- 1 - HC-KAR NC: 2025:KHC:52709 MFA No. 6143 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6143/2024 (MV-D) BETWEEN: 1. SMT. RATHNAMMA W/O LATE HANUMANTHAIAH AGED ABOUT 60 YEARS 2. SRI YOGANARASHIMMA B H YOGESH S/O LATE HANUMANTHAIAH AGED ABOUT 38 YEARS APPELLANTS NO.1 & 2 ARE R/AT BALLAGERE VILLAGE, HEBBUR HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572120. 3. SMT. VANAJAKSHI H D/O LATE HANUMANTHAIAH, W/O RANGASWAMY C.R., AGED ABOUT 36 YEARS, R/AT CHANNENAHALLI, C.S.PURA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 4. SMT. PRAMILA B.H. D/O LATE HANUMANTHAIAH, W/O YOGESH H.B., AGED ABOUT 33 YEARS, R/AT HONNASHETTIHALLI VILLAGE, KAPPA, TUMAKURU DISTRICT-572219. …APPELLANTS (BY SRI. RAMESH K. R., ADV.) AND: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52709 MFA No. 6143 of 2024 1. SRI KANTHARAJU R S/O LATE RANGAPPA AGED ABOUT 40 YEARS, R/AT JANAYAMMA THIGALARA HOTEL, GUBBI TOWN, GUBBI TALUK, TUMAKURU DISTRICT-572216. 2. THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, MBAV MANSION, 1ST FLOOR, 3RD CROSS, M.G.ROAD, ABOVE UCO BANK TUMAKURU-572101. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADV. FOR R2 NOTICE TO R1 IS D/W V/O DATED 23.01.2025) THIS APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.08.2022 PASSED IN MVC NO.1080/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, 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.1080/2019 dated 22.08.2022 by the II Addl. District Judge & MACT, Tumakuru, the claimant’s are before this court seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:52709 MFA No. 6143 of 2024 2. The tribunal has awarded the compensation as per the table given below. SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 8,10,000/- 2. Loss of parental and spousal consortium : Rs. 1,60,000/- 3. Medical expenses : Rs. 2,40,000/- 4. Funeral Expenses : Rs. 15,000/- 5. Loss of Estate : Rs. 15,000/- TOTAL : Rs. 12,40,000/- 3.Learned counsel appearing for the appellant/claimant submits that this accident had taken place in the year 2019. But the Tribunal had taken the income at Rs.10,000/- instead of Rs.14,000/-. It is submitted that under conventional heads also, the amount that is awarded for the tribunal is just and reasonable. 4.Learned counsel appearing for the respondent/ Insurance company submits that the Tribunal had rightly considered and granted the compensation and there are no grounds to interfere. - 4 - HC-KAR NC: 2025:KHC:52709 MFA No. 6143 of 2024 5. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that this accident has taken place in the year 2019 and as per the chart prepared by the Karnataka State Legal Services Authority, the income has to be considered at Rs.14,000/-. There are 4 dependants, 1/4th has to be deducted towards the personal expenses, it comes to Rs.3,500/-. Then the contribution to the family would be Rs.10,500/- (Rs.14,000/- - Rs.3,500/-) Then under the head of loss of dependency, the claimant’s are entitled for an amount of Rs.11,34,000/- (Rs.10,500/-x12x9=11,34,000/-). As there are four dependants, towards Consortium this court is granting an amount of Rs.1,76,000/-. (Rs.44,000/-x4) Towards Medical expenses, the Tribunal had rightly granted an amount of Rs.2,40,000/- and interference is called for and 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 Apex Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant’s are entitled for an amount of Rs.10,000/- towards Legal Expenses. - 5 - HC-KAR NC: 2025:KHC:52709 MFA No. 6143 of 2024 7. The claimant’s are entitled to the compensation for an amount of Rs.15,96,000/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 8,10,000/- 11,34,000/- 2. Loss of Consortium Rs. 1,60,000/- 1,76,000/- 3. Medical Expenses Rs. 2,40,000/- 2,40,000/- 4. Loss of estate Rs. 15,000/- 00/- 5. Funeral Expenses Rs. 15,000/- 36,000/- 6. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 12,40,000/- 15,96,000/- i. Accordingly, the appeal filed by the claimant’s is Partly Allowed by enhancing the compensation from an amount of Rs.12,40,000/- to Rs.15,96,000/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The respondent-Insurance Company shall deposit the amount within a period of eight weeks from - 6 - HC-KAR NC: 2025:KHC:52709 MFA No. 6143 of 2024 the date of receipt of copy of the judgment. On such deposit, the claimant are entitled to withdraw the entire amount without furnishing any security. v. The delay of 617 days is condoned as per the order dated *18.09.2025 and the claimants are not entitled for interest during the delay period. vi. Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 76 * Corrected vide chamber order dated: 04/03/2026.