- 1 - HC-KAR NC: 2025:KHC:24870 MFA No. 7875 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. 7875 OF 2022 (MV-D) BETWEEN: 1. SMT. VADDI ALIVELAMMA, W/O LATE VADDI ANJINEYULU, AGED 29 YEARS 2. V. JAYALAKSHMI DEVI D/O LATE VADDI REDDY AGED 09 YEARS 3. V. VAMSI KRISNA S/O LATE VADDI REDDY, AGED 07 YEARS 4. VENKATAGIR NARASIMHULU, S/O LATE VADDI VENKATAPPA, AGED 74 YEARS 5. SMT. VADE SUBBANNA W/O VADDE NARASIMHULU, AGED 56 YEARS APPELLANT NOS.2 AND 3 ARE MINORS, HENCE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE FIRST APPELLANT VIZ., SMT. VADDI ALIVELAMMA, R/AT NO. 4-30, THIMMAPURAM, PEDDAMANTHUR, ANANTHAPURA DISTRICT, ANDHRA PRADESH - 515 613. …APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24870 MFA No. 7875 of 2022 AND: 1. CHANDRA SEKHAR REDDY, S/O B. BALA NAGI REDDY, NO. 6-33, O.C. COLONY TADIMARRI, DADIHOTA, ANANTHPUR, ANDRAPRADESH - 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. P.S. JAGADEESH, ADVOCATE FOR R2; R1 - CHANDRA SEKHAR REDDY – SERVED *SRI.PRADEEP B., ADVOCVATE FOR R-4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO.5643/2018 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: * Corrected vide chamber order dated: 27.09.2025. - 3 - HC-KAR NC: 2025:KHC:24870 MFA No. 7875 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed by Chief Judge, Court of small causes, Member Prl. Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.5643/2018 dated 21.06.2022 the claimants are before this Court seeking enhancement of the compensation. As on the date of the accident, the age of the claimant is 30 years and he was working as a Cooli and the claimants are six in number. The Tribunal had taken Rs.9,000/- as salary and taking 25% future prospects had granted an amount of Rs.19,51,148/- and held that both the insurance companies are jointly and severally liable to pay the compensation. 2. Learned counsel appearing for the claimants submits that the accident had taken place in the year 2019, the tribunal ought to have taken Rs.12,500/- and future prospects should have been at Rs.40,000. It is submitted that under other heads also the compensation that is awarded by the Tribunal is not just and reasonable compensation. - 4 - HC-KAR NC: 2025:KHC:24870 MFA No. 7875 of 2022 3. Learned counsel appearing for the respondents/insurance companies submits that the tribunal had reasonably granted the compensation and there are no grounds to interfere. 4. 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 and as per the table prepared by the Karnataka State Legal Services Authority, salary has to be taken at Rs.12,500/- since the deceased was aged about 30 years, 40% has to be added towards future prospects, which would comes an amount of Rs.5,000/- then the salary is Rs.17,500/- and 1/4th income has to be deducted towards 'personal expenses' which comes to Rs.4,375/-. The contribution to the family would be (Rs.13,125x12x17) the amount comes to Rs.26,77,500/-. Towards "loss of consortium" of her six people (6 x 44,000) Rs.2,64,000/-. Towards "funeral expenses" this court is granting an amount of Rs.36,000/-. 5. Altogether, the claimants are entitled for compensation of an amount of Rs.29,77,500/-. - 5 - HC-KAR NC: 2025:KHC:24870 MFA No. 7875 of 2022 i) Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.19,51,148/- to Rs.29,77,500/- 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 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.: 33, CT: BHK * Page No.5 is retyped and replaced vide chamber order dated: 27.09.2025.