- 1 - NC: 2025:KHC:15414 MFA No. 581 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 581 OF 2018 (MV-D) BETWEEN: KUMARI SHOBHA D/O LATE GOPALA DEVADIGA AGED 57 YEARS R/AT D NO.2-100 LAXMI NIVAS OPP. DERABAIL CHURCH DERABAIL, KONCHADY MANGALURU …APPELLANT (BY SRI.GURUPRASAD B.R., ADVOCATE) AND: 1. THE NATIONAL INSURANCE CO. LTD., BR OFF: SHRI MANJUNATHESHWARA COMPLEX BUS STAND ROAD, P.B. NO.112 HASSAN-573 201 REPRESENTED BY ITS MANAGER 2. VIJAY FERNANDES S/O B.S.FERNANDES AGED 45 YEARS R/AT PUTRABAILU HOUSE LAILA VILLGE AND POST BELTHANGADY TALUK 3. KARIYAPPA VENKATE GOWDA AGED ABOUT 47 YEAR0S, HARALA HALLI HOLE NARASIPUR TALUK Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15414 MFA No. 581 of 2018 HASSAN DISTIRCT-573 211 …RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R1 V/O/D 28/3/2018, NOTICE TO R2 & R3 D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.11.2012 PASSED IN MVC NO.292/11 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.292/2011 dated 22.11.2012 by the Ist Additional Senior Civil Judge and Member, Motor Accident Claim Tribunal, Mangalore, the appellant/claimant is before this Court. 2. The claim petition was filed seeking compensation of an amount of Rs.12,00,000/- for the death of the deceased in the accident. It is the case of the claimant that on 24.12.2010 at about 10:30 p.m., when the deceased was proceeding in a Maxi cab at Velthaje of Kaukrady village of Puttur Taluk, at that time, the driver of the said Maxi cab had driven it in a rash and negligent manner and lost control over it and hit to the - 3 - NC: 2025:KHC:15414 MFA No. 581 of 2018 Velthage bridge and plunged into 25 feet water channel. Due to the impact, the deceased had sustained fatal injuries and died on the spot. 3. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Transportation of dead body, funeral expenses and incidental charges : Rs. 10,000/- 2. Loss of love and affection : Rs. 10,000/- 3. Loss of dependency : Rs. 3,84,000/- TOTAL : Rs. 4,04,000/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had considered the income of the deceased at Rs.4,000/- per month and as the accident had taken place in the year 2010, the Tribunal ought to have taken the income at Rs.5,500/- per month and the compensation needs to be enhanced. 5. Learned counsel appearing for respondent No.1/ Insurance Company submits that this is an accident that had taken place in the year 2010 and this Court is taking the - 4 - NC: 2025:KHC:15414 MFA No. 581 of 2018 income at Rs.5,500/- per month. As the deceased was aged about 33 years at the time of the accident, future prospects at 40% comes to an amount of Rs.2,200/- and it will come to an amount of Rs.7,700/- per month (Rs.5,500+2,200/-) and 50% has to be deducted towards personal expenses and it will come to an amount of Rs.3,850/- per month. Hence, towards loss of dependency, this Court is granting an amount of Rs.7,39,200/- (Rs.3,850×12×16). Towards consortium, an amount of Rs.44,000/- is granted and towards funeral expenses, an amount of Rs.36,000/- is granted. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Transportation of dead body, funeral expenses and incidental charges : Rs. 10,000/- 36,000/- 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:15414 MFA No. 581 of 2018 2. Love and affection : Rs. 10,000/- 00/- 3. Loss of dependency : Rs. 3,84,000/- 7,39,200/- 4. Loss of consortium : Rs. 00/- 44,000/- 5. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,04,000/- 8,29,200/- Enhancement : Rs. 4,25,200/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.8,29,200/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,04,000/- to Rs.8,29,200/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.1 - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. On 04.10.2023, the delay of 1786 days is condoned by this Court, on the condition that the - 6 - NC: 2025:KHC:15414 MFA No. 581 of 2018 claimant will not be entitled for the interest, in case of enhancement. Hence, the Insurance Company is not liable to pay the interest for the delay period. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 8