- 1 - NC: 2025:KHC:17409 MFA No. 9225 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.9225 OF 2017(MV-D) BETWEEN: 1. SMT. UMA W/O LATE KRISHNA KUMAR @ KUMAR AGED ABOUT 36 YEARS 2. KUMARI ASHWINI D/O LATE KRISHNA KUMAR @ KUMAR AGED ABOUT 15 YEARS 3. KUMARI HEMA D/O LATE KRISHNA KUMAR @ KUMAR AGED ABOUT 13 YEARS 4. KUMARI AMRUTHA D/O LATE KRISHNA KUMAR @ KUMAR AGED ABOUT 11 YEARS PETITIONERS No.2 TO 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT.UMA ALL ARE RESIDING AT A HOSAHALLI, HULIYURDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572 130 …APPELLANTS (BY SRI H SURESH, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17409 MFA No. 9225 of 2017 AND: 1. SRI.THIRU R PERIYASAMY S/o THIRU RAMASAMY, AGE UNKNOWN, R/AT No.368/1, SRI RAM NAGAR, SELUM, TAMIL NADU-636 001 2. NATIONAL INSURANCE CO. LTD, No.74/A, PARAMATHY ROAD, NAMAKKAL, TAMIL NADU-637001 REPRESENTED BY ITS LEGAL OFFICER 3. SRI. DODDAIAH S/o CHIKKAHONNAIAH AGED ABOUT 66 YEARS 4. SMT. SAVITRAMMA W/o DODDAIDH AGED ABOUT 62 YEARS RESPONDENT Nos.3 AND 4 RESIDING AT A.HOSAHALLI, HULIYUR DURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT- 572 130 …RESPONDENTS (BY SRI JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 25.04.2025 NOTICE TO R3 D/W; R4-SAVITHRAMMA-SD) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.11.2012 PASSED IN MVC No.87/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT, KUNIGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - NC: 2025:KHC:17409 MFA No. 9225 of 2017 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 judgment and award passed in M.V.C.No.87/2011 dated 26th November 2012 by the Member M.A.C.T. and A.S.C.J., Kunigal, the appellants are before this Court seeking enhancement of compensation. The claim petition is filed seeking for compensation of an amount of Rs.15,00,000/- for the death of the deceased in the accident. 2. It is the case of the appellants that the deceased was earning an amount of Rs.20,000/- per month. The Tribunal had taken only Rs.5,200/- per month as salary of the deceased and had taken age as 36 years and multiplier ‘14’ has been adopted and had granted the compensation as per the table given below: Sl.No. Particulars Amount (in Rs.) 1. Loss of dependency 6,55,200.00 2. Loss of consortium 10,000.00 3. Loss of love and affection 10,000.00 4. Transportation of the body 10,000.00 Total 6,85,200.00 - 4 - NC: 2025:KHC:17409 MFA No. 9225 of 2017 3. Learned counsel for the appellants submits that the Tribunal had not properly appreciated the evidence and had not taken the income of the deceased properly and even under the conventional heads also the amount that has been granted by the Tribunal is on the lower side. The award passed by the Tribunal is contrary to the law. Hence, the compensation needs to be enhanced. 4. Learned counsel appearing for the insurance company submits that the Tribunal had rightly granted the compensation. 5. Having heard the learned counsel for the appellants, perused the material on record. In this case accident had taken place in the year 2010. Though there is no evidence on record with regard to the income, this Court is inclined to consider the notional income at Rs.5,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. “Future prospectus” 40% requires to be added to the monthly income which would result in the income of Rs.7,700/- per month. There are five claimants, 1/4th share has to be deducted towards personal expenses i.e., Rs.1925/- - 5 - NC: 2025:KHC:17409 MFA No. 9225 of 2017 and his contribution to the family is Rs.5,775/-. The claimants are entitled to an amount of Rs.10,39,500/- towards “loss of dependency” (Rs.5775 x 12 x 15), towards “loss of consortium” Rs.2,40,000/-, towards “funeral expenses” Rs.30,000/-, i.e., in all Rs.13,09,500/-. 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 claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Dependency : Rs. 6,55,200.00 10,39,500.00 2. Loss of consortium, : Rs. 20,000.00 2,40,000.00 3. Transportation of the body and funeral expenses : Rs. 10,000.00 30,000.00 4. Legal expenses : Rs. -- 10,000.00 TOTAL : Rs. 6,85,200.00 13,19,500.00 Enhancement : Rs. 6,34,300.00 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:17409 MFA No. 9225 of 2017 8. Altogether, the claimants are entitled for compensation of an amount of Rs.13,19,500/-. i) Accordingly, the appeal is partly allowed enhancing the compensation from an amount of Rs.6,85,200/- to Rs.13,19,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. ii) The respondent No.2 - 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 claimants are entitled to withdraw the entire amount without furnishing any security. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MR