- 1 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.476 OF 2025 (MV-D) BETWEEN: 1. SRINIVASA N. S/O. LATE NARAYANASWAMY AGED ABOUT 42 YEARS. 2. VENKATESH N. S/O. LATE NARAYANASWAMY AGED ABOUT 51 YEARS. 3. CHOWDAPPA S/O. LATE NARAYANASWAMY AGED ABOUT 44 YEARS. APPELLANT NOS.1 TO 3 ARE RESIDENT OF KUMBARAHALLI VILLAGE TAMAKA POST KOLAR TALUK. 4. CHOWDAMMA D/O. LATE NARAYANASWAMY W/O. CHOWDAPPA AGED ABOUT 47 YEARS RESIDENT OF BYAPPAHALLI VILLAGE SHIDLAGATTA TALUK CHIKKABALLAPURA DISTRICT. …APPELLANTS (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 AND: 1. C.M. MANJULA NAIDU W/O. C.G. MADHUSUDHAN AGED: MAJOR NO.31/2, 1ST MAIN, 5TH CROSS MARUTHI EXTENSION SRIRAMAPURAM BENGALURU. 2. ACKO GENERAL INSURANCE CO. LTD. NO.36/5, HUSTLEHUB ONE EAST SOMASANDRAPALYA 27TH MAIN ROAD, SECTOR-2 HSR LAYOUT BENGALURU- 560 002 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI ANUP SEETHARAMA RAO, ADVOCATE, FOR R-2, AND VIDE ORDER DATED 20-1-2025, NOTICE TO R-1 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 22-10-2024 PASSED IN M.V.C. NO.20 OF 2024 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE & MEMBER, M.A.C.T., KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimants challenging the judgment and award dated 22.10.2024 passed in M.V.C. No.20/2024 on the files of the learned I Additional District and Sessions Judge and Motor Accidents Claims Tribunal, Kolar, whereby, the Tribunal awarded a total compensation of Rs.8,50,000/- with interest at the rate of 6% per annum from the date of petition till the date of deposit by fastening the liability on respondent No.2-Insurance Company. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. Brief facts of the case are that on 24.11.2023, Sri Narayanaswamy (hereinafter referred to as the 'deceased') was proceeding as a pedestrian towards Kalahasthipura Gate in order to bring milk packet from Kumbarahalli, on a service road and when he reached Chadumanahalli Gate of Kolar-Mulbagal on NH-75 'U' turn and waiting to cross the road, at about 7.30 a.m., the driver of car, bearing registration No.KA-17 P-8373, came in rash and negligent manner and dashed against the deceased, as a result, the deceased sustained - 4 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 severe injuries and succumbed to the injuries on the spot. Hence, the claimants, being dependents of the deceased, filed claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation. 4. The Tribunal, considering the evidence on record as per Exs.P1 to P10 and oral evidence of PW1, partly allowed the claim petition by awarding a total compensation of Rs.8,50,000/- with interest at the rate of 6% per annum from the date of petition till the date of deposit. Being aggrieved by the same, the claimants are in this appeal. 5. Learned counsel for the appellants/claimants has strenuously contended that the Tribunal has not awarded any compensation under the head of 'loss of consortium', however, it has granted a meager amount of Rs.80,000/- towards 'loss of love and affection' which is on lower side. There are four claimants and hence, the same requires to be enhanced. 6. Per contra, the learned counsel for respondent No.2- Insurance Company supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just - 5 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 and reasonable compensation under each heads, which does not call for interference at the hands of this Court. Thus, he prays for dismissal of the appeal. 7. Having heard the learned counsel for the parties and on perusal of the appeal papers including original records of the Tribunal, the following point would arise for our consideration in this appeal: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? 8. In this case, there is no dispute with regard to the accident, cause of death of the deceased and liability fastened on the Insurance Company. 9. In so far as grant of compensation under conventional heads is concerned, the Tribunal has awarded a sum of Rs.50,000/- towards 'funeral expenses, obsequies and transportation charges' and Rs.80,000/- towards 'loss of love and affection', which are contrary to the dictum of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported - 6 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 in 2018 (18) SCC 130 and in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decisions, the claimants are entitled to compensation of Rs.1,60,000/- (40,000/- each) and the same is merged along with 'loss of love and affection'. In addition, the claimants are entitled to Rs.15,000/- towards 'loss of estate' and Rs.15,000/- towards 'transportation of dead body and funeral expenses'. 10. Thus, in all, the claimants are entitled to enhanced compensation as under: HEADS Rs. Loss of dependency 7,20,000.00 Loss of consortium (Rs.40,000 X 4 dependents) 1,60,000.00 Loss of estate 15,000.00 Transportation and funeral expenses 15,000.00 TOTAL 9,10,000.00 Less: Compensation awarded by the Tribunal 8,50,000.00 ENHANCED COMPENSATION 60,000.00 11. In the result, we pass the following: - 7 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 O R D E R i. The appeal filed by the claimants is partly allowed. ii. The judgment and award dated 22.10.2024 passed in M.V.C. No.20/2024 on the files of the learned I Additional District and Sessions Judge and Motor Accidents Claims Tribunal, Kolar, are modified to the extent stated hereinabove. The claimants are entitled for a total compensation of Rs.9,10,000/- as against Rs.8,50,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.60,000/- from the date of filing the claim petition till the date of realisation. iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement, and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. - 8 - HC-KAR NC: 2025:KHC:33216-DB MFA No. 476 of 2025 v. Draw a modified award accordingly. vi. No order as to costs. In view of the disposal of the main appeal, pending interlocutory applications, if any, stand dismissed. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 40