- 1 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6263 OF 2021(MV-D) BETWEEN: 1. PRITI CHOUDHARY @ PRITI, W/O. LATE ANAND KUMAR CHOUDHARY, AGED ABOUT 33 YEARS, 2. ABHILASH CHOUDHARY, S/O. LATE ANAND KUMAR CHOUDHAR, AGED ABOUT 16 YEARS, 3. PRIYANKA CHOUDHARY, D/O LATE ANAND KUMAR CHOUDHARY AGED ABOUT 15 YEARS, 4. PRIYANSHI CHOUDHARY, D/O LATE ANAND KUMAR CHOUDHARY AGED ABOUT 11 YEARS, ALL ARE RESIDING AT: HOUSE NO.38, WARD NO.03, GRAMBICHU AND POST, NEAR KHERMAI TEMPLE, KATNI TALUK TEORI DISTRICT, BAHARIBAND, MADHYA PRADESH. THE PETITIONER NO.2 TO 4 ARE MINORS HENCE REPRESENTED BY THEIR MOTHER NAMELY PRITI CHOUDHARY. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE (VC) ) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 AND: 1. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., 5TH AND 6TH FLOOR, KRUSHI BHAVAN, BUILDING, HUDSON CIRCLE, BANGALORE-01. 2. MRS. PREETHI MANGALA, W/O. PAUL PRATHAP, R/AT PREETHI NILAYA, NO.29/30 RBV REDDY LAYOUT, 3RD CROSS, SHAKTHINAGAR, HORAMAVU BENGALURU-43. …RESPONDENTS (BY SMT. GEETHA, ADVOCATE FOR R1; R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2021 PASSED IN MVC NO.1159/2019 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 ORAL JUDGMENT Heard Sri.Shripad V Shastri learned counsel for the appellants who appears thorugh video conference. Also heard Smt.Geetha.R learned counsel for respondent No.1 who appears physically before this Court. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.1159/2019 dated 25.01.2021, the present appeal is filed by the claimants therein. 3. Learned counsel for the appellants submits that the deceased Anand Kumar Choudhary was earning Rs.16,000/- per month by the date of accident as lorry driver. Though sufficient proof was produced before the Tribunal in respect of the occupation, the Tribunal took the Notional Income as Rs.10,000/- only and awarded meager sum as compensation and aggrieved by the same, the - 4 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 present appeal is filed. Learned counsel thereby seeks to enhance the compensation. 4. Smt.Geetha.R learned counsel for respondent No.1 on the other hand contends that the appellants did not even file any proof to show that the deceased Anand Kumar Choudhary was holding valid driving license to drive heavy vehicles or atleast light motor vehicles as on the date of the accident. Learned counsel thereby states that appellants are not entitled for any enhancement. 5. In reply to the submission thus made, learned counsel for appellants contends that the accident occurred in the year 2018 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.12,500/- per month and atleast the said figure should have been considered by the Tribunal. Smt.Geetha.R did not raise any objection for considering the notional income of the deceased Anand Kumar Choudhary as Rs.12,500/- per month as pleaded by - 5 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 learned counsel for the appellants. Therefore, taking the notional income of the deceased Anand Kumar Choudhary as Rs.12,500/- per month and without disturbing other parameters i.e, adding of 40% towards future prospects, deduction of 1/4th towards personal and living expenses which the deceased Anand Kumar Choudhary would have incurred for himself had he been alive and applying appropriate multiplier '16', the compensation which the appellants are entitled to under the head loss of dependency is as under: Description Amount In Rs. Notional monthly income 12,500-00 Annual Income (12,500X12) 1,50,000-00 Add 40% towards future prospects (1,50,000+40%) 2,10,000-00 Deduct 1/4th towards personal and living expenses 1,57,500-00 Loss of dependency, on applying appropriate multiplier '16' 25,20,000-00 6. Thus, the appellants are entitled to a sum of Rs.25,20,000/- under the head 'loss of dependency'. However, the Tribunal awarded a sum of Rs.20,16,000/- - 6 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 only under the said head. Thus, enhancement will be Rs.5,04,000/- (Rs.25,20,000/- - Rs.20,16,000/-). Thus the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.1159/2019 dated 25.01.2021 is enhanced by Rs.5,04,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. (v) The apportionment made by the Tribunal applies to the enhanced sum as well. (vi) Appellant No.1 is permitted to withdraw her share on such deposit. - 7 - HC-KAR NC: 2025:KHC:20317 MFA No. 6263 of 2021 (vii) The amount that fell to the share of appellant Nos.2 to 4 shall be kept in fixed deposit in any Nationalised Bank till they attain the age of majority. (viii) On their attaining the age of majority, they are entitled to withdraw the same without furnishing any security. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 44