- 1 - HC-KAR NC: 2025:KHC:40671 MFA No. 5102 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5102 OF 2024 (MV-D) BETWEEN: 1. N.SAROJAMMA W/O N.ADIKESAVULU NOW AGED ABOUT 52 YEARS 2. N.VINODH S/O N.ADIKESAVULU NOW AGED ABOUT 32 YEARS 3. N.SURESH S/O N.ADIKESAVULU NOW AGED ABOUT 27 YEARS PERMANENT ADDRESS NO.1-28, PULITHVARIPALLE, CHITTOOR, ANDHRA PRADESH-517 102 TEMPORARY ADDRESS NO.5, 3RD CROSS, DEVARACHIKKANAHALLI BANGALORE-560 068 …APPELLANTS (BY SRI. RANGEGOWDA N.R., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40671 MFA No. 5102 of 2024 AND: 1. TATA AIG GENEAL INSURANCE CO. LTD., J.P.AND DEVI, JAMBUKESHWARA ARCADE, MILLER ROAD, BANGALORE-560 052 2. RIVIGO SERVICES PVT. LTD., NO.92, SEC-44 GURGAON, HARYANA (06) INDIA-122 002 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O/DATED: 07/08/2025) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 16.02.2021 PASSED IN MVC NO.7139/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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:40671 MFA No. 5102 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.7139/2018 dated 16.02.2021 by the Chief Judge, Court of Small Causes & Member, Prl. MACT, Bengaluru the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimants that on 06.11.2018 at about 7.00 p.m. when the deceased was about to cross the road near NH 140 road, at that time, a container lorry came on the said road driven by its driver in a rash and negligent manner so as to endanger human life and safety of others and dashed against the deceased. Due to terrible impact, the deceased sustained severe injuries and died on the spot. The tribunal had granted compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 9,68,088/- 2. Loss of estate : Rs. 15,000/- 3. Loss of consortium : Rs. 40,000/- 4. Funeral expenses : Rs. 15,000/- 5. Loss of parental : Rs. 80,000/- - 4 - HC-KAR NC: 2025:KHC:40671 MFA No. 5102 of 2024 consortium TOTAL : Rs. 11,18,088/- 3. Learned counsel for the claimants submits that accident had taken place in the year 2018, but the Tribunal had taken the income at Rs.11,000/- which is on the lower side. It is submitted that even on the conventional heads also, the amount that is awarded by the Tribunal is not a just and reasonable compensation and on all the counts, the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent/ insurance company submits that the Tribunal had rightly granted the compensation and no enhancement is called for. 5. Having heard the learned counsel's on either side, perused the entire material on record. The accident had occurred in the year 2018, hence this Court is taking the income at Rs.12,500/- and 10% future profits will come to Rs.1,250/- (Rs.12,500/- + Rs.1,250) that comes to Rs.13,750/-. As there are three dependants, 1/3rd has to be deducted towards the personal expenses which comes to an amount of Rs.4,583/- and his contribution to the family comes - 5 - HC-KAR NC: 2025:KHC:40671 MFA No. 5102 of 2024 to an amount of Rs.9,167/- (Rs.13,750/- - Rs.4,583/- =Rs.9,167/-). Under the head of loss of dependency, this Court is granting an amount of Rs.12,10,044/- (Rs.9167/- x12x11=Rs.12,10,044/-). Coming to the loss of consortium, this Court is granting an amount of (Rs.44,000 x 3) Rs.1,32,000/-. Towards funeral expenses an amount of Rs.36,000/- is granted. 6. In the light of the law laid down by the Hon’ble Apex Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7.The claimant’s are entitled to the compensation for an amount of Rs.13,88,044/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 9,68,088/- 12,10,044/- 2. Loss of Consortium Rs. 40,000/- 1,32,000/- 3. Funeral Expenses Rs. 15,000/- 36,000/- 4. Loss of estate Rs. 15,000/- 00/- 5. Loss of parental consortium Rs. 80,000/- 00/- - 6 - HC-KAR NC: 2025:KHC:40671 MFA No. 5102 of 2024 6. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 11,18,088/- 13,88,044/- i. Accordingly, the appeal filed by the claimant’s is Partly Allowed by enhancing the compensation from an amount of Rs.11,18,088/- to Rs.13,88,044/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The delay of 410 days is condoned as per the order dated 07.08.2025 and the claimants are not entitled for interest during the delay period. v. Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. vi. No costs. - 7 - HC-KAR NC: 2025:KHC:40671 MFA No. 5102 of 2024 vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 91