- 1 - NC: 2025:KHC:15411 MFA No. 7641 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7641 OF 2018 (MV-D) BETWEEN: 1. SMT. SANTHOSH KUMARI W/O LATE SHAM LAL, AGED ABOUT 35 YEARS 2. KUM .PREETHI DEVI D/O LATE SHAM LAL, AGED ABOUT 12 YEARS 3. MAS.ARJUN KHAJURAICA S/O LATE SHAM LAL, AGED ABOUT 10 YEARS 4. KUM. SHIVANI DEVI D/O LATE SHAM LAL, AGED ABOUT 8 YEARS 5. SMT GUDDO DEVI W/O MULKH RAJ, AGED ABOUT 60 YEARS 6. SRI MULKH RAJ S/O LATE AMARNATH, AGED ABOUT 64 YEARS, ALL ARE R/OF WARD NO.2, NEAR GHS HOTTAR, BILLAWAR, HUTTAR, KATHUA, JAMMU AND KASHMIR STATE …APPELLANTS (BY SRI.K.T.MADHU, ADVOCATE) AND: 1. MR PUSA LAL JAT S/O LATE SHRI NAND LAL JI JAT, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15411 MFA No. 7641 of 2018 WARD NO.33, HARNI KALA, BHILWARA-311001 RAJASTHAN STATE 2. THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G.ROAD, BANGALORE-01 (REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI.K.KISHORE KUMAR REDDY, ADVOCATE FOR R2 V/O/D 30.05.2024- NOTICE TO R1 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.06.2018 PASSED IN MVC NO.8222/2016 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU [SCCH-11], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.8222/2016 dated 22.06.2018 by the I Additional Small Causes Judge and XXVII ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH-11), the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased in the accident. - 3 - NC: 2025:KHC:15411 MFA No. 7641 of 2018 2. The claimants are six in number. It is the case of the claimants that on 08.08.2016 at about 12 p.m., while the deceased was standing on extreme side of the 5th cross, H- Siddaiah Road, Wilson Garden, Bangalore, at that time, a lorry driven by its driver in rash and negligent manner came at high speed in a reverse manner and dashed against the deceased. Due to the impact, the deceased fell down sustaining grievous injuries all over the body. Immediately after the accident, he was shifted to Agadi Hospital, Bangalore where the duty doctor declared brought dead. According to the claimants, the deceased was earning an amount of Rs.40,000/- per month. 3. The Tribunal had considered the income of the deceased at Rs.8,000/- per month and deducted 1/4th of the income and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of Estate : Rs. 15,000/- 2. Loss of Consortium : Rs. 40,000/- 3. Funeral expenses : Rs. 15,000/- 4. Love and affection : Rs. 30,000/- 5. Loss of dependency : Rs. 10,80,000/- TOTAL : Rs. 11,80,000/- - 4 - NC: 2025:KHC:15411 MFA No. 7641 of 2018 4. Learned counsel appearing for the appellants/ claimants submits that the Tribunal ought not to have taken the income at Rs.8,000/- per month. It is submitted that the compensation that is awarded by the Tribunal is on the lower side. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted reasonable compensation and there are no grounds seeking interference of the well considered order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal had taken the income of the deceased at Rs.8,000/- per month. As this accident had taken place in the year 2016, this Court is taking the income of the deceased at Rs.9,500/- per month. The age of the deceased was 37 years and the future prospects have to be at 40%, it comes to Rs.3,800/-. His income would be Rs.13,300/-. There are six claimants and 1/4th has to be deducted i.e., Rs.3,325/-. If the same is deducted, his contribution to the family will come to an amount of Rs.9,975/- - 5 - NC: 2025:KHC:15411 MFA No. 7641 of 2018 per month. Hence, towards loss of dependency, this Court is granting an amount of Rs.17,95,500/- (Rs.9,975x12x15). Towards consortium, an amount of Rs.2,64,000/- (Rs.44,000x6) is granted. This Court is granting an amount of Rs.36,000/- towards funeral expenses. 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 claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Estate : Rs. 15,000/- 00/- 2. Loss of Consortium : Rs. 40,000/- 2,64,000/- 3. Funeral expenses : Rs. 15,000/- 36,000/- 4. Love and affection : Rs. 30,000/- 00/- 5. Loss of dependency : Rs. 10,80,000/- 17,95,500/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 11,80,000/- 21,05,500/- Enhancement : Rs. 9,25,500/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15411 MFA No. 7641 of 2018 9. Altogether, the claimant is entitled for compensation of an amount of Rs.21,05,500/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.11,80,000/- to Rs.21,05,500/-. The Insurance Company is liable to pay the compensation. i. The enhanced amount shall carry interest at 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 claimant is entitled to withdraw the entire amount without furnishing any security. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 5