- 1 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6461 OF 2024 (MV-D) BETWEEN: 1. SMT. SARITA DEVI W/O LATE. GUDDU MANJHI, AGED ABOUT 39 YEARS 2. ANJU PASWAN D/O LATE. GUDDU MANJHI, AGED ABOUT 23 YEARS, 3. POOJA PASWAN D/O LATE GUDDU MANJHI, AGED ABOUT 23 YEARS, 4. BABALEE KUMARI D/O LATE. GUDDU MANJHI, AGED ABOUT 20 YEARS, 5. NANDANI KUMARI D/O LATE. GUDDU MANJHI, AGED ABOUT 17 YEARS, 6. RAJ PASWAN S/O LAET GUDDU MANJHI, AGED ABOUT 15 YEARS APPELLANT NO.5 AND 6 ARE MINORS REPRESENTED BY NATURAL GUARDIAN 1ST APPELLANT THE MOTHER SARITA SEVI. 7. SMT. SHIVARAJI DEVI W/O PARAS MAJHI, AGED ABOUT 61 YEARS 8. PARAS MANJHI S/O TEGRI MANJHI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 AGED ABOUT 69 YEARS ALL ARE RESIDING AT: SOTA, DHARHRA, KATIYA, GOPALGANJ, BIHAR - 841 428. …APPELLANTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S. LOTUS FARMS BY ITS PROPRIETOR NO.12A, ANANTHAPURA VILLAE, YELAHANKA, BENGALURU - 560 064. 2. IFFCO TOKIO GENERAL INS. CO. LTD., BY ITS MANAGER, NO.141, 3RD MAIN, SRI. SHANTHI TOWERS, 5TH FLOOR, EAST OF NGEF LAYOUT, KASUTRINAGAR, BENGALURU - 560 043. …RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE FOR R2; VIDE ORDER DATED: 19.2.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:29.02.2024 PASSED IN MVC NO.1735/2023 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-21), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1735/2023 dated 29.02.2024 by the XVII Addl. Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore, the claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.75,00,000/- for the death of the claimant in the road traffic accident. 2. It is the case of the claimant that on 17.01.2023 at about 4.20 pm., when the deceased was discharging his work as contract labour near Mother hood hospital by following safety methods, at that time, the driver of one TATA Ace driven the same in a rash and negligent manner came from Horamavu underpass towards Hebbal at high speed and hit the safety barricades then to the deceased and again dashed against one more TATA Ace which was parked on extreme side of the road by turning on the parking lights and indicator lights and caused the accident. Due to the impact, deceased fell down and sustained grievous injuries all over the body. Immediately, injured was shifted to North Bangalore hospital where he - 4 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 succumbed to the accidental injuries. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Towards funeral expenses and Transportation charges : Rs. 15,000/- 2. Towards loss of dependency : Rs. 23,10,000/- 3. Towards loss of estate : Rs. 15,000/- 4. Towards Consortium and filial Consortium : Rs. 1,20,000/- TOTAL : Rs. 24,60,000/- 3. Learned counsel appearing for the appellants/ claimants submits that he is aggrieved by the quantum of compensation granted by the Tribunal. It is submitted that the Tribunal had taken the notional income rightly at an amount of Rs.16,000/- per month, but future prospects are not granted and under the other conventional heads also the Tribunal had not granted the reasonable compensation. 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 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 5. Having heard the learned counsels on either side, perused the material on record. The Tribunal had rightly taken the income at an amount of Rs.16,000/- per month. The age of the deceased is 38 years and he is entitled for 40% future prospects. It comes to Rs.6,400/-, then the income comes to an amount of Rs.22,400/-. As there are 8 claimants, 1/5th has to be deducted towards the personal expenses, 1/5th is Rs.4,480/-, then the contribution to the family would be 17,920X12 and the relevant multiplier is 15, the loss of dependency would come to an amount of Rs.32,25,600/-. As there are 8 claimants, towards consortium this Court is granting an amount of Rs.3,52,000/-(44000X8). 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 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 7. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation by this Court 1. Towards funeral expenses and Transportation charges : Rs. 15,000/- 36,000/- 2. Towards loss of dependency : Rs. 23,00,000/- 32,25,600/- 3. Towards loss of estate : Rs. 15,000/- - 4. Towards Consortium and filial Consortium : Rs. 1,20,000/- 3,52,000/- 5. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 24,60,000/- 36,23,600/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.36,23,600/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.24,60,000/- to Rs.36,23,600/- 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. - 7 - NC: 2025:KHC:17557 MFA No. 6461 of 2024 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 claimant is entitled to withdraw the entire amount without furnishing any security. iv. On 19.02.2025, the delay of 100 days is condoned by this Court on the condition that the claimant 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.: 1 Sl No.: 26 CT:SK