- 1 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5438 OF 2021 (MV-D) BETWEEN: 1. SMT B M ASHA W/O LATE KUMARA AGE 30 YEARS, 2. BABY SHUBHA D/O LATE KUMARA, 08 YEARS, REP BY HIS NATURAL GUARDIAN MOTHER I.E. 1ST APPELLANT BOTH ARE R/AT BYRAGONDANAHALLI VILLAGE, G.YARADAKERE POST, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 548. 3. MR.MURTHAPPA S/O MARAPPA AGE 64 YEARS, AGRICULTURIST, 4. SMT.MANJULAMMA W/O MURTHAPPA AGE 59 YEARS. 5. KUM.MAMATHA K.M. D/O MURTHAPPA AGE 23 YEARS. APPELLANT NOS. 3 TO 5 ARE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 R/AT S.B.R. COLONY SANTHEBENNURE, CHENNAGIRI TALUK, DAVANAGERE DIST – 577 213. …APPELLANTS (BY SMT. B.N. MANJULA, ADVOCATE FOR SRI. NAGARAJA R C., ADVOCATE) AND: 1. MR SANTHOSH KUMARA S/O CHIRANJEEVAPPA AGED ABOUT 43 YEARS, R/O HOLLE SIRIGERE VILLAGE, HARIRARA TALUK, DAVANAGERE DISTRICT – 577 601. 2. THE BRANCH MANAGER BHARATHI AXA GENERAL INSURANCE CO LTD THE BRANCH MANAGER, 1ST FLOOR, SY.NO.28, NEXT -2 AKME BALET, DODDANEKUNDI OF OUTER RING ROAD, BENGALURU-560 037. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R-2 R-1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2020 PASSED IN MVC NO. 514/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., CHIKKAMAGALUR DISTRICT, KADUR, 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 - 3 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.514/2016 dated 04.02.2020 by the Senior Civil Judge and MACT, Kadur, Chikkamagalur District, the appellants/claimants are before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.25,00,000/- for the death of deceased in the accident that took place on 23.08.2015. Appellant No.1 is the wife, appellant No.2 is the daughter, appellant Nos.3 and 4 are the parents and appellant No.5 is the sister of deceased – Kumara. It is the case of the claimants that on 23.08.2015 at about 8.45 p.m., on NH-4 of Hanagavadi Cross, Harihara Taluk, Davanagere District, when the deceased/Kumara was proceeding on a motor cycle as a pillion rider in the motor cycle of his relative Yuvaraja, when they reached near KGN Daba, a Hundai Verna Car came from back side in a rash and negligent manner with excessive speed and dashed against the motor cycle. Due to the impact, he sustained grievous injuries all over his body and died on the spot. According to the claimants, the - 4 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 deceased was working as a driver and agriculturist and earning an amount of Rs.30,000/- per month. 3. The Tribunal had considered the income at Rs.7,500/- per month and 1/4th was deducted towards personal living expenses and by applying the multiplier of 17 and considering the age at 30 years had granted compensation as per the table given below: SL.No. Heads Compensation Awarded 1. Loss of dependency : Rs. 11,47,500/- 2. Loss of consortium : Rs. 40,000/- 3. Loss of love and affection : Rs. 25,000/- 4. Funeral expenses : Rs. 15,000/- 5. Transportation of dead body : Rs. 5,000/- TOTAL : Rs. 12,32,500/- 4. Learned counsel appearing for the claimants submits that the Tribunal had rightly held that the negligence is on the part of the driver of the offending vehicle and when it comes to the compensation, the Tribunal ought to have taken the income of the deceased at Rs.9,000/- per month instead of Rs.7,500/-. It is submitted that as per the post-mortem report, the age of the deceased is 30 years and the Tribunal had rightly applied the multiplier of 17. He submits that even on the - 5 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 conventional heads also, the amount that is granted by the Tribunal is not appropriate and it needs to be enhanced. 5. Learned counsel appearing for the respondent No.2/Insurance Company submits that the Tribunal had rightly granted the compensation considering the facts of the case and no enhancement is called for. 6. Having heard the learned counsel on either side, perused the entire material on record. According to the claimants, the deceased was working as a driver and agriculturist and earning an amount of Rs.30,000/- per month. As there is no evidence to prove the income and as the accident had occurred in the year 2015, this Court is taking the income at Rs.9,000/- per month. The future prospects at 40% would come to an amount of Rs.3,600/-, which comes to an amount of Rs.12,600/- (Rs.9,000+Rs.3,600). Though there are five respondents, respondent No.5 is a sister. As such, 1/4th has to be deducted towards the personal expenses i.e., Rs.3,150/-. Then the contribution to the family would be an amount of Rs.9,450/- per month. Hence, loss of dependency would come to an amount of Rs.19,27,800/- - 6 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 (Rs.9,450x12x17). Towards loss of consortium, an amount of Rs.2,20,000/- (Rs.44,000x5) is granted. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 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 claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 11,47,500 19,27,800 2. Loss of consortium : Rs. 40,000 2,20,000 3. Loss of love and affection : Rs. 25,000 00/- 4. Funeral expenses : Rs. 15,000 36,000 5. Transportation of dead body : Rs. 5,000 00/- 6. Legal Expenses : Rs. 00/- 10,000 TOTAL : Rs. 12,32,500 21,93,800 Enhancement : Rs. 9,61,300/- 9. Altogether, the claimants are entitled for compensation of an amount of Rs.21,93,800/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:34970 MFA No. 5438 of 2021 10. Accordingly, the appeal of the claimants is partly allowed by enhancing the compensation from an amount of Rs.12,32,500/- to Rs.21,93,800/-. 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. 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 claimants are entitled to withdraw the entire amount. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SV List No.: 1 Sl No.: 24