- 1 - NC: 2025:KHC:9019 MFA No. 28 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 28 OF 2023 (MV-D) BETWEEN: 1. SMT. GANGARATHNAMMA, W/O LATE R. SEETHARAMAPPA, AGED ABOUT 46 YEARS. 2. SRI SRIKANTH, S/O LATE R.SEETHARAMAPPA, AGED ABOUT 25 YEARS. 3. SRI MURALI, S/O LATE R. SEETHARAMAPPA, AGED ABOUT 23 YEARS. ALL ARE RESIDING AT KRISHNAPURA VILLAGE, DIBBUR POST, CHIKKABALLAPURA TALUK AND DISTRICT. …APPELLANTS (BY SRI K.N.HARISH BABU, ADVOCATE AND SRI M.V.RAVI, ADVOCATE) AND: 1. SRI BIDYADHAR BAGARIA, S/O GANESH RAM BAGARIA, BALOD BARI, TEH FATHEHPUR SIKAR, (RAJASHTAN). 2. VENKATESH C., S/O CHIKKA KRISHNAPPA, NO.868A, INDIRANAGAR, CHIKKABALLAPURA. 3. THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:9019 MFA No. 28 of 2023 S.5, 2ND FLOOR, INFANTRY ROAD, BANGALORE - 01. 4. LEGAL MANAGER, SHRIRAM GENERAL INSURANCE CO., E-8, RICO INDUSTRIAL AREA, SITPURA, JAIPUR, RAJASTHAN - 302 022. …RESPONDENTS (BY SRI MALLIKARJUN REDDY, ADVOCATE FOR SRI B.PRADEEP, ADVOCATE FOR R3 AND R4; VIDE ORDER DATED 09.01.2023, NOTICE T R1 AND R2 IS DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.07.2022 PASSED IN MVC NO.3921/2012 BY THE MACT, COURT OF SMALL CAUSES, BENGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the claimants challenging the judgment and award dated 25.07.2022 passed in MVC.No.3921/2012 by the Court of the MACT, Court of Small Causes, Bengaluru (for short ‘the tribunal’). This appeal is founded on the premise of inadequacy of compensation awarded by the tribunal. - 3 - NC: 2025:KHC:9019 MFA No. 28 of 2023 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. Brief facts of the case are as under: On 11.04.2012 at about 9.45 a.m., the deceased Seetharamappa R. was driving a tempo bearing registration No.KA-40:A-4466 on Hospet-Kustagi road. At that time, a lorry bearing registration No.RJ-23:GA-3788 came in a rash and negligent manner and dashed against the tempo of the deceased. Due to the said impact, the said Seetharamappa R. fell down and sustained grievous injuries and succumbed to the same. Hence, the claimants, who are the legal representatives of the deceased filed a claim petition seeking compensation. 3.1 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded compensation of Rs.4,36,172/- with interest @ 6% p.a. - 4 - NC: 2025:KHC:9019 MFA No. 28 of 2023 3.2 Being aggrieved by the meager compensation awarded by the tribunal, the claimants are before this Court seeking enhancement of compensation. 4. It is the vehement contention of the learned counsel for appellants-claimants that the tribunal has committed an error in awarding consortium and loss of estate to an extent of Rs.5,000/- and Rs.2,500/- respectively, which is erroneous. Hence, the same requires to be corrected and enhanced. Learned counsel for appellant is not aggrieved with other order of compensation awarded by the tribunal. On these grounds, he seeks to allow his appeal and consequently enhance the compensation. 5. Per contra, learned counsel for respondent- Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal. - 5 - NC: 2025:KHC:9019 MFA No. 28 of 2023 6. Heard learned counsel for appellants-claimants and learned counsel for respondent-Insurance Company, a short point that would arise for consideration: “(i) Whether the appellants-claimants are entitled for compensation under the head loss of consortium ? 7. Having perused the impugned judgment and award, the occurrence of the accident, involvement of the vehicle, and the claim petition having been filed under Section 163-A of the Motor Vehicles Act, 1988 on the ground that no fault liability is not in dispute, so also the compensation award under other heads. 8. On careful perusal of the records and on hearing the submission of both the learned counsels, it is apparently seen that the tribunal has awarded Rs.5,000/- under the head loss of consortium, whereas in accordance to the judgment of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme - 6 - NC: 2025:KHC:9019 MFA No. 28 of 2023 Court Cases 680 each of the claimants would be entitled to Rs.40,000/- under the head loss of consortium. Therefore, the claimants are entitled for Rs.1,20,000/- (Rs.40,000/- x 3) along with 20% escalation towards two block periods, which would be Rs.1,44,000/- (Rs.1,20,000/- + 20%) under this head. 9. The tribunal awarded Rs.4,26,672/- towards loss of dependency, Rs.2,000/- towards transportation and funeral expenses and Rs.2,500/- towards loss of estate, which do not call for interference and the same are retained. 10. In view of the above, the claimants shall be entitled to a total compensation of Rs.5,75,172/- as against Rs.4,36,172/- as mentioned in the table below: Heads Amount in Rs. Loss of dependency 4,26,672-00 Loss of consortium 1,44,000-00 Transportation and funeral expense 2,000-00 Loss of estate 2,500-00 TOTAL 5,75,172-00 - 7 - NC: 2025:KHC:9019 MFA No. 28 of 2023 11. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 25.07.2022 passed in MVC.No.3921/2012 by the Court of the MACT, Court of Small Causes, Bengaluru, is modified; iii) The claimants shall be entitled to a sum of Rs.5,75,172/- as against Rs.4,36,172/- along with interest @ 6% p.a.; iv) The enhanced compensation amount shall be paid by the respondent-Insurance Company with interest at 6% p.a. within a period of four weeks from the date of receipt of a copy of this order; v) The Insurance Company shall deposit the amount before the tribunal, on such deposit the appellants-claimants shall be permitted to withdraw the amount. - 8 - NC: 2025:KHC:9019 MFA No. 28 of 2023 vi) All other terms and conditions stipulated by the tribunal are undisturbed and retained; vii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK