- 1 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6538 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 6022 OF 2023 (MV-D) IN MFA No. 6538/2022 BETWEEN: SMT.INDRANI C.D., W/O LATE THAMMANNA C.C., AGED ABOUT 31 YEARS, R/O CHIKKAMAGGE VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 102 …APPELLANT (BY SRI. MURTHY D.L., ADVOCATE) AND: 1. P.S.K. CHAKRAVARTHI S/O PARAMKUSHAM SATHYA, AGED ABOUT 33 YEARS, R/O SATHYANARAYANA CHARYULU, O-O, L.K.P. VURU PENUMUR, KALIKIRIKONDA TEMPLE, CHINNAMMAREDDI KHANDRIGA, CHITTOOR, ANDRAPRADESH-517 126 2. SRI R.RAMAKRISHNA SASTRY S/O R.V.S.SIDDHANTHI, MAJOR, R/O D. NO.29/114-A, BUTTAIPETA, MACHALIPATNAM, THIRUCHANAPALLY, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 TAMILNADU-621 001 3. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., NO.10/196, GANDHI ROAD, CHITTOOR , ANDHRA PRADESH-517004 REP.BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD., VENATESHWARA COMPLEX, B M ROAD, HASSAN-573 201 4. SMT.SANNAMMA W/O CHALUVAIAH, AGED ABOUT 68 YEARS 5. SRI.CHALUVAIAH S/O BORAIAH, AGED ABOUT 72 YEARS, REPONDENT NO.4 AND 5 ARE R/OF CHIKKAMAGGE VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 102 …RESPONDENTS (BY SRI. SANCHAN JAI NANDAN, ADVOCATE FOR R1 SRI.K.V.NAIK, ADVOCATE FOR R4 & R5 SRI.JWALA KUMAR, ADVOCATE FOR R3 V/O/D 29/01/2025- NOTICE TO R2 IS DISPSNED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.07.2022 PASSED IN MVC NO. 1822/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, ARAKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6022/2023 BETWEEN: 1. SANNAMMA W/O CHALUVAIAH - 3 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 AGED ABOUT 69 YEARS, R/O CHIKKAMAGGE VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT 2. CHALUVAIAH S/O BORAIAH AGED ABOUT 72 YEARS, R/O CHIKKAMAGGE VILLAGE, DODDAMAGGE HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT ...APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. INDRANI C.D., W/O LATE THAMMANNA C.C AGED ABOUT 32 YEARS, R/O CHIKKAMAGGE VILLAGE, DODDAMAGGE HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. 2. P.S.K. CHAKRAVARTHI S/O PARAMKUSHAM SATHY, AGED ABOUT 34 YEARS, R/O SATHYANARAYANA CHARYULU VURU, PENUMUR, KALIKIRIKONDA TEMPLE, CHINNAMMAREDDI KHANDRIGA, CHITTOR, ANDRA PRADESH-517 126 3. R.RAMAKRISHNA SASTRY S/O R.V.S SIDHANTHI, MAJOR, R/O D.NO. 29/114-A, BUTTAIPETA, MACHILIPATNAM, THITUCHIRAPALLI, TAMILNADU-621 001 4. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD NO. 10/196, GANDHI ROAD, - 4 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 CHITTOR, ANDRA PRADESH-517 007 REPRESENTED BY THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., VENKATESHWARA COMPLEX B.M ROAD, HASSAN ...RESPONDENTS (BY SRI. MURTHY D.L., ADVOCATE FOR R1 SRI.SACHAN JAI NANDHAN, ADVOCATE FOR R2 SRI.JWALA KUMAR, ADVOCATE FOR R4 V/O/DATED: 19/09/2025- NOTICE TO R3 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.07.2022 PASSED IN MVC NO.1822/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, ARKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1822/2019 dated 06.07.2022 by the Senior Civil Judge and Motor Accident Claims Tribunal, Arakalagud, whereby the Tribunal had granted compensation of an amount of Rs.16,82,800/-, both the wife and the parents are before this Court questioning the quantum as well as apportionment of the compensation. - 5 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 MFA.No.6538/2022 is filed by the wife of the deceased and MFA.No.6022/2023 is filed by the parents of the deceased. 2. The facts of the case are that on 15.05.2019 at about 4:30 p.m., when the deceased was talking with his friend by the side of Arakalagud - Ramanathapura road in front of Vijaya Bank located in Doddammage Village after parking his motorcycle, the driver of the car came from Arakalagud side by driving the same in a rash and negligent manner and suddenly dashed against the deceased due to which the deceased sustained grievous injuries to his body. After the accident, he was taken to the hospital but he succumbed to the injuries. 3. The deceased was aged about 31 years and he died in the accident that took place on 15.05.2019. The Tribunal had taken the income of the deceased at Rs.9,000/- and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 16,12,800/- 2. Loss of consortium : Rs. 15,000/- 3. Love and affection : Rs. 30,000/- 4. Miscellaneous expenses : Rs. 5,000/- - 6 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 5. Funeral expenses : Rs. 20,000/- TOTAL : Rs. 16,82,800/- 4. The Tribunal had apportioned the compensation holding that the wife is entitled for 50% compensation and the parents are entitled for 50% compensation. 5. Learned counsel appearing for both the wife and the parents of the deceased submits that the compensation that is awarded by the Tribunal is not just and reasonable and the Tribunal ought to have taken the income of the deceased at Rs.14,000/- per month and future prospects at 40% as he is aged about 31 years. Learned counsel appearing for the wife submits that 70% of the compensation ought to have been granted to the wife as the parents are staying along with other children. 6. Learned counsel appearing for the parents submits that though they have other children, they are staying separately and the Tribunal ought to have granted 60% of the compensation to the parents. - 7 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 7. Learned counsel appearing for the Insurance Company submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere with the well considered order passed by the Tribunal. 8. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of compensation, the accident had taken place in the year 2019. As per the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the deceased at Rs.14,000/- per month and as the deceased was aged about 31 years, 40% future prospects would come to Rs.5,600/- i.e., Rs.19,600/- (Rs.14,000+Rs.5,600/-). As there are three claimants, 1/3rd has to be deducted towards the personal expenses i.e., Rs.6,533/-. Then his contribution to the family comes to an amount of Rs.13,067/- per month. Hence, under the head of loss of dependency, this Court is granting an amount of Rs.25,08,864/- (Rs.13,067x12x16). Towards loss of consortium, this Court is granting an amount of Rs.1,32,000/- (Rs.44,000x3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. - 8 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 9. 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. 10. The claimants are entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 16,12,800/- 25,08,864/- 2. Loss of consortium : Rs. 15,000/- 1,32,000/- 3. Love and affection : Rs. 30,000/- 00/- 4. Miscellaneous expenses : Rs. 5,000/- 00/- 5. Funeral expenses : Rs. 20,000/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 16,82,800/- 26,86,864/- Enhancement : Rs. 10,04,064/- 10. Altogether, the claimants are entitled for compensation of an amount of Rs.26,86,864/-. As far as the apportionment is concerned, in the considered opinion of this Court, balancing the interest of the parties, 60% of the 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 compensation is granted to the wife and 40% of the compensation is granted to the parents of the deceased. 11. Accordingly, both the appeals are partly allowed by enhancing the compensation from an amount of Rs.16,82,800/- to Rs.26,86,864/-. The appellant/wife in MFA.No.6538/2022 is entitled for compensation of an amount of Rs.16,12,118/- and the appellants/parents in MFA.No.6022/2023 are entitled for an amount of Rs.10,74,745/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The 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 claimant is entitled to withdraw the entire amount without furnishing any security. iii. 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. iv. No costs. - 10 - HC-KAR NC: 2025:KHC:37869 MFA No. 6538 of 2022 C/W MFA No. 6022 of 2023 v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 25