- 1 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2608 OF 2019 (MV-D) BETWEEN: 1. SMT NAYANA, W/O MANOJKUMAR, AGED ABOUT 28 YEARS, 2. MASTER CHANDAN ARADHYA, S/O LATE MANOJKUMAR, AGED ABOUT 5 YEARS, 3. SRI BASAVARAJ B.J @ RAJANNA, S/O GANGADHARAIAH, AGED ABOUT 67 YEARS 4. SMT GAYATHRI, W/O B.J. BASAVARAJ @ RAJANNA AGED ABOUT 59 YEARS APPELLANT NO.2 IS A MINOR REPRESENTED BY NATURAL GUARDIAN AND MOTHER SMT. NAYANA THE 1ST APPELLANT HEREIN. ALL ARE R/AT NO.165, 3RD MAIN, 3RD CROSS, NEAR MASJID, BEGUR ROAD, BOMMANHALLI BENGALURU - 560 068 …APPELLANTS (BY SRI. VASANTHAPPA, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 AND: SRI MUNIREDDY, S/O MUNISWAMY REDDY, R/AT NO.9, 1ST FLOOR, 3RD CROSS, VAJPAYEE NAGAR, NEAR ANDRRA BANK, HONGASANDRA BENGALURU - 560 068 …RESPONDENT (NOTICE TO RESPONDENT HELD SUFFICIENT (V/O DTD.18/6/25)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.10.2018 PASSED IN MVC NO.1808/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER-MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 30.10.2018 passed in - 3 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 M.V.C.No.1808 of 2016, by the learned XXI Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants. Notice on respondent was served on 18.06.2025 and the same was returned with an endorsement as refused. Hence, it is a proper service and he is set ex-parte. 3. Learned counsel for the appellants contended that, Manojkumar met with an accident on 25.09.2015 and died. His wife, child and parents filed the claim application, claiming compensation of Rs.40,00,000/-. The Trial Court considering the entire evidence on record granted Rs.6,64,068/- with interest at the rate of 6% from the date of petition, till deposit of the amount before the Court. Being aggrieved by the said order, this appeal is preferred by the appellants. - 4 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 4. It is contended that, the deceased was doing business and was earning more than Rs.30,000/- per month. But the Tribunal wrongly taken his income as Rs.4,000/- per month and his future prospects of 50% to be added and more amount ought to have granted under the conventional heads and interest is also to be granted more than 6%. Therefore, requested for enhancement of compensation. 5. As the accident occurred in the year 2015, the notional income of Rs.9,000/- is to be taken, as per the guidelines given by Karnataka State Legal Services Authority. As there are 4 dependents, ¼th is to be deducted towards his personal expenses as per the guidelines of the Hon’ble Apex Court in Sarla Verma Vs. Delhi Transport Corporation1. The age of the deceased was 28 years. Hence, his future prospects is to be taken as 40% as per the guidelines of the Hon’ble Apex Court in National 1 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 Insurance Company Limited Vs. Pranay Sethi2. Therefore, the Loss of dependency would come to Rs.9,000x¼=Rs.2250/-. Rs.2,250/- is to be deducted from Rs.9,000/- (Rs9,000-2250=6,750/-) again Rs.9,000x50%=Rs.4,500/- is to be added to Rs.6,750. (Rs.6,750+Rs.4,500=Rs.11250/-). Therefore, the loss of dependency is Rs.22,95,000/-(11,250x17x12). Appellant Nos.1 and 2 are the wife and son of the deceased. Appellant No.1 is entitled for Rs.40,000/- under the loss of consortium and appellant No.2 is entitled for parental consortium of Rs.40,000/- and appellant Nos. 3 and 4 are the parents of the deceased and they are entitled for Rs.40,000/- each for filial consortium and the appellants are also entitled for conventional heads of Rs.15,000/- for transportation and Rs.15,000/- funeral expenses as per the guidelines of the Hon’ble Apex Court in Pranay Sethi (supra). 2 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 6. In all, the total compensation comes to Rs.24,85,000/- under the following heads:- Sl No Particulars Amount 1 Loss of dependency 22,95,000/- 2 Loss of consortium 40,000/- 3 Loss of parental consortium 40,000/- 4 Loss of filial consortium 80,000/- 5 Transportation of dead body and funeral expenses 30,000/- Total Rs.24,85,000/- 7. Thus, compensation is enhanced from Rs.6,64,068/- to Rs.24,85,000/- with interest at the rate of 6% per annum. 8. In the result, the following order is passed: ORDER i. Appeal is allowed. ii. The judgment and award dated 30.10.2018 passed in M.V.C.No.1808/2016 by the learned XXI Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru is modified; - 7 - HC-KAR NC: 2025:KHC:30353 MFA No. 2608 of 2019 iii. The appellants are is entitled to a sum of Rs.24,85,000/- along with interest at 6% p.a from the date of petition till the date of realization as against Rs.6,64,068/-. iv. Respondent is directed to deposit the said amount within one month from the date of this order on such deposit. v. Appellants are permitted to withdraw the entire amount along with interest accrued on the same. vi. 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 and vii. Draw award accordingly. SD/- (P SREE SUDHA) JUDGE SPV CT:VS, List No.: 1 Sl No.: 33