- 1 - HC-KAR NC: 2025:KHC:24871 MFA No. 7877 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7877 OF 2022 (MV-D) BETWEEN: 1. SMT. KALAVATHI W/O LATE DASARI ANIJINEYULU AGED 39 YEARS 2. D SOWMYA D/O LATE DASARI ANJINEYULU AGED 16 YEARS 3. D DARSHAN S/O LATE DASARI ANJINYEYULU AGED 12 YEARS 4. DASARI NARAYANAPPA, S/O RAMAYYA, AGED 74 YEARS, APPELLANT NOS. 2 AND 3 ARE MINORS, HENCE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE FIRST APPELLANT VIZ., SMT. KALAVATHI ALL ARE RESIDING AT NO 3-48, THIMMAPURAM, PEDDAMANTHUR ANATHAPURA DISTRICT, ANDHRA PRADESH - 515 613. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. CHANDRA SEKHAR REDDY, S/O B. BALA NAGI REDDY, NO. 6-33, O.C. COLONY TADIMARRI, DADIHOTA, ANANTHPUR, ANDRA PRADESH - 515 631. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24871 MFA No. 7877 of 2022 2. M/S ICICI LOMBARD GENERAL INSURANCE CO . LTD., REPRESENTED BY ITS MANAGER NO. 121, THE ESTATE, 9TH FLOOR DICKENSON ROAD, M.G. ROAD, BENGALURU - 560 042. 3. SIVAJAPPA GARI GANGADARAPPA, S/O ANJINAPPA S, MAJOR R/O THIMMAPURAM, PEDDAMANTHUR, AANANTHPUR DISTRICT, ANDHRA PRADESH - 515 124. 4. M/S CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER NO. 135/5, 2ND FLOOR, J.P NAGAR, 3RD PHASE BENGALURU - 560 078. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; SRI. B. PRADEEP, ADVOCATE FOR R4 R1 - CHANDRA SEKHAR REDDY - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO. 5644/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (S.C.C.H-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:24871 MFA No. 7877 of 2022 ORAL JUDGMENT Aggrieved by the award passed by Chief Judge, Court of Small Causes, Member Prl. Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.5644/2018 dated 21.06.2022. Whereby, the tribunal had granted compensation of an amount of Rs.17,08,660/-. The claimants are before this Court seeking enhancement of the compensation. 2. Learned counsel appearing for the claimant submits that the tribunal had failed to take the income at Rs.12,500/- and this accident had taken place in the year 2018 and had failed to grant reasonable compensation on the conventional heads also. It is submitted that the amount that is awarded by the Tribunal is not just and reasonable compensation. 3. Learned counsel appearing for the respondent/insurance company submits that the tribunal has considered all these aspects and granted a just and reasonable compensation. 4. Having heard the learned counsels on either side, perused the material on record. In this case, the accident had - 4 - HC-KAR NC: 2025:KHC:24871 MFA No. 7877 of 2022 taken place in the year 2018 and the national income has to be taken at Rs.12,500/- considering the age of the deceased, who was aged about 40, future prospects at 25% comes to an amount of Rs.3,125/- the income is Rs.15,625/- as there are four claimants 1/4 has to be deducted i.e., Rs.3,906/- towards his personal expenses and the contribution to the family would be Rs.11,719/-. Under the head of loss of dependency it would come to an amount of Rs.21,09,420/- (11,719 x 12 x 15) under the head of consortium' (4 x 44,000) Rs.1,76,000/- and towards 'funeral expenses' a sum of Rs.36,000/- is granted. 5. Altogether, the claimants are entitled for compensation of an amount of Rs.23,21,420/-. i) Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.17,08,660/- to Rs.23,21,420/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. ii) Both the Insurance Companies are jointly and severally liable to pay the compensation within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the - 5 - HC-KAR NC: 2025:KHC:24871 MFA No. 7877 of 2022 claimants are entitled to withdraw the entire amount without furnishing any security. iii) * Respondent No.4/Insurance company is liable to pay 50% of the awarded amount and recover the same from the R-3/owner of the vehicle. iv) The apportionment of the amount shall be as per the award 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 VS List No.: 4 Sl No.: 35 CT: BHK * Page No.5 is retyped and replaced vide chamber order dated: 27.09.2025.