- 1 - HC-KAR NC: 2025:KHC:22431-DB MFA No. 526 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 526 OF 2016 (MV-D) BETWEEN: 1. MRS RUKMANIAMMAL AGED 86 YEARS, W/O LATE. MR. DORAISINGAM, (SINCE DECEASED REPRESENTED BY APPELLANT 2 AND 3) 2. MRS. JAYALAKSHMI AGED 73 YEARS W/O LATE. MR. SAGADEVAN, (SINCE DECEASED REPRESENTED BY HER LEGAL REPRESENTATIVES) 2(a) S. NEHRU PRASAD AGED ABOUT 57 YEARS S/O MR. SAGADEVAN 2(b) S. POONGALAN AGED ABOUT 52 YEARS S/O MR. SAGADEVAN BOTH ARE R/AT NO.1 K. NO.6 STREET, MARKHAM ROAD ASHOKNAGAR Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22431-DB MFA No. 526 of 2016 BANGALORE-25 LRS 2(a) & 2(b) BROUGHT UP ON RECORDS AS PER ORDERS DATED 27.02.2025. 3. MR. T.D. NALANDHIRAN AGED 59 YEARS S/O LATE. MR. DORAISINGAM, ALL ARE R/AT NO. 1, K. NO. 6TH STREET, MARKHAM ROAD, ASHOKNAGAR, BANGALORE - 25. …APPELLANTS (BY SRI. MEHTER M AZZAM.,ADVOCATE) AND: 1. MR K L PATHI AGED 48 YEARS, S/O SRI. SUBRAMANIYAM, DRIVER, BATCH NO. 552302, C/O GENERAL MANAGER, A.P.S.R.T.C, ALIPIRI (DEPOT) THIRUPATHI, ANDHARA PRADESH -517 501. 2. GENERAL MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, ALIPRI (DEPOT), THIRUPATHI, ANDHARA PRADESH. …RESPONDENTS (BY SRI.D. VIJAYKUMAR., ADVOCATE FOR R2; NOTICE TO R1 IS D/W) - 3 - HC-KAR NC: 2025:KHC:22431-DB MFA No. 526 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.09.2015 PASSED IN MVC NO.1721/14 ON THE FILE OF THE 5TH ADDITIONAL SMALL CAUSES JUDGE & 24TH ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is by the claimants who have succeeded in their petition under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the MV Act'] in MVC No.1721/2014 on the file of the V Additional Small Causes Judge and XXIV Additional A.C.M.M., Member, MACT, Bengaluru [for short, 'the Tribunal']. - 4 - HC-KAR NC: 2025:KHC:22431-DB MFA No. 526 of 2016 The claimants have been granted compensation in a sum of Rs.4,31,250/- along with interest of 9% per annum. The claimants are the mother and siblings of the deceased, who died in a road accident on 04.11.2012. The deceased was aged 70 years and had retired from service with M/s HAL. The first claimant is his mother, the second claimant is his sister and the third claimant is his brother. The first claimant has died during the pendency of the appeal, and the second and third claimants are treated as her legal representatives. The second claimant has also died, and her sons are brought on record as the legal representatives. The Tribunal has granted a sum of Rs.4,80,000/- towards medical expenses after scrutiny of the medical bills. The Tribunal has further awarded a sum of Rs.75,000/- and Rs.20,000/- towards loss of love and affection and funeral expenses. However, the Tribunal, on scrutiny of the - 5 - HC-KAR NC: 2025:KHC:22431-DB MFA No. 526 of 2016 records with the undisputed fact that the deceased was aged 70 years and the opinion based on the police records that the accident had occurred when the deceased was crossing the road, has opined that he was negligent himself and therefore the claimants would be entitled only for 75% of Rs.5,75,000/-. The appellant contends that the Tribunal has granted a paltry sum towards love and affection and other expenses, and that the Tribunal is also not justified in the finding that the deceased has contributed to the accident. Sri Mehter M. Azzam, the learned counsel for the appellants, is heard in the light of this grievance. The mandate in law is to ensure that just and reasonable compensation is awarded, and there is no material to establish the dependence between the deceased and the claimants. In the light of the afore, and because the Tribunal has granted a higher rate of interest than is normally done, this Court does not find that there is any - 6 - HC-KAR NC: 2025:KHC:22431-DB MFA No. 526 of 2016 irregularity, and as such, the appeal stands dismissed. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE SA ct:sr