- 1 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4154 OF 2024 (MV- D) BETWEEN: 1. KOTA AKKULAMMA W/O K NARAYANA REDDY NOW AGED ABOUT 48 YEARS 2. K UMA SHANKAR REDDY S/O K NARAYANA REDDY NOW AGED ABOUT 34 YEARS 3. K RAGHUNATHA REDDY S/O K NARAYANA REDDY NOW AGED ABOUT 28 YEARS ALL ARE R/AT NO 12-146/6 GAJULANAGARAM, RAMASAMUDRAM CHITTOR, ANDHRA PRADESH- 517417 …APPELLANTS (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. LIBERTY GENERAL INSURANCE CO LTD REP BY ITS MANAGER NO 21/15 THE LAND MARK 4TH FLOOR, NEAR TRINITY METRO STATION, M G ROAD, BENGALURU- 560 001 2. MUNIVENKATAMMA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 W/O NARAYANAPPA AGED MAJOR SOMAYAJALAHALLI VILLAGE SRINIVASAPURA TALUK KOLAR DISTRICT KARNATAKA- 563 138 …RESPONDENTS (V/O/D 6/2/2025 NOTICE TO R2 IS D/W B PRADEEP FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.06.2023 PASSED IN MVC NO. 1323/2022 ON THE FILE OF THE XIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-10, PARTLY ALLOWING 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.1323/2022 dated 05.06.2023 by the XIV Additional Small Cause Judge and ACMM and Member-MACT, Bengaluru, whereby the Tribunal had granted an amount of Rs.13,19,400/- as compensation, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1989, seeking compensation of an - 3 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 amount of Rs.50,00,000/- for the death of the deceased in the road traffic accident. 3. The Tribunal has awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Towards loss of dependency : Rs. 11,66,400/- 2. Towards loss of Consortium to the petitioner No.1 : Rs. 40,000/- 3. Towards loss to estate : Rs. 16,500/- 4. Towards transportation of dead body funeral and obsequies ceremony expenses : Rs. 16,500/- 5. Towards loss of love and affection to petitioner Nos.2 and 3 (Each Rs.40,000/-) : Rs. 80,000/- Total : Rs. Rs.13,19,400/- 4. The learned counsel appearing for the claimants submits that the accident had taken place in the year 2022 and the Tribunal had taken the income at Rs.12,000/-, whereas the Tribunal ought to have taken the income at Rs.15,500/-. - 4 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 Therefore, it is further submitted that on all other counts, the compensation needs to be enhanced. 5. The learned counsel appearing for the respondent/Insurance Company submits that the Tribunal had granted a just and reasonable compensation and no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. Then coming to the compensation, the accident had occurred in the year 2022. As per the chart prepared by the Karnataka State Legal Service Authority, the notional income for the year 2022 is an amount of Rs.15,500/- per month. As on the date of accident the deceased was aged about 56 years, 10% future prospects would come to an amount of Rs.1,550/- and the total monthly income come to an amount of Rs.17,050/- (Rs.15,500 + Rs.1,550). As there are three claimants, this Court is inclined to deduct 1/3rd towards personal expenses i.e., Rs.5,683/-. Then, the contribution to the family would be an amount of Rs.11,367/- (Rs.17,050-Rs.5,683). Hence, under the head of loss of dependency, this Court is granting an amount of - 5 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 Rs.12,27,636/- (Rs.11,367 x 12 x9). Towards loss of consortium, this Court is granting an amount of (Rs.44,000 x 3) = Rs.1,32,000. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 7. 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. 8. The claimant are therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Towards loss of dependency : Rs. 11,66,400/- 12,27,636/- (11,367 x 12 x 9) 2. Towards loss of Consortium to the petitioner No.1 : Rs. 40,000/- 1,32,000/- (3 x 44,000) 3. Towards loss of estate : Rs. 16,500/- 00 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 4. Towards transportation of dead body funeral and obsequies ceremony expenses : Rs. 16,500/- 36,000/- 5. Towards loss of love and affection to petitioner Nos.2 and 3 (Each Rs.40,000/-) : Rs. 80,000/- 00 6. Legal expenses : Rs. 00 10,000/- Total : Rs. Rs.13,19,400/- 14,05,636/- Enhancement : Rs. 86,236/- 9. Altogether, the claimants are entitled for compensation of an amount of Rs.14,05,636/-. 10. Accordingly, the appeal filed by the claimants is partly-allowed by enhancing the compensation amount from an amount of Rs.13,19,400/- to Rs.14,05,636/-. i) The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. - 7 - HC-KAR NC: 2025:KHC:46463 MFA No. 4154 of 2024 ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The 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 claimant is entitled to withdraw the entire amount without furnishing any security iv) 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 81