- 1 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 5757 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1392 OF 2019 (MV-D) IN MFA No. 5757/2019 BETWEEN: KUM. NISCHITHA L, D/O. LAKSHMAN GOWDA, AGED ABOUT 22 YEARS, R/AT NO. 183, 5TH CROSS, 2ND MAIN ROAD, SOMESHWARANAGAR, 1ST BLOCK, JAYANAGARA, BENGALURU-560 011. …APPELLANT (BY MISS NITHYA V, ADVOCATE FOR SRI PRAKASH M H, ADVOCATE) AND: 1. ROYAL SUNDARAM GEN. INS. CO. LTD., OFFICE AT: NO. 30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMA NAGAR, BENGALURU-560 027. REP. BY IRS MANAGER. 2. S V CONCRETE PRODUCTS PVT. LTD., NO. 72 AND 78/1, KOPPA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 ANEKAL TALUK, BENGALURU-560 105. REP. BY ITS MANAGER. …RESPONDENTS (BY SRI C.R RAVISHANKAR, ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH V/O DATED 17.06.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2018 PASSED IN MVC NO.6148/2017 ON THE FILE OF THE VII ADDITIONAL JUDGE & XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU, (SCCH- 3), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1392/2019 BETWEEN: 1. SRI MAHESH T, S/O LATE THIMMAIAH, AGED ABOUT 42 YEARS. 2. SMT. KANTHAMANI K S, W/O MAHESH, AGED ABOUT 40 YEARS. BOTH ARE R/AT NO.52/3, 3RD FLOOR, GOVINDARAJU BUILDING, MUNIREDDYLAYOUT, GAREBHAVIPALYA, HOSUR MAIN ROAD, NEAR SRVS SCHOOL, BENGALURU-560 068. ...APPELLANTS (BY MISS NITHYA V, ADVOCATE FOR SRI PRAKASH M H, ADVOCATE) AND: 1. ROYAL SUNDARAM GEN. INS. CO. LTD., OFFICE AT: NO.30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY - 3 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 ROAD, SAMPANGIRAMA NAGAR, BENGALURU-560 027. REP. BY ITS MANAGER. 2. S V CONCRETE PRODUCTS PVT. LTD., NO.72 AND 78/1, KOPPA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560 105 ...RESPONDENTS (BY SRI RAVISHANKAR C.R, ADVOCATE FOR R-1; R-2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2018 PASSED IN MVC NO.6147/2017 ON THE FILE OF THE VII ADDITIONAL JUDGE & XXXII ACMM, COURT OF SMALL CAUSES BENGALURU, [SCCH-3], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard the learned counsel appearing for the appellant and respondent. 2. Being aggrieved by the judgment and award in MVC No. 6147 of 2017 and MVC No.6148 of 2017 by the learned 7th Additional Judge and ACMM and MACT, - 4 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 Bengaluru, dated 29.10.2018, the petitioners in both the petitions are before this Court in appeal. 3. The case of the petitioners is that on 13.09.2017 at about 04.00 p.m, when the deceased- Yashwanth was riding his motorcycle bearing Regn. No.KA-05-KB-3276 along with the pillion rider-Nischitha (who is the petitioner in MVC 6148 of 2017) on Kanakapura-Bengaluru Main Road, near Tank Bund, Harohalli, a lorry bearing Regn. No.KA-51-D-366 came from opposite side and dashed to the motorcycle of the deceased, resulting in his death, and injuries to the pillion rider. The injured was shifted to the hospital where she took treatment for four days, and had to undergo surgeries. The body of the deceased was subjected to the procedure at Rajarajeshwari Hospital. 4. The petitioners in MVC No.6147 of 2017, who are the parents of the deceased-Yashwanth contend that the deceased was aged about 19 years, earning a sum of - 5 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 ₹15,000/- per month by doing tuition work along with his studies in final year B.Com., at Sadguru Sainath Degree College and he was a bright student. Therefore, they have sought for adequate compensation from the owner and insurer of the offending lorry. 5. The petitioner in MVC 6148 of 2017 contends that she was a bright student in SSMRV College, Jayanagara, Bengaluru and in the said accident, she has suffered the fracture of thigh, fracture of right tibia and fibula and several other injuries which has resulted in permanent disability to her, and therefore, she is entitled for adequate compensation. 6. The petitions were opposed by the insurer of the lorry, contending that there was negligence on the part of the deceased, and that the compensation claimed by the petitioner is a highly exorbitant, imaginary and untenable and they may be put to strict proof of their contentions. - 6 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 7. The Tribunal framed appropriate issues and the evidence was recorded by it. After hearing both the sides, the Tribunal has awarded compensation under different heads in both these petitions as below. MFA No.5757/2019 (MVC No.6148/2017): Sl.No. Particulars Amount (In Rs.) 1. Pain and agony 25,000.00 2. Loss of income during treatment period 16,000.00 3. Loss of earning 1,38,240.00 4. Medical expenses 88,800.00 5. Loss of amenities, conveyance, food and nourishment, attendant charges etc. 15,000.00 6. Future Medical expenses 15,000.00 Total 2,98,040.00 MFA No.1392/2019 (MVC No.6147/2017): Sl.No. Particulars Amount (In Rs.) 1. Loss of dependency 12,09,600.00 2. Loss of estate 15,000.00 3. Funeral and obsequies expenses 15,000.00 Total 12,39,60.00 8. Being not satisfied with the quantum of the compensation, the petitioners are before this Court in these appeals. - 7 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 9. The learned counsel appearing for the petitioner in MFA No.5757 of 2019 (MVC 6148 of 2017) would submit that, the injured Nischitha was a bright student at SSMRV College and she was aged about 18 years at the time of the accident, and therefore, the Tribunal should have considered the notional income as applicable. The Tribunal by taking the notional income at ₹8,000/- p.m. has erred, and therefore, she is entitled for higher compensation. It is also contended that the disability assessed by the Tribunal at 10% is on the lower side, since the PW3 - Medical Officer had assessed the disability at 35.5% of the limb. 10. The learned counsel appearing for the appellant in the MFA No.1392 of 2019 (MVC No. 6147 of 2017) submits that the deceased was aged 19 years, and he was earning by doing tuition, and as such, the income assessed by the Tribunal is on the lower side. He contends that the Tribunal has not awarded any compensation amount under the head of loss of love and affection, and - 8 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 therefore, there is need for reassessment of the compensation. 11. The fact that the accident occurred due to the negligence on the part of the driver of the lorry and that the lorry was covered by a valid insurance as on the date of the accident is not in dispute. The Insurance Company though had urged that there was negligence on the part of the rider of the motorcycle, it was unable to establish the same and as such, it has satisfied the award passed by the Tribunal. Therefore, it is only the reassessment of the compensation which is to be done by this Court. In MFA.No.5757/2019 12. The petitioner herein happens to be a student at SSMRV College, aged about 18 years at the time of the accident. Obviously there is no proof of any income and therefore, notional income has to be considered by the Court. The guidelines issued by the Karnataka State Legal Services Authority for the purpose of settlement of the - 9 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 disputes before the Lok-adalat prescribe a notional income of Rs.11,000/-p.m. for the year 2017. In umpteen number of judgments, this Court has held that the notional income prescribed by the KSLSA is in general conformity with the wages fixed under the Minimum Wages Act and therefore, they are acceptable. 13. The PW.3, who assessed the disability of the petitioner has stated that there is fracture of tibia and fibula and as such, there is a physical disability of 35.5% to the limb. The records reveal that the petitioner had suffered fracture of right tibia and fibula along with other minor injuries on the thigh and other parts of the body. He has stated that the permanent disability is on account of the fractures sustained by the petitioner. Since the petitioner was a student at the time of the accident, the functional disability of the petitioner cannot be ascertained, which results in the depletion of the income. Therefore, in such circumstance, the accepted standard of considering the functional disability at 1/3rd of the physical - 10 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 disability has to be adopted. As such, the functional disability is considered at 12%. In the result, the 'loss of income on account of permanent disability' is calculated as Rs.11,000/- X 12 X 12% X 18 = Rs.2,85,120/-. 14. Holding that the petitioner was unable to resume her normal routine work at least for a period of 03 months, the 'loss of income during the laid up period' is calculated as Rs.11,000/- X 3 = Rs.33,000/-. 15. The Tribunal has awarded a sum of Rs.25,000/- under the head of 'pain and suffering' and the same requires to be enhanced to Rs.30,000/-. 16. The compensation awarded by the Tribunal under the head of 'medical expenses', 'loss of amenities in life' and 'future medical expenses' do not require any enhancement. - 11 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 17. Thus, the petitioner is entitled for the enhanced compensation of Rs.1,68,080/- under different heads as below: In MFA.No.1392/2019 18. The petitioners herein are the parents of the deceased-Yashwanth. There being no proof of income of the deceased, notional income has to be considered and as observed above, the notional income for the year 2017 is Rs.11,000/- p.m.; by adding 40% towards the 'future prospects', the effective multiplicand would be Rs.15,400/-. Therefore, the 'loss of dependency' is PARTICULARS AMOUNT (IN RS.) Loss of income on account of permanent disability 2,85,120/- Loss of income during the laid up period 33,000/- Pain and suffering 30,000/- Medical expenses 88,000/- Loss of amenities in life 15,000/- Future medical expenses 15,000/- 4,66,120/- 2,98,040/- TOTAL Less awarded by Tribunal Enhancement 1,68,080/- - 12 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 calculated as Rs.15,400 X 12 X 18 X 50% = Rs.16,63,200/- by adopting a multiplier of 18 and deducting 50% towards personal expenses. 19. Obviously, the Tribunal has not awarded any compensation under the head of 'loss of love and affection'. The petitioners are the parents of the deceased and therefore, as held in the case of National Insurance Company Limited Vs. Pranay Sethi and others1, by escalating the compensation at 10% per every 03 years, the quantum under the head of 'loss of love and affection' for each of the petitioners would be Rs.52,000/- each. 20. The compensation awarded by the Tribunal under the heads of 'loss of estate' and 'funeral and obsequies' also need to be escalated to Rs.19,000/- each. 21. Thus, the petitioners are entitled for the enhanced compensation of Rs.18,05,200/- under different heads as below: 1 AIR 2017 SC 5157 - 13 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 Thus, there shall be an enhancement of Rs.5,65,600/-. 22. Therefore, the appeals are deserve to be allowed-in-part. Hence, the following: ORDER (i) The appeals are allowed in part. (ii) The impugned judgment and award passed by the Tribunal is modified by awarding a sum of Rs.1,68,080/- in MFA No.5757/2019 and a sum of Rs.5,65,600/- in MFA.No.1392/2019, in addition to what has been awarded by the Tribunal together with interest at 6% p.a. from the date of petitions till its deposit. PARTICULARS AMOUNT (IN RS.) Loss of dependency 16,63,200/- Loss of love and affection (Rs.52,000/- X 2) 1,04,000/- Loss of estate 19,000/- Funeral and obsequies expenses 19,000/- 18,05,200/- 12,39,600/- TOTAL Less awarded by Tribunal Enhancement 5,65,600/- - 14 - HC-KAR NC: 2025:KHC:37731 MFA No. 5757 of 2019 C/W MFA No. 1392 of 2019 (iii) The respondent/Insurance Company is directed to deposit the compensation amount within a period of six weeks from the date of this order. (iv) Rest of the order of the Tribunal stands unaltered. Sd/- (C M JOSHI) JUDGE BKM, NR List No.: 1 Sl No.: 18