- 1 - NC: 2025:KHC:16898 MFA No. 144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 144 OF 2025 (MV-D) BETWEEN: 1. SHIVAMMA, W/O LATE. LAKSHMINARAYANA, NOW AGED ABOUT 45 YEARS, 2. B.L. MANOJ, S/O LATE. LAKSHMINARAYANA, NOW AGED ABOUT 25 YEARS, 3. B.L. MAMATHA D/O. LATE. LAKSHMINARAYANA, NOW AGED ABOUT 23 YEARS, 4. SRI. SRINIVASAPPA S/O. LATE. NARAYANAPPA, NOW AGED ABOUT 81 YEARS, 5. SAROJAMMA W/O SRI. SRINIVASAPPA, NOW AGED ABOUT 67 YEARS, THE APPELLANT NO.1 TO 3 ARE RESIDING AT SINGANAYAKANAHALLI, MADAPPANAHALLI ROAD, YELAHANKA HOBLI, BANGALORE - 560 064 THE APPELLANT NO.4 AND 5 BOTH ARE RESIDING AT BACHAHALLI VILLAGE, KALAVARA, CHIKKABALLAPURA - 562 103. …APPELLANTS (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. M/S. BALAJI BULK MOVERS, REP BY SRI. JAYARAM IYER, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16898 MFA No. 144 of 2025 D.NO.147, ROOM NO. 01, VEMPALLI ROAD, YERRAGUNTLA, CUDDAPAH -516 001. 2. SHRIAM GENERAL INSURANCE CO. LTD., REP BY ITS MANAGER, NO.5/4, 3RD FLOOR, S.V. ARCADE, BILEKHAHALLI MAIN ROAD, OFF: B.G. ROAD, IIM ROAD, BANGALORE - 560 076. …RESPONDENTS (V/O/D 24/04/2025 NOTICE TO R1 D/W SRI.B.PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2024 PASSED IN MVC NO.2056/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURLU, (SCCH-25), 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.2056/2021 dated 04.06.2024 by the XXIII Additional Small Causes Judge & ACMM, Bangalore , whereby the Tribunal had granted compensation of an amount of Rs.26,22,500/-, the claimants are before this Court seeking enhancement of the compensation. 2. It is the case of the claimants that on 24.02.2021 at about 10:00 p.m., the deceased was proceeding in his motor - 3 - NC: 2025:KHC:16898 MFA No. 144 of 2025 cycle from Rajankunte towards Singanayakanahalli on Bangalore - Doddaballapura Main Road, slowly in extreme left side, when he reached near Honnenahalli U turn Rajankunte, a Cement Mixer Lorry driven by its driver came with high speed in a rash and negligent manner without following any traffic rules and regulations and took a right U turn without any signal and without right indicator and lost his control and came to the extreme right side of the said road and dashed against the motor cycle of the deceased and caused the accident. 3. Learned counsel appearing for the appellants/ claimants submits that the Tribunal had taken the income of the deceased at Rs.15,000/- per month and it is the case of the claimants that the deceased was earning an amount of Rs.25,000/- per month and the same was not considered by the Tribunal. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly considered the income of the deceased and granted the compensation. - 4 - NC: 2025:KHC:16898 MFA No. 144 of 2025 5. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused the order passed by the Tribunal. There is no evidence to show that the deceased was earning an amount of Rs.25,000/- per month and as this accident had occurred in the year 2021, the Tribunal had rightly taken the income of the deceased at Rs.15,000/- per month and had rightly granted the compensation and even under the conventional heads also, the compensation that is awarded by the Tribunal is just and reasonable. Hence, this Court finds no reasons to interfere with the well considered order passed by the Tribunal. 6. Accordingly, the appeal filed by the claimants is dismissed. i. No costs. ii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 40