- 1 - NC: 2025:KHC:17291 MFA No. 4843 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.4843 OF 2017(MV-I) BETWEEN: SMT. GEETHA B BHAT, W/O LATE BALACHANDRA BHAT, AGED ABOUT 43 YEARS, R/AT BHAGYASHREE NILAYA, THAREKAMBLA, BAJPE, MANGALURU TALUK, D.K.DISTRICT - 575 009. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR. VIJAYA PRAKASH, S/O GREGORY CUTINHA, ADULT, OCCUPATION NOT KNOWN, R/AT DOOR NO.1-125, BENJANAPADAVU HOUSE, AMMUNJE POST, BANTWAL TALUK, D.K.DISTRICT - 574 219. 2. THE ORIENTAL INSURANCE CO. LTD., OFFICE AT SATHISHA COMPLEX, OPPOSITE GOVINDA DAS COLLEGE, SURATHKAL, MANGALURU TALUK, D.K. – 575 012. REPRESENTED BY ITS BRANCH MANAGER. 3. SUKANYA, D/O LATE BALACHANDARA BHAT, AGED ABOUT 25 YEARS, R/AT BHAGYASHREE NILAYA, THAREKAMBLA, BAJPE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17291 MFA No. 4843 of 2017 MANGALURU TALUK, D.K.DISTRICT - 575 009. …RESPONDENTS (BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R2; R1 AND R3 DISPENSED WITH VIDE ORDER DATED 14.09.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2017 PASSED IN MVC NO.1704/2015 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AND II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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. 1704/2015 dated 25.01.2017, by the M.A.C.T. and II Addl. Senior Civil Judge, Mangaluru, D.K., the claimant is before this Court seeking enhancement of the compensation. 2. The claimants have filed the claim petition seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased. It is the case of the claimant that the deceased was earning an amount of Rs.25,000/- per month by doing catering business and the Tribunal had taken the income at Rs.8,000/- and deducted 50% and granted the compensation of - 3 - NC: 2025:KHC:17291 MFA No. 4843 of 2017 an amount of Rs.13,08,000/-. In that, an amount of Rs.5,40,000/- was granted towards 'medical expenses' and Rs.15,000 towards 'attendance charges, etc.' 3. Learned counsel appearing for the claimant submits that when it is the case of the claimant that the deceased was earning an amount of Rs.25,000/-, the Tribunal ought not to have not taken income at Rs.8,000/-. Further, it is submitted that the Tribunal ought to have deducted 1/3rd, but the Tribunal had deducted 50% and the compensation that is awarded by the Tribunal is not reasonable compensation. 4. Learned counsel appearing for the respondent - Insurance Company submits that the Tribunal had rightly granted compensation and there are no grounds to interfere with the well considered order passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. This accident had taken place in the year 2015 and this Court is taking income at Rs.9,000/- as per the chart prepared by the Karnataka State Legal Services Authority. Since the deceased was aged 55, 10% requires to be added to the monthly income towards 'future - 4 - NC: 2025:KHC:17291 MFA No. 4843 of 2017 prospects', which would result in the income to be Rs.9,900/-. If 1/3rd is deducted towards 'personal expenses', it would come to Rs.3,300/- and his contribution to the family is Rs.6,600/-. As the deceased was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimants would be entitled to a sum of Rs.8,71,200/- (Rs.6,600 x 12 x 11 ) towards 'loss of dependency'. The claimants being the wife and daughter, they would each be entitled to a sum of Rs.44,000/- towards 'loss of consortium' i.e., in all Rs.88,000/- and they would also be entitled to a sum of Rs.36,000/- towards 'funeral expenses'. The Tribunal had granted the compensation of an amount of Rs.5,40,000/- and Rs.15,000/- under the heads of 'medical expenses' and 'Attendant charges, etc.' respectively and this Court finds no reasons to interfere with the same. 7. 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. 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:17291 MFA No. 4843 of 2017 8. 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 Consortium : Rs. 1,00,000.00 88,000.00 2. Towards love and affection : Rs. 1,00,000.00 --- 3. Funeral and other incidental charges : Rs. 25,000.00 36,000.00 4. Loss of dependency : Rs. 5,28,000.00 8,71,200.00 5. Towards medical expenses : Rs. 5,40,000.00 5,40,000.00 6. Attendant charges, extra food and nourishment, conveyance charges : Rs. 15,000.00 15,000.00 7. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 13,08,000.00 15,60,200.00 Enhancement : Rs. 2,52,200.00 9. Altogether, the claimants are entitled for compensation of an amount of Rs.15,60,200/-. - 6 - NC: 2025:KHC:17291 MFA No. 4843 of 2017 10. Accordingly, the appeal of the claimants is partly allowed enhancing the compensation from an amount of Rs.13,08,000/- to Rs.15,60,200/-. 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 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. iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the judgment 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 CT: sn