- 1 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.5555 OF 2018(MV-D) BETWEEN: 1. SRI. M. KHASIM SAB, S/O FAKRUDDIN SAB, AGED ABOUT 57 YEARS, 2. SAIDAN BEE @ SAIDHAMMA, W/O M.KHASIM SAB, AGED ABOUT 52 YEARS, BOTH ARE R/AT NO.1/18 MAIN ROAD, KASSAMUDRAM VILLAGE, AMADAGUR, ANANTHPUR DISTRICT, ANDRA PRADESH. …APPELLANTS (BY SRI. SUGUNA R REDDY., ADVOCATE) AND: 1. ABDUS SALAM, S/O ALAVI, R/AT 35/1, 3RD MAIN ROAD, NEW TARAGUPET, BANGALORE – 2. 2. THE BRANCH MANAGER, MAGMA HDI., GENERAL INSURANCE COMPANY LTD., NO.36, 2ND FLOOR, HMJC BUILDING, J.C.ROAD, NEAR MINERVA CIRCLE, BANGALORE – 2. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 3. JAINA BEE, W/O LATE M.SHAFI, AGED ABOUT 28 YEARS, 4. SHASHEED, S/O LATE M.SHAFI, AGED ABOUT 8 YEARS, 5. FARVEZ, S/O LATE M.SHAFI, AGED ABOUT 6 YEARS, RESPONDENTS 3 TO 5 ARE R/AT D.CHERLOPALLI VILLAGE, PUTTAPARTHI MANDALAM, ANANTHAPURA DISTRICT, ANDRA PRADESH. SINCE RESPONDENT 4 & 5 ARE MINORS REPRESENTED BY THEIR MOTHER – CUM - NATURAL GAURDIAN, THE RESPONDENT NO.3. …RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 18.12.2023; R3 IS SERVED; R4 & R5 MINOR REPRESENTED BY R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2018 PASSED IN MVC NO.2805/2016 ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR "FURTHER SUBMISSION", THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed under Section 173(1) of the Motor Vehicles Act, 19801 by the claimants, challenging the judgment and award dated 22.02.2018 passed in M.V.C.No.2805/2016 by the XXI Additional Small Causes Judge and XIX ACMM, Member, MACT, Bengaluru (SCCH-23)2, seeking for enhancement of the quantum of compensation awarded. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded. 3. Heard the submissions of the learned counsel, Smt.Suguna R.Reddy, appearing for the appellants/ 1 Hereinafter referred to as ‘M.V. Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 claimants and learned counsel, Shri.A.N.Krishna Swamy, appearing for Respondent No.2/Insurer. 4. The Tribunal by taking into consideration a copy of the Aadhar Card (Ex.P7) has assessed the age of the deceased as 31 years. However, it is forthcoming that in Ex.P7, it is merely stated that the deceased was born in the year 1986. Further, in the post mortem report (Ex.P4), it is mentioned that the deceased was aged 30 years. Hence, the age of the deceased is re-assessed as 30 years and the appropriate multiplied to be applied is ‘17’ as against '16' assessed by the Tribunal. 5. It is averred that the deceased was a cloth merchant and earning `600/- to `700/- per day. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the notional income of the claimant at `8,000/- per month. Having regard to the date of the accident, it is just and proper that the notional - 5 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 income of the claimant be re-assessed as `9,500/- per month. 6. 40% is required to be awarded towards future prospects, having regard to the judgment of the Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED V. PRANAY SETHI AND OTHERS3. Since the claimants are the parents of the deceased and the wife and two children were arrayed as Respondent Nos.3, 4 and 5 before the Tribunal as also before this Court, the dependants being five in number, 1/4th is required to be deducted towards personal expenses of the deceased. Hence, the compensation towards loss of dependency is re-assessed as (`9,500/- + 40% - 1/4th X 12 X 17)= `20,34,900/- as against `11,52,000/- awarded by the Tribunal. 7. The claimants being the parents, wife and two children of the deceased are entitled to loss of consortium in terms of the judgment of the Hon’ble Supreme Court in 3 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 the case of MAGMA GENERAL INSURANCE COMPANY LIMITED VS. NANU RAM ALIAS CHUHRU RAM AND OTHERS4 at `40,000/- each together with escalation at 20%. Accordingly, the loss of consortium is re-assessed as (`48,000 X 5)= `2,40,000/-. 8. Since compensation towards loss of consortium has been awarded, compensation awarded by the Tribunal towards love and affection is so far as claimants and Respondent Nos.4 and 5 is set aside. 9. The funeral expenses and loss of estate is required to be awarded at `15,000/- each together with escalation at 20%. Accordingly, the compensation of `18,000/- each is awarded towards the same. Hence, the compensation awarded by the Tribunal towards transportation of dead body and funeral expenses stands modified. 10. Hence, the following: 4 (2018) 18 SCC 130 - 7 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Loss of dependency 1152000.00 2034900.00 2 Loss of consortium 40000.00 240000.00 3 Transportation of dead body 15000.00 0.00 4 Funeral expenses 0.00 18000.00 5 Loss of love and affection to 1st, 2nd petitioners and 4th, 5th respondents. 60000.00 0.00 6 Loss of estate 0.00 18000.00 Total 1267000.00 2310900.00 11. The appellants/claimants are entitled for enhanced compensation of `10,43,900/- (`23,10,900/- – `12,67,000/-). 12. The Tribunal has awarded interest at 6% per annum. However, taking judicial notice of the interest awarded towards Fixed Deposits, it is just and proper that the interest be awarded as 7% per annum on the compensation as re-assessed by this Court. 13. In view of the aforementioned, the following: - 8 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 ORDER i) The appeal is partly allowed; ii) The judgment and award dated 22.02.2018 passed in M.V.C.No.2805/2016 by the XXI Additional Small Causes Judge and XIX ACMM, Member, MACT, Bengaluru (SCCH-23) is modified to the extent of holding that the claimants are entitled to a further compensation of `10,43,900/- together with interest at 7% per annum from the date of petition till the date of payment, in addition, the compensation awarded by the Tribunal; In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The Insurer shall deposit the enhanced compensation together with accrued interest within a period of six weeks; iv) After deposit, the entire enhanced compensation with accrued interest shall be apportioned and disbursed in terms of the judgment of the Tribunal; - 9 - HC-KAR NC: 2025:KHC:26845 MFA No. 5555 of 2018 v) The Registry to draw the modified award accordingly. vi) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE DH/List No.: 1 Sl No.: 20