- 1 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6382 OF 2023 (MV-D) BETWEEN: PARAMESHA S/O LATE NATARAJU, AGED ABOUT 58 YEARS, R/AT NO 31, KALENAHALLI VILLAGE, K. SHETTAHALLI HOBLI, S.R.PATNA TALUK, MANDYA DISTRICT- 571 438 …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. SARASWATHI W/O PARAMESHA, MAJOR, R/AT NO 31, KALENAHALLI VILLAGE, K.SHETTAHALLI HOBLI, S.R.PATNA TALUK, MANDYA DISTRICT- 571 438 2. THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., MAHARAJA COMPLEX, 2ND FLOOR, OPP. TO KSRTC BUS STAND, MYSORE CITY -570 001 …RESPONDENTS (BY SRI.VIJAYAKUMAR, ADVOCATE FOR R2 V/O/D 15/09/2023- NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.04.2023 PASSED IN MVC NO.1039/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.1039/2020 dated 26.04.2023 by the Addl. Senior Civil Judge, MACT, Srirangapatna, the appellant/claimant is before this Court seeking enhancement of compensation. The claim petition is filed seeking compensation of an amount of Rs.34,70,000/- for the death of the deceased in the accident. 2. It is the case of the claimant that on 16.07.2020 at about 1.50 p.m., in front of House of Syed Abdul Sammed, Door No.2058, Rajjev Nagara, 2nd Stage, Mysore City, when driver of the Tipper lorry was unloading the M-sand, at that time, the deceased was standing behind the said lorry and driver drove the vehicle in a reverse direction rashly and negligently, due to which the body of the lorry dashed against the deceased, who got stuck between the lorry and the compound and deceased has sustained grievous injuries and - 3 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 started bleeding from nose and mouth and died at the spot. Immediately the dead body of the deceased was taken to K.R. Hospital and postmortem was done. The deceased was a BCA II year student. According to the claimant, he was studying and also working as a loader and unloader and earning an amount of Rs.20,000/- per month. 3. Considering the fact that the deceased was a student and as there is no evidence that he was doing any other work, the Tribunal had taken the income of the deceased at an amount of Rs.14,500/- per month and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency for petitioners who are the wife and son of the deceased : Rs. 21,92,400/- 2. On traditional heads a. Loss of Estate : Rs. 16,500/- b. Towards loss of love and affection : Rs. 44,000/- c. Towards funeral expenses : Rs. 16,500/- TOTAL : Rs. 22,69,400/- - 4 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 4. Learned counsel appearing for the appellant/ claimant submits that the Tribunal ought to have taken the income of the deceased at an amount of Rs.16,000/- per month. It is submitted that as the deceased was a BCA student and he had good prospects in life, the Tribunal ought to have taken the income at an amount of Rs.16,000/- per month. It is further submitted that the compensation needs to be enhanced. 5. Learned counsel appearing for the respondent No.2/ Insurance company submits that the Tribunal had rightly taken the income of the deceased as per the notional income of the year 2020 and no enhancement is required. 6. Having heard the learned counsels on either side, perused the material on record. The deceased was pursuing in BCA II year. In the light of the settled law and also in cases where the Hon’ble Apex Court had taken the income of the engineering student at an amount of Rs.15,000/- per month, this Court is inclined to take the income at an amount of Rs.15,000/- per month. 40% future prospects would come to an amount of Rs.6,000/- per month, then the income of the deceased is Rs.21,000/- per month. As the deceased was a - 5 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 bachelor, 50% of the income has to be taken towards the personal expenses and his contribution to the family is Rs.10,500/- per month (10,500x12x18). Under the head of loss of dependency, the claimant is entitled for an amount of Rs.22,68,000/-. Then towards consortium this Court is granting an amount of Rs.44,000/-, towards funeral expenses this Court is granting an amount of Rs.36,000/-. 7. 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. 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency for petitioners who are the wife and son of the deceased : Rs. 21,92,400/- 22,68,000/- 2. On traditional heads a. Loss of Estate : Rs. 16,500/- - 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 b. Towards loss of love and affection : Rs. 44,000/- 44,000/- c. Towards funeral expenses : Rs. 16,500/- 36,000/- d. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 22,69,400/- 23,58,000/- Enhanced amount : Rs. 88,600/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.23,58,000/-. 10. Accordingly, the appeal of the appellant/claimant is allowed-in-part by enhancing the compensation from an amount of Rs.22,69,400/- to Rs.23,58,000/-. 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) The 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 claimant is entitled to withdraw the entire amount. iv) No costs. - 7 - HC-KAR NC: 2025:KHC:31050 MFA No. 6382 of 2023 v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 37