- 1 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5823/2018 (MV-D) BETWEEN: 1. SMT PUTTALAKSHMI @ PUTTALAKSHMAMMA W/O SRI PAPANNA AGED ABOUT 45 YEARS, 2. SRI PAPANNA, S/O BARADASAPPA @ DASAPPA, AGED ABOUT 56 YEARS, 3. KUM SHILPA B P, D/O LATE PAPANNA, AGED ABOUT 26 YEARS, ALL ARE PERMANENT RESIDENT OF: BELATHOOR YETHAMBADI (P), KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT, NOW R/AT: C/O MUNIVENKATAPPA, NO.131, VINAYAKA LAYOUT, NAYANDAHALLI, NEAR SOLLAPURADAMMA TEMPLE, MYSURU ROAD, BENGALURU. …APPELLANTS (BY SRI. SHRIPAD V SHASTRI ., ADVOCATE) AND: 1. M/S HDFC ERGO GENERAL INSU.CO.,LTD NO.4, 1ST FLOOR, H M GENERA HOUSE, CUNNINGHAM ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 BENGALURU. 2. M/S MGM TRANSPORTS (MADRAS) PVT. LTD., NO.189, WALL TA ROAD, CHENNAI-600 001. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR FOR R1, ADVOCATE, NOTICE TO R2 IS D/W V/O DTD:30.05.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.02.2017 PASSED IN MVC NO.15/2013 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT & SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL, PARTLY ALLOWING THE CLAIM 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 28.02.2017 passed in M.V.C.No.15/2013, by Motor Accident Claims Tribunal, Anekal, in the Court of the learned III Additional District & Sessions Judge, Bengaluru Rural District, Anekal for enhancing the compensation. - 3 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. Notice to respondent No.1 is dispensed with. 3. Learned counsel for the appellants contended that, Sri. Dhanaraj, met with an accident on 05.06.2013 and died. His parents and unmarried sister filed the claim application, claiming compensation of Rs.20,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.12,47,320/- with interest at the rate of 9% from the date of petition, till deposit of the amount before the Court. Being aggrieved by the said order, this appeal is preferred by the appellants. 4. Learned counsel for the appellants mainly contended that the monthly earnings of deceased is more than Rs.7,360/- per month. Further, it is stated that more amount ought to have been granted under conventional heads. Thus requested for enhancement of the compensation to Rs.20,00,000/-. It is further submitted - 4 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 that appellant No.3 is the unmarried sister, aged 21 years was also depending on him as such and the Tribunal has taken 1/3rd towards his personal expenses instead of 50%. But the said objection was not raised in the appeal grounds and raised only at the time of arguments. Moreover, the father of the deceased was aged 51 years and later, he performed the marriage of his daughter and therefore, she cannot be treated as dependent on the deceased and the Tribunal has rightly considered his personal expenses and it needs no interference. Therefore, the loss of dependency was rightly assessed as Rs.11,92,320/-. Appellant Nos.1 and 2 are the parents, who lost their son at the tender age and Appellant No.3 is the sister of the deceased. Appellant Nos.1 and 2 are entitled for Rs.40,000/- each under the head parental consortium and sister is also entitled for Rs.40,000/- under the head loss of love and affection. Already reasonable amounts are granted for funeral expenses and transportation and it needs no interference. Therefore, this - 5 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 Court finds it reasonable to enhance the compensation from Rs.12,47,320/- to Rs.13,47,320/- with interest @ 6% per annum. 5. In all, the total compensation comes to Rs.13,47,320/- under the following heads:- Sl No Particulars Amount 1 Loss of dependency 11,92,320/- 2 Loss of parental consortium 80,000/- 3 Loss of love and affection 40,000/- 4 Funeral Expenses 25,000/- 5 Transportation of dead body 10,000/- Total Rs.13,47,320/- 6. Thus, compensation is enhanced from Rs.12,47,320/- to Rs.13,47,320/- with interest at the rate of 6% per annum. 7. In the result, the following order is passed: ORDER i. Appeal is allowed. * Retyped and replaced vide chamber order dated 06.02.2026. - 6 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 ii. The judgment and award dated 28.02.2017 passed in M.V.C.No.15/2013 by Motor Accident Claims Tribunal, Anekal, in the Court of the learned III Additional District & Sessions Judge, Bengaluru Rural District, Anekal is modified; iii. The appellants are is entitled to a sum of Rs.*13,47,320/- along with interest at *6% p.a from the date of petition till the date of realization as against Rs.*12,47,320/- iv. Respondent No.1 is directed to deposit the said amount within one month from the date of this order on such deposit. v. Since, appellant No.3 is already married, only parents are entitled for equal amount and they are permitted to withdraw the entire amount along with interest accrued on the same. *Corrected vide chamber order dated 06.02.2026. - 7 - HC-KAR NC: 2025:KHC:30397 MFA No. 5823 of 2018 vi. 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 and *vii. In view of the order dated 12.06.2025 passed on I.A.No.1/2018, the claimants are not entitled for interest for the delayed period of 388 days in filing the appeal. *viii. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE AKV/SPV List No.: 1 Sl No.: 23 *Inserted and Corrected as per vide court order dated 08.09.2025.