- 1 - NC: 2025:KHC:17570 MFA No. 6481 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6481 OF 2018 (MV-D) BETWEEN: 1. SRI. RAMESH B S/O. LATE. BALAKRAISHNAN, AGED ABOUT 36 YEARS, 2. PRABHAVATHI B D/O. LATE. BALAKRAISHNAN, AGED ABOUT 30 YEARS BOTH ARE R/AT NO.124, 27TH CROSS, OLD BAGALUR LAYOUT, BANGALORE - 45. …APPELLANTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION LTD., CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA - 562 101. …RESPONDENT (BY SMT. S. NIRMALA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.06.2018, PASSED IN MVC NO.676/2017 ON THE FILE OF THE VIII ADDITIONAL SCJ & XXXIII ACMM, MEMBER, MACT, BENGALURU [SCCH-5], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR PART HEARD, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17570 MFA No. 6481 of 2018 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.676/2017 dated 18.06.2018 by the VIII Addl. Senior Civil Judge and XXXIII ACMM, Member-MACT, Bengaluru, the appellants/ claimants are before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.40,00,000/- for the death of the deceased in the road traffic accident. 2. It is the case of the claimants that on 05.12.2016 at about 11.20 a.m., the deceased was riding the motorcycle slowly and cautiously observing all traffic norms on the extreme left side of the said road from Bangalore direction, at that time a KSRTC Bus which was coming from the opposite direction at a very high speed in rash and negligent manner and dashed against the said motor cycle. Consequently, the said deceased sustained grievous injuries on his body and succumbed to the injuries on the spot. 3. The Tribunal had granted the compensation as per the table given below: - 3 - NC: 2025:KHC:17570 MFA No. 6481 of 2018 SL. No. Heads Compensation Awarded 1. Loss of love and affection (Rs.50,000/- each to petitioner Nos.1 and 2) : Rs. 1,00,000/- 2. Funeral expenses : Rs. 15,000/- TOTAL : Rs. 1,15,000/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.1,15,000/-. Aggrieved thereby the appellants are before this Court seeking enhancement of the compensation. 5. Learned counsel for the appellants/claimants submits that the Tribunal had granted the compensation of an amount of Rs.1,15,000/-. It is submitted that under the head of loss of dependency, no amount is granted by the Tribunal. The amount that is granted by the Tribunal is not just and reasonable. 6. Learned counsel appearing for respondent/KSRTC submits that the Tribunal had granted reasonable compensation and there are no grounds seeking interference with the well considered order passed by the Tribunal. - 4 - NC: 2025:KHC:17570 MFA No. 6481 of 2018 7. Having heard the learned counsels on either side, perused the entire material on record. It is the case of the death. The Tribunal has to calculate the compensation under the head of loss of dependency. As this accident was occurred in the year 2016, as per the notional income this Court is taking the income at Rs.9,500/- per month, future prospects of 40% would come to Rs.3,800/-. The income of the deceased is Rs.13,300/-. 50% has to be deducted towards his personal expenses i.e., Rs.6,650/-, then towards loss of dependency this Court is granting an amount of Rs.12,76,800/- (6,650X12X16). Then towards loss of consortium, this Court is granting an amount of Rs.88,000/-. This Court is granting an amount of Rs.36,000/- towards funeral expenses. 8. 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. 9. The claimants are therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:17570 MFA No. 6481 of 2018 SL. No. Heads Compensation Awarded by Tribunal Compensati on Awarded by this Court 1. Loss of dependency : Rs. - 12,76,800/- 2. Loss of love and affection (Consortium) : Rs. 1,00,000/- 88,000/- 3. Funeral expenses : Rs. 15,000/- 36,000/- 4. Legal Expenses : Rs. - 10,000/- TOTAL : Rs. 1,15,000/- 14,10,800/- Enhancement amount : Rs. 12,95,800/- 10. Altogether, the claimants are entitled for compensation of an amount of Rs.14,10,800/-. 11. Accordingly, the appeal of the claimants is partly allowed enhancing the compensation from an amount of Rs.1,15,000/- to Rs.14,10,800/-. The KSRTC is liable to pay the compensation. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent-KSRTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw - 6 - NC: 2025:KHC:17570 MFA No. 6481 of 2018 the entire amount without furnishing any security. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 1 CT:SK