- 1 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 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. 7876 OF 2022 (MV-D) BETWEEN: 1. SMT. BHARATHAMMA W/O LATE RAVINDRA REDDY, AGED 47 YEARS, 2. ARCHANA D/O LATE RAVINDRA REDDY, AGED ABOUT 23 YEARS, 3. ASHA D/O LATE RAVINDRA REDDY, AGED 20 YEARS, 4. ANKITHA D/O LATE RAVINDRA REDDY, AGED ABOUT 18 YEARS, 5. ABHILASH S/O LATE RAVINDRA REDDY, AGED ABOUT 16 YEARS, SINCE MINOR REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE FIRST APPELLANT VIZ., SMT BHARATHAMMA, ALL ARE RESIDING AT NO.1-43, LAKKASANPALLI, CHERUKUR, ANANTHAPURA DISTRICT, ANDHRA PRADESH. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. CHANDRA SEKHAR REDDY, S/O B. BALA NAGI REDDY, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 of 2022 NO. 6-33, O.C. COLONY TADIMARRI, DADIHOTA, ANANTHPUR, ANDRA PRADESH - 515 631. 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; R1 - CHANDRA SEKHAR REDDY – SERVED **SRI.B.PRADEEP, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO.5642/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-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 ** Corrected vide chamber order dated: 14.10.2025. - 3 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 of 2022 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of the compensation granted in M.V.C.No.5642/2018 on the file of the Chief Judge, Court of Small Causes, and Member, Principal Motor Vehicles Accident Claims Tribunal, Bengaluru, dated 21.06.2022. 2. The claim petition was filed seeking compensation of an amount of Rs.25,00,000/- for the death of the deceased in the accident. According to the claimants, the deceased was earning an amount of Rs.25,000/- per month. All the claimants are the dependent on the income of the deceased. The Tribunal below had held that the accident had taken place because of the rash and negligent driving of the driver of *both the vehicles accident had taken place. 3. When it comes to the compensation, as per the evidence on record, the Tribunal below had considered the income at Rs.9,000/- per month and by deducting 1/4th had granted the compensation as per the table given below: * Corrected vide court order dated: 20/08/2025. - 4 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 of 2022 Sl. No. Heads Amount 1. Monthly income of the deceased, including loss of future prospects, after deducting 1/4th towards personal expenses of the deceased Annual income of the multiplied by 12 after applying 11 multiplier, the total income comes to Rs.9,80,100/- 2. Towards Loss of Estate Rs.15,000/- 3. Towards Funeral Expenses Rs.15,000/- 4. Towards Loss of Consortium to petitioner No.1. Rs.40,000/- 5 Towards Parental Consortium to petitioner No.2 to 5 @ Rs.40,000/- each Rs.1,60,000/- Total Rs.12,10,100/- 4. Learned counsel appearing for the claimants submits that the Tribunal had taken the notional income at Rs.9,000/- which is on the lower side. The accident had taken place in the year 2018 and the Tribunal ought to have taken Rs.12,500/- as income. Under other conventional heads also the amount that is awarded by the Tribunal is not just and reasonable compensation. 5. Learned counsel appearing for respondent/ Insurance Company submits that the tribunal had considered - 5 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 of 2022 all these aspects and rightly granted compensation and there are no grounds for enhancing the compensation. *Mr.Pradeep, learned counsel appearing for respondent No.4/Insurance company supported the order impugned. 6. Having heard the learned counsels on either side, perused the entire material available on record. In this case, the accident had taken place in the year 2018, the tribunal ought to have taken Rs.12,500/- as notional income, the age of the deceased is 53 years, 10% has to be added towards 'future prospects', which comes to Rs.1,250/- and the income would be at Rs.13,750/-. The dependents are six in number, 1/4th has to be deducted towards personal expenses, it comes to Rs.3,437/- then the contribution to the family would be Rs.10,313/- the relevant multiplier is '11'. Under the head of loss of dependency it would come to an amount of Rs.13,61,316/- (Rs.10,313 x 12 x 11) and towards “loss of consortium” an amount of Rs.2,64,000/- is granted. Towards 'funeral expenses', a sum of Rs.36,000/- is granted. 7. The claimants are therefore, entitled to the compensation under the following heads: * Inserted vide court order dated: 20/08/2025. - 6 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 of 2022 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Dependency : Rs. 9,80,100.00 13,61,316.00 2. Loss of Consortium : Rs. 40,000.00 2,64,000.00 3. Funeral expenses : Rs. 15,000.00 36,000.00 4. Towards loss of Estate : Rs. 15,000.00 - 5. Towards Parental Consortium to petitioner No.2 to 5@ Rs.40,000/- each : Rs. 1,60,000.00 - TOTAL : Rs 12,10,100.00 16,61,316.00 Enhancement : Rs. 4,51,216.00 8. Altogether, the claimants are entitled for compensation of an amount of Rs.16,61,316/-. i) Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.12,10,100/- to Rs.16,61,316/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. ii) The respondent No.2 * and 4 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 * Inserted vide court order dated: 20/08/2025. - 7 - HC-KAR NC: 2025:KHC:24872 MFA No. 7876 of 2022 withdraw the entire amount without furnishing any security. *Respondent No.4 is at liberty to recover the same from the respondent No.3. iii) The apportionment of the amount shall be as per the award passed by the Tribunal. 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 VS List No.: 4 Sl No.: 34 CT: BHK * Inserted vide court order dated: 20/08/2025.