- 1 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 4163 OF 2024 (MV-D) BETWEEN: 1. SMT ANUSUYA BAI W/O MOHAN AGED ABOUT 44 YEARS 2. LAVANYA J M S/O MOHAN AGED ABOUT 20 YEARS 3. DHANUSH M S/O MOHAN AGED ABOUT 18 YEARS 4. AMMU BAI W/O LATE KRISHNOJI RAO AGED ABOUT 72 YEARS ALL ARE RESIDING AT NO.35/1, NANJAMBA AGRAHARA CHAMARAJPETE, 3RD MAIN BANGALORE – 560 018. …APPELLANTS (BY SRI. RANGEGOWDA N R, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 AND: 1. UNITED INDIA INSURANCE COMPANY LTD T.P. HUB, 6TH FLOOR, KRISHIBHAVANA BUILDING HUDSON CIRCLE BANGALORE – 560 001. REP. BY ITS MANAGER 2. SATISH D N S/O NARAYANAPPA D N AGED MAJOR R/AT DEVASTHANADAHOSAHALLI VILLAGE, GUNDLAGURKI POST, CHIKKABALLAPUR DISTRICT – 562 101. …RESPONDENTS (BY SRI. HEGDE SUBRAYA VENKATARAMAN, ADVOCATE FOR R1; V/O DATED 3/3/25 NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE CHIEF JUDGE COURT OF SMALL CAUSES AND MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT BANGALORE (SCCH-1), IN MVC NO.5277/2022 DATED 29/02/2024 ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5277/2022 dated 29.02.2024 by the Chief Judge, Court of Small Causes and Member, Principal, MACT, Bengaluru, whereby the Tribunal had awarded compensation of an amount of Rs.23,29,664/-, the claimants are before this Court seeking enhancement of the compensation. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of dependency Rs. 21,20,664/- 2. Loss of estate Rs. 16,500/- 3. Funeral expenses Rs. 16,500/- 4. Towards spousal consortium Rs. 44,000/- 5. Towards parental consortium Rs. 88,000/- 6. Filial consortium Rs. 44,000/- Total Rs. 23,29,664/- 2. Learned counsel appearing for the appellants/ claimants submits that the Tribunal had taken the income at Rs.14,500/- per month and this accident had happened in the year 2022, the Tribunal ought to have taken the income at - 4 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 Rs.15,500/- per month. It is submitted that the deceased was working as a driver and the Tribunal ought to have taken the income at an amount of Rs.20,000/- per month. It is submitted that even under the other conventional heads the compensation that is awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 3. Learned counsel appearing for respondent No.1/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 4. Having heard the learned counsels on either side, perused the material on record. This accident had taken place in the year 2022. As per the chart, this Court is taking the income at Rs.15,500/- per month. The deceased age is 49 years, 25% future prospects would come to an amount of Rs.3,875/-, then his income is Rs.19,375/-, as there are 4 dependents, 1/4th has to be deducted towards his personal expenses, then it would come to an amount Rs.4,843/-. Then, his contribution to the family is Rs.14,532/-. Hence, this Court is granting an amount of (14532X12X13)= Rs.22,66,992/- - 5 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 towards loss of dependency. Towards loss of consortium this Court is granting an amount of (4X44000)=Rs.1,76,000/- . Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 5. 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. 6. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of dependency Rs. 21,20,664/- 22,66,992/- 2. Loss of estate Rs. 16,500/- 00/- 3. Funeral expenses Rs. 16,500/- 36,000/- 4. Towards spousal consortium Rs. 44,000/- 00/- 5. Towards parental consortium Rs. 88,000/- 00/- 6. Filial consortium Rs. 44,000/- 00/- 7. Loss of consortium Rs. 00/- 1,76,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 23,29,664/- 24,88,992/- 7. Altogether, the claimants are entitled for the compensation of an amount of Rs.24,88,992/-. 8. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.23,29,664/- to Rs.24,88,992/- and the Insurance Company is liable to pay the compensation amount. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.1/Insurance Company shall pay the compensation. iv) Respondent No.1/Insurance Company shall deposit the amount 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 amount as per the award. 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. - 7 - HC-KAR NC: 2025:KHC:45074 MFA No. 4163 of 2024 vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI BN List No.: 3 Sl No.: 45