- 1 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.6357 OF 2017(MV-D) BETWEEN: 1. SMT. AKKAIAHAMMA, W/O LATE MUNIRAJU, AGED ABOUT 33 YEARS, 2. KUM. CHANDRAKALA.M., D/O LATE MUNIRAJU, AGED ABOUT 12 YEARS, (SINCE APPELLANT NO.2 IS MINOR SHE IS REP. BY HER MOTHER SMT. AKKAIAHAMMA) 3. SMT. MUNIERAMMA, W/O LATE VENKATASWAMAIAH, AGED ABOUT 61 YEARS, ALL ARE R/AT NO.10, PALLARAHALLI, NELAMANGALA TLAUK, BENGALURU RURAL DISTRICT. …APPELLANTS (BY SRI.RAGHU R., ADVOCATE FOR A1 TO A3) AND: 1. BHARATHI AXA GENERAL INSURANCE CO. LTD., NO.30, 3RD FLOOR HEBBAL PRIDE QUADRA, BELLARY ROAD, BENGALURU – 560 024. REPRESENTED BY ITS MANAGER. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 2. SRI. SHIVAGANGAIAH, S/O MARISHAMAYYA, NO.18, SHANKARA DHAMA 1ST MAIN, 1ST CROSS, SADASHIVANAGAR LAYOUT, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. JAGADISH P S., ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2017 PASSED IN MVC NO.1737/2016 ON THE FILE OF THE I ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, (SCCH-11), 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 MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed under Section 173(1) of the Motor Vehicles Act, 19801 by the claimants, challenging the judgment and award dated 02.06.2017 passed in M.V.C.No.1737/2016 by the I Additional Small 1 Hereinafter referred to as ‘M.V. Act’ - 3 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 Causes Judge & XXVII ACMM, Bengaluru (SCCH-11)2, seeking for enhancement of the quantum of compensation awarded. 2. The findings of the Tribunal regarding negligence and liability have not been challenged in the present appeal and the same have attained finality. Hence, the only question that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation. 3. Heard the submissions of the learned counsel, Shri.Raghu.R., appearing for the appellants/claimants and learned counsel, Shri.Jagadish.P.S., appearing for the Respondent No.1/ Insurer. 4. It is forthcoming that the deceased was aged 40 years as on the date of the accident, i.e., on 14.11.2014 and the Tribunal has applied appropriate multiplier of '15', which is just and proper. 2 Hereinafter referred to as the ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 5. It is averred that the deceased was a contractor. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the notional income of the deceased as `8,000/- per month. Having regard to the date of the accident, the notional income of the deceased is re-assessed as `8,500/- per month. 6. 40% is required to be added towards future prospects, having regard to the judgment of the Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED V. PRANAY SETHI AND OTHERS3. Since the deceased was married and the claimants are his wife, daughter and mother, 1/3rd is required to be deducted towards his personal expenses. Hence, the compensation towards loss of dependency is re-assessed as (`8,500/- + 40% - 1/3rd X 12 X 15)= `14,27,940/- as against Rs.9,59,940/- assessed by the Tribunal. 3 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 7. The loss of consortium is required to be awarded to the three claimants in terms of the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY LIMITED VS. NANU RAM ALIAS CHUHRU RAM AND OTHERS4 at `40,000/- each together with escalation at 20%. Accordingly, the loss of consortium is re-assessed as (`48,000 X 3)= `1,44,000/- as against `1,00,000/- assessed by the Tribunal. 8. The compensation towards loss of estate and funeral expenses is required to be awarded at `15,000/- each together with escalation at 20%. Accordingly, compensation of `18,000/- each is awarded towards funeral expenses and loss of estate respectively. 9. The Tribunal has awarded medical expenses in a sum of `2,08,000/- as per the medical bills, which is just and proper and not interfered with. 4 (2018) 18 SCC 130 - 6 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 10. The compensation of `75,000/- awarded towards loss of love and affection by the Tribunal is set aside since compensation has been awarded on other conventional heads as above. 11. The Tribunal has awarded interest at 8% per annum. Taking judicial notice of the interest awarded towards Fixed Deposits, the interest is awarded at 7% per annum on the compensation re-assessed by this Court. Hence, the total compensation under various heads is re- assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Loss of dependency 9,59,940.00 14,27,940.00 2 Loss of love and affection 75,000.00 - 3 Loss of consortium 1,00,000.00 1,44,000.00 4 Medical expenses 2,08,000.00 2,08,000.00 5 Funeral expenses 30,000.00 18,000.00 6 Loss of estate - 18,000.00 Total 13,42,940.00 Rounded off 13,43,000.00 18,15,940.00 12. Hence, the appellants/claimants are entitled for enhanced compensation of `4,72,940/- (`18,15,940/- – - 7 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 `13,43,000/-) rounded off to `4,73,000/- together with interest at 7% p.a. 13. In view of the aforementioned, the following: ORDER i) The appeal is partly allowed; ii) The judgment and award dated 02.06.2017 passed in M.V.C.No.1737/2016 on the file of I Additional Small Causes Judge and XXVII ACMM, Bengaluru (SCCH-11) is modified to the extent of holding that the claimants are entitled to a further compensation of `4,73,000/-, together with interest at 7% per annum from the date of petition till the date of payment, in addition to the compensation awarded by the Tribunal. iii) The judgment and award of the Tribunal in all other respects, including apportionment, remains unaltered; iv) The Insurer shall deposit the enhanced compensation together with accrued interest within a period of six weeks; - 8 - HC-KAR NC: 2025:KHC:26849 MFA No. 6357 of 2017 v) Upon such deposit, the entire enhanced compensation together with accrued interest be disbursed to the claimants digitally; vi) The Registry to draw the modified award accordingly. vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE DH List No.: 1 Sl No.: 4