- 1 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.3609 OF 2019 (MV-D) BETWEEN: 1. SRI. BALAKRISHNA KESHAV GANGULI AGED ABOUT 59 YEARS, S/O. LATE GANGULI KESHAV SHERUGAR NO.13, I MAIN ROAD CANARA BANK COLONY, NAGARABHAVI ROAD, BANGALORE-560072. 2(a) SMT VATHSALA K SINCE DEAD BY LRS, SRI VASUDEVA KOTHWAL, AGED ABOUT 75 YEARS, S/O SRI MANJUNATH KOTHWAL, R/AT NO.293, 8TH MAIN, CANARA BANK COLONY, NAGARABHAVI MAIN ROAD, BANGALORE-560072. 2(b) SMT JYOTHI BIJOOR AGED ABOUT 46 YEARS W/O SRI HARISHCHANDRA BIJOOR, RESIDIG AT NO.1246, 25TH MAIN, 20TH CROSS, "B" BLOCK, "D" GROUP LAYOUT, SREEGANDHADAKAVAL, BANGALORE-560091. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 2(c) SMT KIRAN BELKI AGED ABOUT 44 YEARS D/O SRI VASUDEVA KOTHWAL, R/AT NO.293, 8TH MAIN, CANARA BANK COLONY, NAGARABHAVI MAIN ROAD, BANGALORE-560072. 2(d) SRI PRAHALAD KOTHWAL AGED ABOUT 39 YEARS S/O SRI VASUDEVA KOTHWAL, RESIDING AT NO.293, 8TH MAIN, CANARA BANK COLONY, NAGARABHAVI MAIN ROAD, BANGALORE-560072. 3. SRI PRAKASH GANGULI AGED ABOUT 66 YEARS, S/O.LATE GANGULI KESHAV SHERUGAR, NO.802, 20TH MAIN ROAD, 1ST CROSS ROAD, JNANABHARATHI LAYOUT, NAGADEVANAHALLI, BANGALORE SOUTH - 560 056. 4. SMT SHASHIKALA K AGED ABOUT 64 YEARS, D/O. LATE GANGULI KESHAV SHERUGAR, W/O SRI. K.C.KOTHWAL, R/AT NO.3-251, BHADUR SHAH ROAD, NEAR SEETHA RAMACHANDRA TEMPLE, KUNDAPURA-576201. APPELLANTS NO.2(a) TO 2(d), 3 AND 4 ARE REPRESENTED BY THEIR GPA HOLDER SRI BALAKRISHNA KESHAV GANGULI …APPELLANTS (BY SRI. Y K NARAYANA SHARMA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 AND: 1. MS. THILAG MAJOR, C/O. SRI.D.N.SHARAVANAN, NO.7/8, 6TH CROSS, VIDYANAGAR, OPP. SKF COMPANY, BOMMASANDRA, BANGALORE - 560 099. 2. SRI KARTHIK S AGED ABOUT 27 YEARS, S/O.SRI.D.N.SHARAVANAN, NO.39/48, 6TH MAIN , II STAGE, REMCO LAYOUT, VIJAYANAGAR, BANGALORE - 560040 3. THE NEW INDIA ASSURANCE CO. LTD. REP. BY ITS MANAGER, NO.1215, 12TH FLOOR, NAVARANG HOUSE, NO.21, KASTURBA GANDHI MARG, NEW DELHI-110001 AND REPRESENTED BY ITS MANAGER, REGIONAL OFFICE AT NO.2-B, UNITY BUILDING ANNEXE, MISSION ROAD, BANGALORE - 560 027 …RESPONDENTS (BY SRI. A R LAKSHMI NARAYANA, ADV. FOR R3; V/C/O DATED 13.09.2023 NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2019 PASSED IN MVC NO.1987/2017 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT- 7, BENGALURU [SCCH-7], 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: - 4 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the claimants impugning the judgment and order dated 29.01.2019 passed in M.V.C.No.1987/2017 by the IX Additional Small Causes and Additional Motor Accidents Claims Tribunal, Bangalore (SCCH-7). The deceased who was 89 years of age, a retired Senior Manager of Canara Bank was drawing pension at Rs.21,018/- per month. The claimants are the sons and daughters of the deceased. The second claimant died during the pendency of the claim petition before the Tribunal and her legal heirs were brought on record. The Tribunal after considering the facts and evidence has awarded the compensation of Rs.34,000/- under following heads with interest at the rate of 6% p.a., from the date of the petition till realization of the entire amount. - 5 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 1 For loss of love and affection Rs. 15,000-00 2 For funeral, obsequies ceremony and conveyance Rs. 15,000-00 3 For medical expenses Rs. 4,000-00 Total Rupees 34,000-00 2. The Tribunal has not awarded any compensation towards loss of dependency and for consortium only Rs.15,000/- has been awarded. The facts regarding the accident etc., are not in dispute, neither the pension amount of the deceased is not in dispute. 3. The question which involves for consideration is that whether a person who has sons and daughters as legal heirs and dies or suffers injuries is not entitled for compensation on the head of dependency?. If the legal heirs are employed, it cannot be said that they are not entitled for compensation in case of death of the person, who is aged around 89 years. Considering the aforesaid facts that if the deceased was drawing Rs.21,018/- pension per month and legal heirs are the sons and daughters of the deceased, this Court is of the view that they are entitled for compensation on - 6 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 the head of dependency. The monthly pension of the deceased i.e., Rs.21,018/- multiplied by '12' and multiplier '5' is to be applied for calculating the dependency after deducting 1/3rd which works out to (21,018 X 3 2 X 12 X 5) i.e., Rs.8,40,720/- and towards the loss of consortium, a compensation of Rs.1,44,000/- [Rs.48,000 (40,000 + 20% escalation) X 3] is awarded to each of the claimants. Thus, total compensation is awarded on the following heads: Heads Amount in Rs. 1 For loss of love and affection Rs. 15,000-00 2 For funeral, obsequies ceremony and conveyance Rs. 18,000-00 3 For medical expenses Rs. 4,000-00 4 Loss of dependency Rs. 8,40,720-00 5 Loss of consortium Rs. 1,44,000-00 Total Rs. 10,21,720-00 The balance amount thus calculated towards compensation is to be paid by the respondent - Insurer, within a period of six weeks with interest at the rate of 6% p.a., from the date of filing of the petition till its realization. Page No.6 Retyped and Replaced vide Court Order dated 25/09/2025. - 7 - HC-KAR NC: 2025:KHC:29159-DB MFA No. 3609 of 2019 The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the award by the claims Tribunal. This Miscellaneous First Appeal stands disposed of. The Judgment and Award dated 29.01.2019 passed in MVC No. 1987/2017 on the file of the IX Additional Small Causes Judge & XXXIV ACMM, Court Of Small Causes, Member, MACT-7, Bengaluru shall stand modified accordingly. Draw up the Award accordingly. Registry is directed to send back the Tribunal records along with copy of this judgment. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KG List No.: 1 Sl No.: 6