- 1 - HC-KAR NC: 2025:KHC:44588 MFA No. 5877 of 2025 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. 5877 OF 2025 BETWEEN: 1. SHAKUNTALAMMA W/O HANUMANTHAREDDY, AGED ABOUT 47 YEARS, 2. HANUMANTHAREDDY, S/O LATE APPANNAPPA, AGED ABOUT 49 YEARS, 3. RAKSHITHA A.H., D/O HANUMANTHAREDDY, AGED 23 YEARS, ALL ARE R/AT ARUDI VILLAGE, SASALU HOBLI, MADHUGIRI TALUK-572132. …APPELLANTS (BY SRI. K. SHANTHA RAJ., ADVOCATE) AND: 1. FAHEEM ABBAS S/O AGA MAHADI, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44588 MFA No. 5877 of 2025 AGED ABOUT 54 YEARS, R/AT POTHENAHALLI VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-561204. 2. HDFC ERGO GEN.INS.CO.LTD., NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKARANARAYANA BUILDING NO.1, M.G.ROAD, BENGALURU-560001. BY ITS MANAGER …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2 V/O DTD. 06/08/2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2025 PASSED IN MVC NO.457/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT, TUMAKURU, MADHUGIRI, 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:44588 MFA No. 5877 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.457/2021 dated 27.01.2025 by the IV Additional District and Sessions Judge, Tumakuru, Sitting at Madhugiri & Member MACT, whereby the Tribunal had granted compensation of an amount of Rs.11,80,000/-, the claimants are before this Court seeking enhancement of the compensation. 2. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of love and affection : Rs. 60,000/- 2. Conventional Head : Rs. 40,000/- 3. Loss of dependency : Rs. 10,80,000/- TOTAL : Rs. 11,80,000/- 3. Learned counsel appearing for the claimant submits that there is a calculation mistake in the order. It is submitted that the accident had taken place in the year 2021 and as per the chart prepared by the State Legal Services Authority, the Tribunal ought to have taken the income of the deceased at Rs.15,000/- per month. But the Tribunal had taken the income - 4 - HC-KAR NC: 2025:KHC:44588 MFA No. 5877 of 2025 at Rs.10,000/- per month, having observed that the deceased might not be earning Rs.15,000/- but he might be earning Rs.10,000/- per month. It is submitted that the compensation that is awarded under the head of loss of dependency and also under other conventional heads is not just and reasonable. 4. Learned counsel appearing for the respondent No.2/ Insurance Company submits that the Tribunal had granted just and reasonable compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that the age of the deceased is 17 years and accident had occurred in the year 2021, this Court is taking the income of the deceased at Rs.15,000/- per month, future prospects at 40% would come to Rs.6,000/-. Then the income would come to an amount of Rs.21,000/- (Rs.15,000+Rs.6,000). As he was a bachelor, 50% has to be deducted towards personal expenses and the income will come to Rs.10,500/-. Hence, towards loss of dependency, this Court is granting an amount of Rs.22,68,000/- (Rs.10,500x12x18). Towards loss of consortium, as there are three dependents, this Court is - 5 - HC-KAR NC: 2025:KHC:44588 MFA No. 5877 of 2025 granting an amount of Rs.1,32,000/- (Rs.44,000x3). 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’bleSupreme 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. 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 love and affection : Rs. 60,000/- 00/- 2. Conventional Head : Rs. 40,000/- 00/- 3. Loss of dependency : Rs. 10,80,000/- 22,68,000/- 4. Loss of consortium : Rs. 00/- 1,32,000/- 5. Funeral expenses : Rs. 00/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 11,80,000/- 24,46,000/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.24,46,000/-. 1(2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:44588 MFA No. 5877 of 2025 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.11,80,000/- to Rs.24,46,000/-. 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 amount as per the award. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI MEG List No.: 3 Sl No.: 22