- 1 - NC: 2025:KHC:14263 MFA No. 1664 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1664 OF 2016 (MV) BETWEEN: 1. JAYAMMA , W/O L.R. NARASIMHA MURTHY, AGED ABOUT 45 YEARS, 2. L.R. NARASIMHA MURTHY, S/O LATE RANGAIAH, AGED ABOUT 55 YEARS, R/AT LAKSHIPURA, DASANAPURA, BANGALORE - 23. (APPELLANT NO.2 DELETED AS PER ORDER DATED 06.06.2022) …APPELLANTS (BY SRI. MAHADEVA SWAMY P, ADVOCATE; A1 TREATED AS LR'S OF DECEASED A2) AND: 1. T. KUMAR , THE MANAGING DIRECTOR, M/S T.S.M.CORGO MOVERS, NO.232, MANGAMMANAPALYA, BEGURU, BANGALORE - 560 068. AND ALSO HAVING OFFICE AT NO.30, OLD NO. 56/4, 2ND FLOOR, THOMMBICHEKTY STREET, CHENNAI - 600 001. 2. THE MANAGER CHOLAMANDALAM DBS FINANCE LTD BRNACH OFFICE AT NO:28/1, KENSINGTION ROAD, OFF M.G.ROAD, OPPOSITE TO GURUDWARA, NEAR ULSOOR, LAKE, BANGALORE - 560 042. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14263 MFA No. 1664 of 2016 3. THE ILS LOGISTIC PVT. LTD., REPTD. BY HIS DIRECTOR, BRANCH OFFICE AT FLAT NO.G-6, NAVEEN APARTMENTS. NO.10, 13TH MAIN ROAD, VASANTHNAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI. R2 SERVED AND UNREPRESENTED; VIDE ORDER DATED 17.04.2018, NOTICE TO R1 AND R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.15 PASSED IN MVC NO.571/11 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY 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 judgment and award passed in M.V.C. No. 571/2011 dated 14.07.2015 by the Member M.A.C.T & XX A.S.C.J, Bangalore, the claimants are before this court seeking enhancement of compensation. 2. It is the case of the claimants that the deceased was working in a private company and earning an amount of Rs.10,000/- per month. The Tribunal had taken the age of the mother and multiplier '14' has been adopted and without granting the 'future prospects', had granted the compensation as per the table given below: - 3 - NC: 2025:KHC:14263 MFA No. 1664 of 2016 Sl.No. Particulars Amount (in Rs.) 1. Loss of dependency 5,46,000.00 2. Funeral and obsequies ceremony 20,000.00 3. Loss of love and affection 20,000.00 4. Loss of estate 20,000.00 Total 6,06,000.00 3. Learned counsel appearing for the claimants submits that the Tribunal had not properly appreciated the evidence and the award passed by the Tribunal is contrary to the law as well as contrary to the evidence on record. Hence, the compensation needs to be enhanced. 4. The respondents have preferred an appeal and the same is dismissed for non-prosecution as there was no representation on several occasions by the respondents before this Court. 5. Having heard the learned counsel for the claimants, perused the material on record. In this case, the 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 of income at Rs.5,500/- as per the chart prepared by the Karnataka State Legal Services Authority. - 4 - NC: 2025:KHC:14263 MFA No. 1664 of 2016 Since the deceased was aged 22, 40% requires to be added to the monthly income towards 'future prospects', which would result in the income to be Rs.7,700/-. As he is a bachelor, 50% income has to be deducted towards his 'personal expenses' Then, his monthly income would be Rs.3,850/-. As the deceased was aged 22 years, a multiplier of '18' would have to be applied. Consequently, the claimants would be entitled to a sum of Rs.8,31,600/- (Rs.3,850 x 12 x 18 ) towards “loss of dependency”. The claimants being the father and mother, they would each be entitled to a sum of Rs.44,000/- towards “loss of consortium” i.e., in all Rs. 88,000/-. 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 claimants are therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:14263 MFA No. 1664 of 2016 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Dependency : Rs. 5,46,000.00 8,31,600.00 2. For funeral and obsequies : Rs. 20,000.00 36,000.00 3. Loss of love and affection : Rs. 20,000.00 88,000.00 4. Loss of estate : Rs. 20,000.00 -- 5. Legal expenses : Rs. -- 10,000.00 TOTAL : Rs. 6,06,000.00 9,65,600.00 Enhancement : Rs. 3,59,600.00 8. Altogether, the claimants are entitled for compensation of an amount of Rs.9,65,600/-. i) Accordingly, the appeal is partly allowed enhancing the compensation from an amount of Rs.6,06,000/- to Rs.9,65,600/- 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. - 6 - NC: 2025:KHC:14263 MFA No. 1664 of 2016 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 KA List No.: 1 Sl No.: 0 CT: BHK