- 1 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4589 OF 2024 BETWEEN: 1. SRI PARAMESHA M S/O LATE CHIKKAMADIAH, AGED ABOUT 53 YEARS NO.01/03, 1ST CROSS, DEVANTHA CHAR STREET, 5TH MAIN, CHAMARAJPET, BENGALURU-560018. (OWNER OF MOTORCYCLE BEARING REG.NO.KA-01-L-4982) 2. SRI.AKASH P S/O LATE PARAMESHA, AGED ABOUT 28 YEARS NO.01/03, 1ST CROSS, DEVANTHA CHAR STREET, 5TH MAIN, CHAMARAJPET, BENGALURU-560018. (RIDER OF MOTORCYCLE BEARING REG.NO.KA-01-L-4982) …APPELLANTS (BY SRI. KUMARA K G., ADVOCATE) AND: 1. SRI SATHYA VELU S/O LATE C.R. VENUGOPAL AGED ABOUT 41 YEARS, OCC COOLIE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 R/AT 30/43, 5TH MAIN ROAD, 7TH CROSS, CHAMARAJPET, BENGALURU 560017. 2. SMT. MANJULA V, W/O RAMU, AGED 44 YEARS, OCC HOUSE WIFE NO.107, 5TH MAIN ROAD, 7TH CROSS, NEAR KEMPAMBBUDI LAKE, DASAPPA GARDEN, CHAMARAJPET, BENGALURU SOUTH, BENGALURU-560018. 3. SMT. NETHRA V, W/O C.VISHWANATH, AGE 39 YEARS, OCC COOLIE, NO.107/2, 5TH MAIN ROAD, 7TH CROSS, NEAR KEMPAMBBUDI LAKE DASAPPA GARDEN, CHAMARAJPET, BENGALURU SOUTH, BENGALURU - 560018. …RESPONDENTS (BY SRI. LATUR SURESH MAHALINGAPPA., ADVOCATE FOR R1 TO R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.05.2024 PASSED IN MVC NO. 1455/2021 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-24), AWARDING COMPENSATION OF RS. 5,19,700/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. - 3 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 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 award passed in MVC.No.1455/2021 dated 03.05.2024 by the XXII Addl. SCJ & ACMM, Member– MACT, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.5,19,700/-, the appellants are before this Court. 2. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of Estate : Rs. 18,150/- 2. Transportation and funeral expenses : Rs. 18,150/- 3. Loss of spousal consortium , parental consortium : Rs. 48,400/- 4. Loss of dependency : Rs. 4,35,000/- TOTAL : Rs. 5,19,700/- 3. The Tribunal had held that the owner of the vehicle is liable to pay the compensation. The deceased was aged 73 - 4 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 years and the claimants are the son and two daughters, who are aged about 38 years, 41 years and 36 years respectively. The Tribunal had granted compensation under the heads of loss of estate, loss of consortium and loss of dependency. The Tribunal had held that there is 15% contributory negligence on the part of the deceased and granted compensation of an amount of Rs.4,41,745/- to the claimants. 4. Learned counsel appearing for the appellants submits that the deceased was aged about 73 years and these claimants cannot be termed as dependents of the deceased. It is submitted that they are not entitled for loss of dependency and in the light of the law laid down in A. Manavalagan Vs. A.Krishnamurthy and Others1, they are only entitled for loss of estate. 5. Learned counsel appearing for the respondents/ claimants submits that the Tribunal had rightly considered and granted compensation under the head of loss of dependency and no interference is called for. 1 ILR 2004 KAR 3268 - 5 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 6. Having heard the learned counsels on either side, perused the entire material on record. As rightly argued by the learned counsel for the appellants, the deceased was aged 73 years at the time of the accident and the claimants cannot say that they are dependent upon the deceased. In the light of the law laid down in A. Manavalagan's case referred supra, they are entitled for compensation. The accident had occurred in the year 2020. Considering the income of the deceased at Rs.14,500/- per month, 25% of it would come to Rs.3,625/-. Hence, under the head of loss of estate, this Court is granting an amount of Rs.2,17,500/- (Rs.3,625x12x5). Towards loss of consortium, this Court is granting an amount of Rs.1,32,000/- (Rs.44,000x3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 7. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Estate : Rs. 18,150/- 2,17,500/- 2. Transportation and funeral expenses : Rs. 18,150/- 36,000/- 3. Loss of spousal : Rs. 48,400/- 1,32,000/- - 6 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 consortium , parental consortium 4. Loss of dependency : Rs. 4,35,000/- 00/- TOTAL : Rs. 5,19,700/- 3,85,500/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.3,85,500/-. As there is 15% contributory negligence on the part of the deceased, an amount of Rs.57,825/- (Rs.3,85,500x15%) has to be deducted. Hence, the owner of the vehicle is liable to pay an amount of Rs.3,27,675/-. 9. Accordingly, the appeal filed by the owner of the vehicle is partly allowed by reducing the compensation from an amount of Rs.5,19,700/- to Rs.3,85,500/-. The owner of the vehicle is liable to pay an amount of Rs.3,27,675/-. i. The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. - 7 - HC-KAR NC: 2025:KHC:44587 MFA No. 4589 of 2024 iv. The owner of the vehicle shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI MEG List No.: 3 Sl No.: 16