- 1 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 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 MFA NO. 3269 OF 2024 (MV-D) BETWEEN: 1. YALLAMMA W/O LATE LAKSHMANA AGED ABOUT 34 YEARS 2. SWAMY S/O LATE LAKSHMANA HELAVARA AGED 13 YEARS 3. PRAVEENA S/O LATE LAKSHMANA AGED ABOUT 11 YEARS 4. LAKSHMAVVA W/O ADEVEPPA AGED ABOUT 62 YEARS APPELLANTS NO. 2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO.1 ALL ARE R/O HOSAVANTAL VILLAGE KAVALAD POST, HALIYALA TLAUK UTTARA KANNADA DISTRICT – 581 329. …APPELLANTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 of 2024 (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. S. KRISHNANANDA CHATRA S/O LATE GOVINDA CHATRA AGE MAJOR R/O CHIKKA BAJANE MANDIRA STREET SARJAPURA POST, ANEKAL TALUK BENGALURU RURAL DISTRICT – 562 106. OWNER OF THE BUS BEARING NO. KA -51/C0147 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD 1ST FLOOR, A.M.ARCADE NEAR VIDHYARTHI BHAVAN C.G. HOSPITAL ROAD DAVANAGERE – 577 004. …RESPONDENTS (V/O DATED 4/9/25, NOTICE TO R1 IS DISPENSED WITH; BY SRI. RAJENDRA HEGDE, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2024 PASSED IN MVC NO.1118/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., HOLALKERE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1118/2022 dated 19.01.2024 by the Senior Civil Judge and MACT, Holalkere, whereby the Tribunal had awarded compensation of an amount of Rs.31,31,000/-, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.1,11,00,000/- for the death of the deceased in the road traffic accident. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Towards loss of dependency Rs. 30,24,000/- 2. Towards funeral and transportation expenses Rs. 16,500/- 3. Towards loss of consortium Rs. 44,000/- 4. Towards loss of estate Rs. 16,500/- 5. Towards love and affection Rs. 30,000/- Total Rs. 31,31,000/- 3. Learned counsel appearing for the appellants/ claimants submits that this accident had occurred in the year 2022, as per the chart prepared by the Karnataka State Legal Service Authority, the Tribunal ought to have taken the income - 4 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 of 2024 at Rs.15,500/- per month, but the Tribunal had taken the income at Rs.15,000/- per month. It is submitted that even under the other conventional heads also the compensation that is awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. This accident had occured in the year 2022. As per the chart Karnataka State Legal Service Authority, this Court is taking the income at Rs.15,500/- per month, 40% future prospects would come to an amount of Rs.6,200/-, then his income is Rs.21,700/-. As there are 4 dependents, 1/4th has to be deducted towards his personal expenses, it would come to an amount Rs.5,425/- then his contribution to the family is Rs.16,275/-. Hence, this Court is granting an amount of (Rs.16,275X12X16) is Rs.31,24,800/- towards loss of dependency. Towards loss of consortium - 5 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 of 2024 this Court is granting an amount of (4X44000)=Rs.1,76,000/- . 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'ble Supreme 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 claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Towards loss of dependency Rs. 30,24,000/- 31,24,800/- 2. Towards funeral and transportation expenses Rs. 16,500/- 36,000/- 3. Towards loss of consortium Rs. 44,000/- 1,76,000/- 4. Towards loss of estate Rs. 16,500/- 00/- 5. Towards love and affection Rs. 30,000/- 00/- 6. Legal expenses Rs. 00/- 10,000/- Total Rs. 31,31,000/- 33,46,800/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 of 2024 8. Altogether, the claimants are entitled for the compensation of an amount of Rs.33,46,800/-. 9. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.31,31,000/- to Rs.33,46,800/- and the Insurance Company is liable to pay the compensation amount. 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) Respondent No.2/Insurance Company shall pay the compensation. iv) 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. 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. - 7 - HC-KAR NC: 2025:KHC:45080 MFA No. 3269 of 2024 vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 35