- 1 - HC-KAR NC: 2025:KHC:39269 MFA No. 3880 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3880 OF 2021 (MV-D) BETWEEN: SMT B.M.UMA W/O B.M.SHANKARAIAH AGED ABOUT 67 YEARS, RESIDING AT NO.32/375-B 6TH MAIN, B BLOCK, NEAR AMAR DHAM, VINAYAKANAGAR KONENA AGRAHARA BENGALURU-560017 …APPELLANT (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE) AND: 1. M/S RELIANCE GIC LTD MOTOR CLAIMS HUB NO.28, 5TH FLOR, CENTENARY BUILDING, EAST WING, NEAR CITI BANK Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39269 MFA No. 3880 of 2021 M G ROAD BENGALURU-560001 2. MR L.V.MURALIKRISHNA REDDY S/O L RAMASUBBA REDDY NO.3743, 13TH B MAIN, 11TH CROSS, HAL 2ND STAGE, INDIRANAGAR BENGALURU-560038 …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE) THIS MFA IS FILED U/S 173(1) MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2019 PASSED IN MVC NO. 7148/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, 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:39269 MFA No. 3880 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.7148/2018 dated 27.08.2019 by the V Additional Small Causes Judge & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.18,54,000/-, the appellant/claimant is before this Court. 2. The claim petition was filed seeking compensation of an amount of Rs.40,00,000/- for the death of the deceased in the road traffic accident. The facts of the case are that on 09.11.2018 at about 3:00 p.m., the deceased was traveling as a passenger in autorickshaw on 7th cross, Thippasandra, Bangalore city, at that time, a car came in a rash and negligent manner and dashed to the autorickshaw. As a result, the deceased sustained grievous injuries and died while under treatment. 3. The Tribunal had granted compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:39269 MFA No. 3880 of 2021 SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 2,40,000/- 2. Loss of estate : Rs. 15,000/- 3. Loss of consortium : Rs. 40,000/- 4. Towards funeral and obsequies ceremonies : Rs. 15,000/- 5. Medical bills : Rs. 15,43,038/- TOTAL : Rs. 18,53,038/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had taken the income of the deceased at Rs.8,000/- per month instead of Rs.12,500/- per month. It is submitted that the Tribunal ought to have deducted 1/3rd towards personal expenses, but the Tribunal had deducted 50%. It is submitted that even under the conventional heads also, the amount that is awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had rightly granted the compensation and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. As the accident had - 5 - HC-KAR NC: 2025:KHC:39269 MFA No. 3880 of 2021 occurred in the year 2018, as per the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the deceased at Rs.12,500/- per month. As the deceased was 70 years old, the claimant is not entitled for future prospects. As rightly argued by the learned counsel for the claimant, 1/3rd has to be deducted towards personal expenses and it comes to Rs.4,166/- and his contribution to the family comes to an amount of Rs.8,333/- per month. Hence, towards loss of dependency, this Court is granting an amount of Rs.4,99,980/- (Rs.8,333x12x5) rounded off to Rs.5,00,000/-. Towards loss of consortium, this Court is granting an amount of Rs.44,000/-. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.15,43,038/- and no interference is called for. 7. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 2,40,000/- 5,00,000/- - 6 - HC-KAR NC: 2025:KHC:39269 MFA No. 3880 of 2021 2. Loss of estate : Rs. 15,000/- 00/- 3. Loss of consortium : Rs. 40,000/- 44,000/- 4. Towards funeral and obsequies ceremonies : Rs. 15,000/- 36,000/- 5. Medical bills : Rs. 15,43,038/- 15,43,038/- TOTAL : Rs. 18,53,038/- 21,23,038/- Enhancement : Rs. 2,70,000/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.21,23,038/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.18,53,038/- to Rs.21,23,038/-. 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 without furnishing any security. - 7 - HC-KAR NC: 2025:KHC:39269 MFA No. 3880 of 2021 iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 22