- 1 - HC-KAR NC: 2025:KHC:42830 MFA No. 4313 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 4313 OF 2024 (MV-D) BETWEEN: 1. VIDYASHREE A D/O. LATE ANKAIAH @ ANKANAIKA AGED ABOUT 11 YEARS 2. DHANUSHREE. A D/O. LATE ANKAIAH @ ANKANAIKA AGED ABOUT 08 YEARS 3. DHANUSH S/O. LATE ANKAIAH @ ANKANAIKA AGED ABOUT 06 YEARS APPELLANT NO.1 TO 3 ARE MINORS REP. BY NATURAL GUARDIAN GRAND FATHER SUBBANAIKA, R/OF GATTAVADI VILLAGE DODDAKAVALANDE HOBLI NANJANAGUD TALUK MYSURU DISTRICT-571 301 PRESENTLY R/AT SOORAHALLI VILLAGE KASABA HOBLI, NANJANAGUD TALUK MYSURU DISTRICT-571 301 …APPELLANTS (BY SRI. GIREESHA S N., ADVOCATE) AND: 1. MAHADEVASWAMY @ MAHESHA S/O. LATE SIDDAPPA AGED ABOUT 44 YEARS R/AT HADINARU VILLAGE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42830 MFA No. 4313 of 2024 CHATRA HOBLI, NANJANGUD TALUK MYSURU DISTRICT-571 301 2. MAHADEVASHETTY. B. S/O. BETTASHETTY R/ AT GANGANAHALLI VILLAGE BEGURU HOBLI, GUNDLUPETE TALUK CHAMARAJANAGARA DIST-571 313 3. NATIONAL INSURANCE COMPANY LTD., NO. 656/C, FIRST FLOOR, 17TH MAIN 5TH CROSS, SARASWATHIPURAM MYSURU-570 009 …RESPONDENTS (BY SRI.ASHOK N. PATIL, ADVOCATE FOR R3; NOTICE TO R1 AND R2 ARE DISPENSED WITH VIDE ORDER DATED 31.07.2025) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.04.2023 PASSED IN MVC NO.47/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD, 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:42830 MFA No. 4313 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.47/2019 dated 26.04.2023 by the Senior Civil Judge & JMFC, Nanjangud, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.48,85,000/- for the death of the deceased in the road traffic accident. On 15.04.2018 at about 5.00 p.m. deceased and her daughter were going on a motorbike towards Beguru, then near Malavalli gate, Gundlupet, rider of the Hero splendor bike came in a rash and negligent manner and dahed against the motorbike. Due to the said accident, all of them sustained grievous injuries and the deceased died in the hospital. 3.The tribunal had granted compensation for an amount of Rs.20,17,000/- as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Suffering : Rs. 18,48,000/- 2. Loss of Consortium : Rs. 1,32,000/- 3. Loss of estate : Rs. 16,500/- - 4 - HC-KAR NC: 2025:KHC:42830 MFA No. 4313 of 2024 4. Funeral Expenses : Rs. 16,500/- 5. Conveyance : Rs. 4,000/- TOTAL : Rs. 20,17,000/- 4. Learned counsel appearing for the claimants submits that tribunal had taken income at Rs.9,000/-, though the accident had taken place in the year 2018, the tribunal ought to have taken the income at Rs.12,500/- as per chart prepared by the Karnataka State Legal Service Authority. On all counts, compensation that is awarded by the tribunal is not a just and reasonable compensation. 5. Learned counsel appearing for the respondent/ insurance company submits that tribunal had granted just and reasonable compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. As the accident had occurred in the year 2018, this court is inclined to take the income at Rs.12,500/- as per the chart prepared by the Karnataka State Legal Service Authority. 40% future prospects would come to Rs.5,000/- (Rs.12,500/- + Rs.5,000) = Rs.17,500/-. There are three dependants, hence 1/3rd has to - 5 - HC-KAR NC: 2025:KHC:42830 MFA No. 4313 of 2024 be deducted, it comes to Rs.5,833/- and his contribution to the family would be Rs.11,666/-. Hence, under the head of loss of dependency, this court is granting an amount of Rs. (Rs.11,667/-x12x15) =Rs.21,00,060/-. Towards loss of consortium (Rs.44,000/- x 3) this court is granting an amount of Rs.1,32,000/- and towards funeral expenses this court is granting an amount of Rs.36,000/-. Towards conveyance allowance, the tribunal had rightly granted the compensation of an amount of Rs.4,000/- and as per the bills towards medical expenses this court is granting an amount of Rs.2,437/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimants are entitled for compensation for an amount of Rs.25,64,437/- under the following heads: 1 (2014) 11 SCC 178 Page No.5 is retyped and replaced vide chamber order dated: 19/12/2025. - 6 - HC-KAR NC: 2025:KHC:42830 MFA No. 4313 of 2024 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering : Rs. 18,48,000/- 21,00,060/- 2. Loss of Consortium : Rs. 1,32,000/- 1,32,000/- 3. Loss of estate : Rs. 16,500/- 00/- 4. Funeral Expenses : Rs. 16,500/- 36,000/- 5. Conveyance : Rs. 4,000/- 4,000/- 6. Medical expenses : Rs. 00/- 2,437/- 7. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 20,17,000/- 22,84,497/- i. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.20,17,000/- to Rs.22,84,497/- 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 the date of receipt of copy of the Page No.6 is retyped and replaced vide chamber order dated: 19/12/2025. - 7 - HC-KAR NC: 2025:KHC:42830 MFA No. 4313 of 2024 judgment. On such deposit, the claimant is entitled to withdraw the amount as per the award. v. The delay of 303 days is condoned by order dated 27.10.2025 that the claimant are not entitled for interest during the delay period. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 19