- 1 - NC: 2025:KHC:17408 MFA No. 4130 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4130 OF 2017 (MV-D) BETWEEN: 1. SMT. LOLAKSHI W/O LATE MANJUNATH, AGED ABOUT 52 YEARS, 2. SRI. CHETHAN S/O LATE MANJUNATH C S AGED ABOUT 27 YEARS, BOTH ARE R/AT 4TH CROSS, SHANKARAPURA, CHICKMAGALUR DISTRICT - 577 101. …APPELLANTS (BY MS. SHALINI, ADVOCATE FOR SRI. NINGARAJA M. N., ADVOCATE) AND: 1. C. R. SURENDRA NAIDU S/O C.L. RAMA NAIDU MAJOR, R/AT SUGGIKAL FORT, CHICKMAGALUR - 577 101. 2. THE BRANCH MANAGER NEW INDIA ASSURANCE CO., LTD., "SULTANAS" KOLLAPURADAMMA TEMPLE STREET, CHICKMAGALUR - 577 101. 3. SRI. SURESH NAIDU S/O C.L. RAMA NAIDU, MAJOR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17408 MFA No. 4130 of 2017 R/AT. SUGGIKAL FORT, CHICKMAGALUR - 577 101. …RESPONDENTS (BY R1 - C R SURENDRA NAIDU, SERVED; SRI. JANARDHAN REDDY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.03.2016 PASSED IN MVC NO.573/2012 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE & MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.573/2012 dated 08.03.2016 by the Principal District Judge and Member, Motor Accident Claims Tribunal, Chikkamagaluru, the claimants are before this Court seeking enhancement of the compensation. The claim petition was filed by the mother and brother of the deceased seeking compensation for the death of the deceased in the road traffic accident. 2. It is the case of the claimants that on 12.01.2011 at about 12.05 pm., the deceased and claimants were traveling in the Maxi Cab and when the said vehicle came near Chinnammanur on Chinnammanur-Palayam road, the driver of - 3 - NC: 2025:KHC:17408 MFA No. 4130 of 2017 the said Maxi Cab drove the same in a rash and negligent manner at high speed and dashed to a road side tree and caused the accident. Because of the accident, the deceased succumbed to the grievous injuries suffered by him. It is the case of the claimants that the deceased was working as an agriculture coolly and earning an amount of Rs.6,000/- per month and the Tribunal had taken the income at an amount of Rs.3,000/- per month and granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 2,34,000/- 2. Funeral expenses : Rs. 5,000/- TOTAL : Rs. 2,39,000/- 3. Learned counsel appearing for the appellants/ claimants submits that when the accident had occurred in the year 2011, the Tribunal had taken the income at Rs.3,500/- per month which is on the lower side and that needs to be enhanced and the Tribunal ought to have taken the income at an amount of Rs.6,500/- per month. It is submitted that the future prospects were also not considered by the Tribunal and the compensation needs to be enhanced. - 4 - NC: 2025:KHC:17408 MFA No. 4130 of 2017 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly granted the compensation and no grounds are made out seeking enhancement of the compensation. 5. Having heard the learned counsels on either side, perused the material on record. This accident had occurred in the year 2011. Though there is no evidence on record with regard to the income, considering the chart prepared by the Legal Services Authority, this Court is taking the notional income at an amount of Rs.6,500/- per month, considering the age, the future prospects at 40% would come to Rs.2,600/- i.e., Rs.9,100/-. As he was a bachelor, 50% has to be deducted towards his personal expenses, then towards loss of dependency it would come to an amount of Rs.9,82,800/- (4500X12X18/100). For two dependents i.e., the mother and the brother, under the head of loss of consortium this Court is granting an amount of Rs.88,000/-. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and - 5 - NC: 2025:KHC:17408 MFA No. 4130 of 2017 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation awarded by this Court 1. Loss of dependency : Rs. 2,34,000/- 9,82,800/- 2. Loss of consortium : Rs. - 88,000/- 3. Funeral expenses : Rs. 5,000/- 36,000/- 4. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 2,39,000/- 11,16,800/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.11,16,800/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,39,000/- to Rs.11,16,800/-. 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. 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:17408 MFA No. 4130 of 2017 iii) 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. iv) On 24.04.2025, the delay of 316 days is condoned by this court, on the condition that the claimants will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delay period. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 15 CT:SK