- 1 - NC: 2025:KHC:4174 MFA No. 5488 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5488 OF 2023 (MV-D) BETWEEN: 1. KENCHAIAH S/O KARIYAPPA, NOW AGED ABOUT 50 YEARS, R/O SAASALU, A.K.COLONY, SETTYKERE HOBLI, C.N.HALLI TALUK, TUMAKURU DISTRICT-572214 2. GOWRAMMA W/O KENCHAIAH, NOW AGED ABOUT 47 YEARS, R/O SAASALU, A.K.COLONY, SETTYKERE HOBLI, C.N.HALLI TALUK, TUMAKURU DISTRICT-572214 3. S.B. ABISHEK S/O KENCHAIAH, NOW AGED ABOUT 18 YEARS, R/O SAASALU, A.K.COLONY, SETTYKERE HOBLI, C.N.HALLI TALUK, TUMAKURU DISTRICT-572214 4. S K JYOTHY W/O GANGADHAR, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4174 MFA No. 5488 of 2023 NOW AGED ABOUT 24 YEARS, R/O N MAVINAHALLY VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT-572227. …APPELLANTS (BY SRI. CHANDRASHEKARA K A.,ADVOCATE) AND: 1. P.T. NINGAPPA S/O LATE THIMMANNA, AGED ABOUT 52 YEARS, R/O PINNAENAHALLI, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 2. SBI GENERAL INSURANCE COMPANY GROUND FLOOR NO.3/1, RUKMINI TOWERS, PLAT FORM ROAD, SESHADRIPURAM, BENGALURU-560020. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI.B.PRADEEP.,ADVOCATE FOR R2) (NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 16.08.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2023 PASSED IN MVC NO. 732/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE - 3 - NC: 2025:KHC:4174 MFA No. 5488 of 2023 AND J.M.F.C., XIX MACT, CHIKKANYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the Claimants being dissatisfied with the judgement and award passed by the Senior Civil Judge and JMFC and XIX MACT at Chikkanayakanahalli in MVC.No.732/ 2021. 2. This appeal is premised only the ground that the tribunal has failed to award suitable compensation under the head loss of consortium to all the claimants/dependants. The appellant is not aggrieved by the compensation awarded under other heads. Learned counsel for the appellants restricts his argument only to the enhancement under the head loss of consortium. 3. This Court need not delve into the merits of the matter. The occurrence of accident, the liability, the - 4 - NC: 2025:KHC:4174 MFA No. 5488 of 2023 injuries, the death having occurred and the same is not in dispute. The short point for consideration is whether the appellants are entitled to consortium, it should be in the form of love and affection on the death of one Dinesh who is the son of the appellant Nos.1 and 2 and brother of appellant Nos.3 and 4. The loss of dependency at Rs.22,68,000/- is retained, funeral expenses, loss of estate at Rs.15,000/- each is retained. Towards consortium tribunal has awarded Rs.40,000/- only which is question here in. 4. I am in agreement with learned counsel for the appellant the tribunal has committed an error in not awarding consortium at the rate of Rs.40,000/- per person who are parents and brother and sister of the deceased. Whether the brother and sister are married, working, employed would not matter as they have lost their loved ones. In the present case, therefore, consortium will have to be awarded at the rate of Rs.40,000/- per person as held by Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and - 5 - NC: 2025:KHC:4174 MFA No. 5488 of 2023 others reported in (2017) 16 Supreme Court Cases 680. 5. Under the circumstances Rs.40,000/- per person would be Rs.1,60,000/-, Rs.16,000/- will have to be added as 10% estimation as contemplated in the judgment of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680. 6. In view of the above discussions, appellants would be entitled for a total compensation of Rs.24,74,000/- as against Rs.23,38,000/- as mentioned in the table below: Heads Amount in Rs. Loss of dependency 22,68,000.00 Funeral expenses 15,000.00 Loss of Consortium 40,000.00 Loss of estate 15,000.00 TOTAL 24,74,000-00 - 6 - NC: 2025:KHC:4174 MFA No. 5488 of 2023 7. Accordingly I pass the following order. ORDER i. Appeal is allowed in part. ii. The judgment and award dated 06.01.2023 passed by the Senior Civil Judge and JMFC XIX MACT. at Chikkanayakanahalli in MVC.No.732/2021 is modified; iii. The appellants should be entitled to total compensation of Rs.24,74,000/- as against Rs.23,38,000/- along with interest at 6% per annum. All other conditions of deposit and apportionment ordered by the tribunal stands intact. iv. The balance compensation shall be paid within a period of 4 weeks from the date of receipt of copy of the order. v. Ordered accordingly Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8