- 1 - HC-KAR NC: 2025:KHC:37979 MFA No. 3915 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3915 OF 2024(MV-D) BETWEEN: 1. SMT LAKSHMAMMA, S/O. LATE RAJENDRA, AGED ABOUT 48 YEARS, 2. ABHILASHA R., D/O. LATE RAJENDRA, W/O. THIMMARAJU, AGED ABOUT 28 YEARS, 3. SRI. ARUN KUMAR R. S/O. LATE RAJENDRA, AGED ABOUT 26 YEARS, 4. SMT. KAMAKSHAMMA W/O. LATE NARAYANACHARI, AGED ABOUT 73 YEARS, 1ST AND 3RD APPELLANT ARE R/AT: NO. 162, 4TH CROSS, C. K. NAGARA, NEAR GOVERNMENT SCHOOL, VASSA ROAD, ELECTRONIC CITY, BANGALORE-560 100. 2ND APPELLANT R/AT: KONASALE VILLAGE, MADDURU TALUK, MANDYA DISTRICT-571 428. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37979 MFA No. 3915 of 2024 4TH APPELLANT R/AT: NO. 110, HOSAKOTE VILLAGE, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. …APPELLANTS (BY SMT. NITHYA V., ADVOCATE FOR SRI. PRAKASH M. H., ADVOCATE) AND: 1. HDFC ERGO GEN. INS. CO. LTD., UNIT NO. 14, 1ST FLOOR, CUNNINGHAM ROAD, BANGALORE-560 052. REP. BY ITS MANAGER. 2. SRI. MUTHURAJU. K. M., S/O. MARE GOWDA, MAJOR, R/AT KOKKARE HOSAHALLI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R1(VC); NOTICE TO R2 IS DISPENSED WITH, V/O. DATED 18.07.2025) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.03.2024 PASSED IN MVC NO. 2129/2021 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSE, BENGALURU CITY (SCCH-14), 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37979 MFA No. 3915 of 2024 ORAL JUDGMENT Heard Ms.Nithya, who represents Sri.Prakash.M.H, learned counsel on record for the appellants and who appears before this Court physically. Also heard Sri.D.Vijayakumar learned counsel for respondent No.1, who appears through video conference. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.2129/2021 dated 12.03.2024. This is a claimants' appeal. 3. The wife, two children who attained the age of majority and the mother of the deceased Rajendra filed a petition claiming compensation of ₹50,00,000/- in total on the ground that the deceased Rajendra (hereinafter be referred to as the 'deceased' for brevity) died in a road traffic accident that occurred in the year 2021. The - 4 - HC-KAR NC: 2025:KHC:37979 MFA No. 3915 of 2024 Tribunal through the impugned award granted a sum of ₹26,17,500/- as compensation. The version of the appellants is that they are entitled for a higher sum. 4. Learned counsel who represents the appellants submits that the grievance of the appellants is only that they were not granted the entitled amount under the head loss of consortium. 5. The submission of learned counsel for respondent No.1 on the other hand is that, apart from granting ₹44,000/- under the head loss of consortium, the Tribunal granted a sum of ₹50,000/- towards loss of love and affection and therefore, the award of the Tribunal needs no interference. 6. Admittedly, the wife, the children and the mother of the deceased filed a petition claiming compensation. The accident occurred in the year 2021. As per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and - 5 - HC-KAR NC: 2025:KHC:37979 MFA No. 3915 of 2024 Others reported in (2017) 16 SCC 680, the wife is entitled to ₹44,000/- towards loss of spousal consortium, the children are entitled to ₹44,000/- towards loss of parental consortium and the mother is entitled to ₹44,000/- towards loss of filial consortium. However, the Tribunal granted a sum of ₹44,000/- only under the head loss of consortium. But as rightly contended by learned counsel for respondent No.1, ₹50,000/- is granted towards loss of love and affection. 7. Though learned counsel for the appellants during the course of submission stated that the compensation granted under the head loss of dependency is on lower side, this Court does not find any substance in the said submission and to grant further amount. Therefore, taking into consideration the totality of the facts and circumstances of the case, this Court is of the view that the appellants are entitled to an additional sum of ₹50,000/- globally. - 6 - HC-KAR NC: 2025:KHC:37979 MFA No. 3915 of 2024 Thus, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.2129/2021 dated 12.03.2024 is enhanced by ₹50,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) The apportionment made by the Tribunal applies to enhanced sum as well. (vi) On deposit, the appellants are permitted to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 71