- 1 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 127 OF 2021 (MV-D) BETWEEN: SMT. SHIVAMMA M B W/O LATE RANGEGOWDA, AGED ABOUT 42 YEARS, R/AT BASAVANAPURA VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT. …APPELLANT (BY SRI. KAILAS SHANKAR P S., ADVOCATE) AND: 1. SMT. SURYAKALA W/O MANJUNATHA MAJOR, R/AT SULKUNTE, NELAMANGALA TALUK, BENGALURU DISTRICT. 2. THE BRANCH MANAGER, SRIRAMA GENERAL INSURANCE CO. LTD., NO.5/5, 3RD FLOOR, MONARK CHURCH INFANTRY ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.PRADEEP FOR R2; V/O DTD 23.09.2025 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.04.2019 PASSED IN MVC NO.1482/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN (SIT AT CHANNARAYAPATNA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 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 MVC.No.1482/2015 dated 02.04.2019 by the IV Additional District and Sessions Judge, Hassan District (sitting at Channarayapatna), whereby the Tribunal had granted compensation of an amount of Rs.13,29,600/-, the claimant is before this Court seeking enhancement of the compensation and also questioning the liability that is fixed on the owner of the vehicle. 2. The claim petition was filed under Section 166 of the Motor Vehicles Act, seeking compensation of an amount of Rs.45,17,000/- for the death of deceased in the road traffic accident. 3. The brief facts of the case are that on 10.05.2015 at 3.55 hrs one Eicher Goods Vehicle driven by its driver in rash and negligent manner dashed unknown vehicle near Erekuppe Bridge at Ranebennur on National Highway, as a result of which, cleaner who is the son of claimant sustained injury and - 3 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 succumbed to the injuries on the spot as driver of the said goods vehicle failed to transmit the deceased to the hospital as he fled from the crime scene. 4. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency Rs. 12,09,600/- 2. Funeral expenses Rs. 15,000/- 3. Loss of estate Rs. 15,000/- 4. Loss of love and affection of petitioner Rs. 50,000/- 5. Loss of filial consortium Rs. 40,000/- TOTAL Rs. 13,29,600/- 5. Learned counsel appearing for the claimant submits that the Tribunal had fixed the liability on the owner of the vehicle on the ground that the driver of the vehicle was not having a valid driving license which is in clear violation of the terms and conditions of the policy. Coming to the compensation, it is submitted that the accident had taken place in the year 2015, the Tribunal had taken income at Rs.8,000/- and granted the compensation which is not just and reasonable. Hence, the compensation needs to be enhanced. - 4 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 6. Learned counsel appearing for the Insurance Company submits that the Tribunal had granted interest at 9% p.a. Further, the compensation granted under the heads of loss of estate, loss of love and affection and loss of filial consortium is on the higher side and same needs to be reduced. 7. Having heard learned counsels on either side, perused the materials on record. First, coming to the liability, the liability is fixed on the owner of the vehicle, on the ground that the driver was not having a valid driving license. In the light of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE CO. LTD VS SWARAN SINGH & ORS1, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. The owner of the vehicle remained ex parte before the Tribunal and memo is filed seeking dispensation of notice to the owner of the vehicle and the same is dispensed with. 8. Coming to the compensation, the accident had occurred in the year 2015. Hence, this Court is taking income at Rs.9,000/- per month. The future prospects at 40% would 1 (2004) 3 SCC 297 - 5 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 comes to an amount of Rs.3,600/-, which comes to Rs.12,600/- (Rs.9,000+3,600). As he was bachelor 50% has to deducted towards personal expenses i.e., Rs.6,300/-. Then the contribution to the family would be an amount of Rs.6,300/- Hence, loss of dependency would come to an amount of Rs.13,60,800/- (Rs.6,300x12x18). Towards loss of consortium, an amount of Rs.44,000/- is granted by this Court. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. The Tribunal has rightly considered and granted amount towards loss of estate and loss of love and affection and no interference is called for. 9. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA VS. M. MALATHI AND ANOTHER2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 10. 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 dependency Rs. 12,09,600/- 13,60,800/- 2 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 2. Funeral expenses Rs. 15,000/- 36,000/- 3. Loss of estate Rs. 15,000/- 00/- 4. Loss of love and affection of petitioner Rs. 50,000/- 00/- 5. Loss of filial consortium Rs. 40,000/- 44,000/- 6. Legal expenses 00/- 10,000/- TOTAL Rs. 13,29,600/- 14,50,800/- Enhancement Rs. 1,21,200/- 11. Altogether, the claimant is entitled for the compensation of an amount of Rs.14,50,800/-. 12. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.13,29,600/- to Rs.14,50,800/-. 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-insurance company shall pay the compensation to the claimant and recover the same from the owner of the vehicle. iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 7 - HC-KAR NC: 2025:KHC:38694 MFA No. 127 of 2021 the order passed by this Court forthwith without any delay. v) On 23.09.2025, the delay of 194 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. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 2