- 1 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4185/2018 (MV-D) BETWEEN: SMT. LAKSHMAMMA @ SAKAMMA @ SUBBALAKSHMAMMA, W/O MUNIRAJU, AGED ABOUT 48 YEARS, R/AT NEAR BAPUJI SCHOOL, SRINAGAR, DODDABALLAPURA TOWN, DODDABALLAPURA-561 203. …APPELLANT (BY SRI. THIMMAIAH K H., ADVOCATE) AND: 1. THE MANAGER, NATIONAL INSURANCE CO.LTD., NO.672, 1ST FLOOR, 11TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BANGALORE-560 011. 2. RAVIKUMAR, S/O RANGASWAMY, R/AT 417, NEAR OLD KARAGA TEMPLE, VANNIGARAPETE, 3RD WARD, TANK ROAD, DODDABALLAPURA TOWN-561 203. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1, R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2018 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 NO.7926/2016 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU,, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 05.02.2018 passed by the XIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bengaluru, in M.V.C. No.7926/2016. The deceased Sundar Raj, son of Muniraju, while proceeding in motor cycle bearing No.KA-43/H-4106, as a pillion rider, met with an accident on 24.10.2015 near Narayanappa Layout, I.B. Circle, Doddaballapura and died on 16.11.2015. A case in Crime No.192/2015 was registered and the mother of the deceased namely, Lakshmamma @ Sakamma @ Subbalakshmamma, who is the wife of Muniraju, filed a claim application claiming compensation of Rs.40,00,000/-. But, the Tribunal, considering the oral and documentary evidence, dismissed the application. - 3 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 3. The Tribunal in the impugned judgment ha stated that the name of the claimant in the inquest was mentioned as Lakshmamma and she has not filed copy of Adhar card or ration card to substantiate her identity. In Exhibit P15, her name is mentioned as Subbalakshmamma. There was delay of 22 days in filing the complaint and the said delay was not explained by P.W.1. The accident occurred on 24.10.2015, but the Circle Inspector, Doddaballapura Circle, received copy of MLC (Ex.P.11) on 04.01.2016 i.e. after the lapse of 70 days. The deceased was the pillion rider on the motor cycle and the name of the rider was not mentioned. The Medical Record Officer of Victoria Hospital was also examined as P.W.2 and Exs. P.23 and P.24 were marked on her behalf. With the said reasoning, the identity of the claimant-petitioner was disputed and accordingly, the case was dismissed. 4. In the voters card of the claimant, the name of her husband is shown as Muniraju. Admittedly, the deceased was the son of Muniraju. The claimant is aged 45 years and she is illiterate. Merely, there was discrepancy regarding her name in the inquest and in other documents, it cannot be said that the - 4 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 claimant is not the mother of the deceased. Therefore, the reasoning of the trial Court is erroneous and is liable to be set aside. 5. The claimant has lost her son, who was aged of 21 years at the time of accident. It was stated that, he was working as a coolie and also doing business earning the income of Rs.15,000/- per month. His mother was depending upon him and she spent Rs.25,000/- for transportation of the body and funeral expenses, but, in the evidence of P.W.1, it is admitted that the deceased passed PUC and was in search of job. 6. The deceased met with an accident on 24.10.2015. The insurance premium was paid for the pillion rider also. Therefore, as per the guidelines given by Karnataka State Legal Services Authority, this Court finds it reasonable to take the notional income of the deceased at Rs.9,000/- per month. The Hon’ble Apex Court in the dictum of National Insurance Company Limited Vs. Pranay Sethi1, held that the future prospects of income of the self-employed deceased shall also be included in determination of the compensation. Thus, 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 considering the age of the deceased, 40% of the income has to be added towards future prospects i.e. 3,600/- (9,000 x 40%) and thus, the income would come to Rs.12,600/- per month (i.e. 9000+3,600). The deceased was bachelor aged about 21 years at the time of accident. As per the guidelines of the Hon’ble Apex Court in dictum of Sarla Verma Vs. Delhi Transport Corporation2, 50% of his income has to be deducted as there are 2 dependents towards his personal expenses. Therefore, the total income would be Rs.6,300/- (12,600 - 50%). Since the deceased was bachelor aged about 21 years, the multiplier applicable would be 18. Thus, the loss of dependency would be Rs.13,60,800/- (6,300 x 12 x 18). 7. Apart from that, the Hon’ble Supreme Court, by reiterating the comprehensive interpretation of ‘consortium’ given in the authority of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, fortified that the amounts for 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 6 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 loss of consortium shall be awarded to the children who lose the care and protection of their parents as ‘parental consortium’ and to the parents as, ‘filial consortium’ for the loss of their grown-up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is just and reasonable to award Rs.40,000/- towards filial consortium (love and affection) and Rs.15,000/- towards loss of estate and Rs.15,000/- towards transportation. 8. In all, the claimant is entitled for the total compensation of Rs.14,30,800/- with interest at the rate of 6% per annum from the date of petition till the date of deposit. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 13,60,800/- 2. Towards Loss of Estate 15,000/- 3. Towards Transportation 15,000/- 4. Loss of Love and Affection/ filial consortium 40,000/- Total 14,30,800/- - 7 - HC-KAR NC: 2025:KHC:32685 MFA No. 4185 of 2018 10. In the result, the following order is passed: (i) The appeal is allowed. (ii) The appellant-claimant is entitled for the total compensation of Rs.14,30,800/- with interest at 6% p.a. from the date of petition till the date of realization. (iv) The respondent-Insurance company is directed to deposit the aforesaid compensation amount within one month from the date of receipt of copy of this order. (v) On such deposit, the claimant is permitted to withdraw the entire compensation along with aforesaid interest. SD/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 52