellant and learned counsel for respondent no.6/insrance company. the ranks of the parties are retained as per tribunal for the sake of convenience. -4-3. brief facts of the case are that, the minor boy aged6 years met with an accident on 07.04.2016 and died subsequently. his father aged 39 years filed petition as a natural guardian claiming compensation of rs.16,00,000/-. the tribunal considering the entire oral and documentary evidence on record granted global compensation of rs.5,00,000/- with interest at the rate of 6% per annum from the date of petition till its realisation. being aggrieved by the said order, he preferred this appeal and mainly contended that the tribunal failed to take note of the ratio laid down by the hon’ble apex court and granted a global compensation without awarding amounts under the other conventional heads. thus, requested for enhancement of the compensation.4. admittedly, it is a case of death of a minor boyaged 6 years. as per the decision of this court in girisha s. and another vs. jaya clinic and others in mfa no.4245/2024, dated 13.01.2026, the notional income of the deceased-minor is to be taken at rs.5,000/- per month and the multiplier is to be taken as ‘15’. accordingly, this court finds it reasonable to enhance the compensation from -5- rs.5,00,000/- to rs.9,00,000/-. the father is entitled to filial consortium of rs.40,000/- and a sum of rs.30,000/- is granted under conventional heads. the total compensation comes to rs.9,70,000/-. the claimant is entitled for enhanced compensation of rs.4,70,000/- (rs.9,70,000 minus rs.5,00,000)5. respondent no.6/insurance company has alreadydeposited the awarded amount before the tribunal. therefore, respondent no.6/insrance company is directed to deposit the enhanced compensation amount of rs.4,70,000/- with interest at the rate of 6% p.a. within a period of one month from the date of this.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 497 OF 2024 (MV-D) BETWEEN: SRI. PUNISH KUMAR C S/O CHANDRA BANU AGED ABOUT 44 YEARS, R/AT SHINE HPS LINK ROAD, SHIVA MOOKAMBIKA NAGARA TUMAKURU - 572 102. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND:
1. SURENDRA KUMAR S/O MR. NANZZU AGED ABOUT 37 YEARS, Digitally signed DRIVER OF THE VEHICLE TATA 1109, by
PADMASHREE               CONTAINER LORRY BEARING REGISTRATION
SHEKHAR DESAI            NO.HR-55-T-2835,
Location: High           R/AT PAWARA SIRKEE,
Court of Karnataka FATHEPUR SIRKEE, UTTAR PRADESH.
2. DHARMENDER MALIK S/O SATHBIR MALIK AGED ABOUT 61 YEARS, R/AT NO.1531, SECTOR-21 GURGAON, HARYANA. -2-
3. M/S NATIONAL INSURANCE COMPANY LIMITED, TUMAKUR BRANCH, TUMAKURU.
4. SRI. DURUGANNA S/O NARASAPPA AGED ABOUT 47 YEARS, R/AT NO.59, 19TH CROSS KENCHAGANAHALLI, NAGALAMADIKE HOBLI, PALUVALLI POST, PAVAGADA TALUK - 561 202, TUMAKURU DISTRICT.
5. SRI. DEMELLO AMRUTH S/O CHANDRA BANU AGED ABOUT 50 YEARS R/AT C/O KIRAN GANDIYAR DOOR NO.205, 19TH CROSS, R.T. NAGAR, 15TH BLOCK BENGALURU - 560 032.
6. THE BRANCH MANAGER
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., SRI SHANTHI TOWER, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU - 560 043. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R6; VIDE ORDER DATED 14.06.2024, NOTICE TO R1 TO R4 IS DISPENSED WITH;
VIDE ORDER DATED 19.03.2025, NOTICE TO R5 IS HELD
SUFFICIENT) -3- THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 27.01.2023 PASSED IN MVC

NO.10/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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/cliamant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 27.01.2023 passed in MVC Nos.6/2018, 7/2018, 8/2018, 9/2018, 10/2018, 11/2018 and passed in MVC No.10/2018 on the file of the III Additional District and Sessions Judge & MACT, Tumakuru, seeking enhancement of compensation.

2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.6/insrance company. The ranks of the parties are retained as per Tribunal for the sake of convenience. -4-

3. Brief facts of the case are that, the minor boy aged

6 years met with an accident on 07.04.2016 and died subsequently. His father aged 39 years filed petition as a natural guardian claiming compensation of Rs.16,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted global compensation of Rs.5,00,000/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, he preferred this appeal and mainly contended that the Tribunal failed to take note of the ratio laid down by the Hon’ble Apex Court and granted a global compensation without awarding amounts under the other conventional heads. Thus, requested for enhancement of the compensation.

4. Admittedly, it is a case of death of a minor boy

aged 6 years. As per the decision of this Court in Girisha S. and Another Vs. Jaya Clinic and Others in MFA No.4245/2024, dated 13.01.2026, the notional income of the deceased-minor is to be taken at Rs.5,000/- per month and the multiplier is to be taken as ‘15’. Accordingly, this Court finds it reasonable to enhance the compensation from -5- Rs.5,00,000/- to Rs.9,00,000/-. The father is entitled to filial consortium of Rs.40,000/- and a sum of Rs.30,000/- is granted under conventional heads. The total compensation comes to Rs.9,70,000/-. The claimant is entitled for enhanced compensation of Rs.4,70,000/- (Rs.9,70,000 minus Rs.5,00,000)

5. Respondent No.6/insurance company has already

deposited the awarded amount before the Tribunal. Therefore, respondent No.6/insrance company is directed to deposit the enhanced compensation amount of Rs.4,70,000/- with interest at the rate of 6% p.a. within a period of one month from the date of this order. On such deposit, the father as a natural guardian is permitted to withdraw the entire amount along with interest accrued on it. Accordingly, the appeal is allowed in part. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 66

Same Court & Year Karnataka · 2026 Same Parties Sri. Punish Kumar C vs Surendra Kumar Same Judge P Sree Sudha