- 1 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.6243 OF 2021(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.6233 OF 2021(MV-I) IN MFA No. 6243/2021 BETWEEN: 1. A. REDDEPPA REDDY S/O LATE A. KRISHNAREDDY, AGED ABOUT 50 YEARS. 2. SMT. A. TEJOVATHI W/O A. REDEPPA REDDY AGED ABOUT 45 YEARS, BOTH ARE RESIDING AT NO.4-4, BANDLAPALLI VILLAGE, DHARMAVARAM PALLI, PUNGANUR MANDAL, CHITTOR DISTRICT, ANDHRA PRADESH. …APPELLANTS (BY SRI. KAILAS SHANKAR P S., ADVOCATE) AND: 1. M/S. MOTHER THERESA INSTITUTE OF ENGINEERING AND TECHNOLOGY, REP. BY ITS CORRESPONDENT SRI. M. RAVIDRA BABU, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 GANGAVARAM, CHITTOR DISTRICT, ANDHRA PRADESH -517 408. 2. THE MANAGER, THE UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, NO. 18, 5TH FLOOR, KRISHI BHAVAN, OPP: HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE-560 001 …RESPONDENTS (BY SRI. Y.P. VENKATAPATHI, ADVOCATE FOR R2; V/O/D 30.06.2022, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2021 PASSED IN MVC NO. 3607/2019 ON THE FILE OF THE JUDGE AND ACMM AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-9) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6233/2021 BETWEEN: A VENKATAREDDY S/O. A. REDDEPPA REDDY, AGED ABOUT 21 YEARS, RESIDING AT NO 4-4, BANDLAPALLI VILLAGE, DHARMAVARAMPALLI, PUNGANUR MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH ...APPELLANT - 3 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 (BY SRI. KAILAS SHANKAR P S., ADVOCATE) AND: 1. M/S. MOTHER THERESA INSTITUTE OF ENGINEERING AND TECHNOLOGY, REP. BY ITS CORRESPONDENT SRI. M. RAVIDRA BABU, GANGAVARAM, CHITTOR DISTRICT, ANDHRA PRADESH -517 408. 2. THE MANAGER, THE UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, NO. 18, 5TH FLOOR, KRISHI BHAVAN, OPP: HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE-560 001 ...RESPONDENTS (BY SRI. Y.P. VENKATAPATHI, ADVOCATE FOR R2; V/O/D 30.06.2022, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 24.02.2021 PASSED IN MVC NO.3608/2019 ON THE FILE OF THE JUDGE, ACMM, MACT, BENGALURU, (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR - 4 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 COMMON ORAL JUDGMENT These two appeals are preferred by the claimants being dissatisfied by the impugned judgement and award passed by the Civil Judge & ACMM, Motor Accidents Claims Tribunal, Bengaluru. MFA No.6243/2021 is preferred by the legal representatives/dependants of deceased A.Lakshmi alias A.Mahalakshmi in MVC No.3607/2019 and MFA No.6233/2021 is preferred by the claimant Sri.A.Venkat Reddy who was a rider of the motorcycle in MVC.No.3608/2019. In both these appeals the claimants are seeking enhancement of compensation. 2. Brief facts of the case are as under: One Sri.A.Venkat Reddy was riding a motorcycle bearing registration number AP-03-BJ-9235 along with the pillion rider A.Lakshmi alias A.Mahalakshmi who is none other than his sister. On 15/04/2019 when they reached near Thopumatam, Punganur Town, Chittor District, at that time college bus bearing registration number AP-21- - 5 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 TT-1899 came from the opposite direction in a rash and negligent manner and dashed against the motorcycle due to which both the rider as well as the pillion rider fell down suffered severe injuries unfortunately the pillion rider Smt A.Lakshmi alias A.Mahalakshmi succumbed to the injuries on 16.04.2019. Due to the unfortunate death of the pillion rider and the injuries sustained by the rider stated herein above claimants preferred two claim petitions seeking compensation for the death as well as the injuries sustained in the road traffic accident. 3. Upon service of notice respondent No.1 remained absent and was placed ex-parte. Respondent No.2 - Insurance Company denied the claim of the claimant and sought for dismissal of the claim petition by urging several grounds. 4. On the basis of the evidence adduced and materials placed on record in both the cases, the tribunal awarded compensation of Rs.19,57,459/- in the case of death of Smt A.Lakshmi alias A.Mahalakshmi in - 6 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 MVC.No.3607/2019 along with interest at 6 percent per annum and awarded Rs.9,45,290/- in the case of injuries to Sri.T.A.Venkat Reddy in MVC No.3608 of 2019 along with interest at 6 percent per annum. 5. It is the contention of learned counsel for the appellant in both the cases, the compensation awarded by the tribunal is on the lower side, the same requires to be enhanced. The tribunal has failed to take correct income for computation of compensation. So also the tribunal has not awarded just and reasonable compensation on all other heads including loss of estate, future medical expenses, loss of income during laid up period, towards food, conveyance and attendance charges. On these grounds learned counsel in both the cases seeks enhancement of compensation. 6. Per contra, learned counsel appearing for the Insurance Company sustains the impugned order on the ground that just and reasonable compensation is awarded on the basis of materials placed on record and contends no - 7 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 further enhancement is required to be granted. On these grounds he seeks for dismissal of the appeals. 7. I have heard the learned counsel for the appellant and learned counsel for the respondent. The occurrence of accident, involvement of vehicles, death having occurred due to the road traffic accident, injuries sustained by the rider of the motorcycle are proved and established by production of the exhibits in the respective cases. Negligence is rightly attributed against the driver of the offending bus. 8. Coming to the aspect of awarding compensation in the death case i.e, in MVC No.3607 /2019, the tribunal has taken the income at Rs.12,000/- per month. The accident having occurred in the year 2019, Rs.14,000/- is required to be taken as notional income accordingly it is taken. 40% has been added by the tribunal towards future prospects which does not call for interference. As the deceased was unmarried 50% is deducted towards - 8 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 personal living expenses which also is correct and does not call for interference. 9. The multiplier is taken at 18. Same is correct and does not call for interference. Therefore the loss of dependency in the present case would be Rs.14,000/- + 40% be Rs.19,600/- X 50% deducted towards personal living expenses be 9,800 X 12 X 18 would be Rs.21,16,800/- as against Rs.18,14,400/-. 10. There being two dependents each would be entitled to Rs.40,000/- per person as consortium along with 10% escalation of Rs.8000/- as per the judgement in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680. 11. Towards funeral and obsequies ceremonies Rs.15,000/- granted is retained. Tribunal has failed to award compensation towards loss of a estate hence, - 9 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 Rs.15,000 is granted under this head. Towards medical expenses Rs.48,059/- awarded is retained. 12. In view of the above discussions the appellants in the case of death of Smt A.Lakshmi alias A.Mahalakshmi shall be entitled to total compensation of Rs.22,82,859/- as against Rs.19,57,459/- as mentioned in the table below: Heads Amount in Rs. Loss of dependency 21,16,800.00 Towards Filial Consortium 80,000.00 Towards escalation 8,000.00 Towards funeral and obsequies ceremonies 15,000.00 Medical expenses 48,059.00 Towards loss of estate 15,000.00 TOTAL 22,82,859-00 13. In the case of injuries sustained by Sri.A.Venkat Reddy who was the rider, the tribunal has failed to award - 10 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 any compensation towards loss of future earning capacity due to disability. The income in the present case also requires to be taken at Rs.14,000/- per month since the age of the claimant is 17 years multiplier is to be taken at 18. Doctor has been examined in this case as PW3 who was opined disability to an extent of 14% to the whole body which the tribunal has ignored and not awarded any compensation towards loss of future earning capacity due to disability. Hence, under this head claimant would be entitled to compensation accepting the opinion expressed by the doctor of disability at 14%. Therefore the loss of future earning capacity due to disability would be Rs.14,000/- X 12 X 18 X 14% be Rs.4,23,360/-. 14. Towards pain and suffering Rs.1,00,000/- awarded is retained. Towards medical expenses Rs.7,39,290/- is retained. Towards future amenities Rs.50,000/- is retained. Towards food, nourishment, conveyance attendant charges Rs.40,000/- is awarded as against Rs.20,000/-. Towards loss of income during laid up - 11 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 period at the rate of Rs.14,000/- per month for 3 months it would be Rs.42,000/- as against Rs.36,000/-. 15. Tribunal has failed to award any amount of compensation under the head future medical expenses, same is awarded at Rs.30,000/-. 16. In view of the above discussions, the claimant in the injury case Sri.A.Venkata Reddy would be entitled to total compensation of **Rs.14,24,650/- as against Rs.9,45,290/- as mentioned in the table below: Heads Amount in Rs. Loss of future income 4,23,360.00 Pain and suffering 1,00,000.00 Medical expenses 7,39,290.00 Loss of income during laid up period 42,000.00 Food and nourishment, conveyance and attendant charges 40,000.00 * Future Medical Expenses *30,000/- Loss of future amenities 50,000.00 TOTAL *14,24,650.00 * Corrected and inserted vide Court Order dated 12.03.2025 ** Corrected vide Chamber Order dated 05.08.2025 - 12 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 17. In view of the above discussions made herein above, I pass the following order: ORDER i) Both the appeals are allowed in part. ii) The appellants are entitled to enhancement of compensation in both the cases. iii) The judgement and award passed by the tribunal in both the cases are modified. iv) Appellant in MFA No.**6243/2021 in MVC No.3607/2019 is entitled to total compensation of Rs.22,82,859/- along with 6% interest per annum. v) Appellant in MFA No.6233/2021 in MVC.No.3608 /2019 is entitled to total compensation of Rs. * 14,24,650.00/- along with 6% interest per annum. vi) All other terms and conditions stipulated by the tribunal stands intact with regard to apportionment, release and deposit. vii) The balance compensation amount shall be paid by the Insurance Company within a period of 4 weeks from the date of receipt of copy of this order. * Corrected vide Court Order dated 12.03.2025. ** Corrected vide Chambers Order dated 05.08.2025 - 13 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 viii) The enhanced compensation amount in the case of injuries Sri.A.Venkat Reddy shall be released in his favour upon proper identification. ix) Ordered accordingly Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 3 CT:SNN - 14 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [A REDDEPPA REDDY AND ANOTHER VS. M/S MOTHER THERESA INSTITUTE OF ENGINEERING AND TECHNOLOGY AND ANOTHER] 12.03.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR In MFA No.6233/2021 ORAL ORDER ON 'FOR BEING SPOKEN TO' These matters are moved before this Court for rectification of the typographical error committed in calculating the total of compensation in MFA No.6233/2021 arising out of MVC No.3608/2019. This Court at paragraph 15 has awarded Rs.30,000/- towards future medical expenses, but the same is not included in the total under the heads just below paragraph 16 in tabular form. Therefore, this amount would have to be added as it is not included in the grand total. This amount of Rs.30,000/- shall be added towards future medical expenses. Therefore, the grand total would consequently change to Rs.14,24,650/-. Learned counsel for respondent No.2-Insurance Company, who is present before the Court and submits that he - 15 - NC: 2025:KHC:6591 MFA No. 6243 of 2021 C/W MFA No. 6233 of 2021 has no objections for incorporating this error committed. Accordingly, the same is included and corrected. A free copy of the order shall be provided to both the parties upon rectification. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 1