- 1 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 350 OF 2022 (MV-D) BETWEEN: 1. SRI MASAPETA SURENDAR REDDY S/O MASAPETEA RANGAREDDY AGED ABOUT 52 YEARS, RESIDING AT NO.1-32 GANDHAMALLA ROAD NRSAPUR RAJAPETE MANDALAM NALGONDA ANDHRA PRADESH PIN-508105 2. SMT MASAPETA SWARUPARANI W/O MASAPETA SURENDAR REDDY AGED ABOUT 50 YEARS, RESIDING AT NO.1-32 GANDHAMALLA ROAD NRSAPUR RAJAPETE MANDALAM NALGONDA ANDHRA PRADESH PIN-508105 …APPELLANTS (BY SRI. K. T. GURUDEVA PRASAD, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 AND: 1. M/S ACKO GENERAL INSURANCE CO LTD MOTOR CLAIMS HUB NO.09 17TH MAIN ROAD NEAR SUKH SAGAR RESTAURANT 5TH BLOCK KORAMANGALA BENGALURU-560 095 2. MR RAJESH KUMAR N S/O NAGARAJ NO.10 WARD NO.6 M V EXTENSION DODDAGATTIGANABBE ROAD SHIVASHAKTHINAGAR HOSAKOTE BENGALURU RURAL DISTRICT PIN-562114 …RESPONDENTS (BY SRI. D. MANJUNATH, ADVOCATE FOR R1; SRI. SHRIPAD V. SHASTRI, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.04.2021 PASSED IN MVC NO.7013/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.7013/2019 dated 17.04.2021 by the XV Addl. Small Causes Judge & MACT, Bengaluru, whereby the tribunal has granted compensation of an amount of Rs.19,24,400/- and fixed the contributory negligence at 15% on the claimants. The claimants are before this court questioning the contributory negligence and also seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the death of the deceased. It is the case of the claimant that on 02.09.2019 at 11.20 p.m. when the son of the claimants i.e, deceased was riding a motorcycle along with one pillion rider slowly and cautiously, at that time rider of the other motor cycle rode the same in a rash and negligent manner, came at high speed and dashed to the deceased motor cycle. As a result of forced impact, the deceased sustained injuries and died on the way to the hospital. The tribunal had granted compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 Sl. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 18,14,400/- 2. Consortium : Rs. 80,000/- 3. Funeral and obsequies ceremony : Rs. 15,000/- 4. Loss of Estate : Rs. 15,000/- TOTAL : Rs. 19,24,400/- Less Contributory negligence at 15% : Rs. 2,88,660/- TOTAL : Rs. 16,35,740/- 3. Learned counsel appearing the claimant submits that the deceased had completed his engineering and the tribunal had taken the income at Rs.12,000/-. It is submitted that in the light of the judgment of the Hon'ble Apex Court the income ought to be taken at Rs.25,000/- and it is submitted that even under the other heads also the compensation that is awarded is not just and reasonable. 4. Learned counsel appearing for the Insurance Company submits that the tribunal had rightly taken the income at Rs.12,000/-. It is submitted that there are several judgments with regard to the income i.e., taken in respect of the engineering student, it all depends upon the merits and other surrounding circumstances. In this case nothing has been - 5 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 placed on record whether he was good in academics or not, in those circumstances, the tribunal cannot take Rs.25,000/- as income of the deceased. It is submitted that the amount that is granted by the tribunal is just and reasonable and no enhancement is called for. He further submits that basing on evidence, the tribunal had rightly fixed the contributory negligence at 15% on the deceased and no interference is called for. 5. Having heard the learned counsel on either side, perused the entire material on record. First coming to the contributory negligence, this court has perused the award passed by the tribunal and in the considered opinion of this court, the tribunal had rightly fixed the contributory negligence at 15% and 85% and this court do not find any reasons to interfere. 6. Then coming to the compensation, as the deceased had completed his engineering, according to the claimants he had got seat for pursing M.Tech and admittedly there is no evidence in that regard. According to the learned counsel for the claimant, the tribunal ought to have taken the income at - 6 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 Rs.25,000/-. However in the facts and circumstances of this case, this court is taking Rs.20,000/- as income. Towards future prospects he is entitled for 40%, it comes to Rs.8,000/- i.e., Rs.28,000/-. As he is bachelor, 50% has to be deducted towards personal expenses, his contribution to the family would be Rs.14,000/-. Hence towards loss of dependency, this court is inclined to grant an amount of Rs.30,24,000/- (Rs.14,000/-x12x18=Rs.30,24,000/-). Towards loss of consortium, this court is inclined to grant an amount of Rs.88,000/- and towards funeral expenses an amount of Rs.36,000/- is granted. 77. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 8. Altogether the claimant is entitled for compensation for an amount of Rs.31,58,000/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 18,14,400/- 30,24,000/- - 7 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 2. Loss of Consortium Rs. 80,000/- 88,000/- 3. Funeral Expenses Rs. 30,000/- 36,000/- 4. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 19,24,400/- 31,58,000/- The contributory negligence fixed at 15% on the deceased is affirmed by this court, the claimants are entitled for compensation of an amount of Rs.26,84,300/- (Rs.31,58,000/- - Rs.4,73,700/-=Rs.26,84,300/-) and the insurance company is liable to pay the compensation. i. Accordingly, the appeal filed by the claimants is Partly Allowed by enhancing the compensation from an amount of Rs.16,35,740/- to Rs.26,84,300/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to - 8 - HC-KAR NC: 2025:KHC:38843 MFA No. 350 of 2022 withdraw the entire amount without furnishing any security. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 32