- 1 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.573 OF 2022 (MV-D) BETWEEN: 1. SMT. CHITRA DEVI W/O. SRI MEERAN AGED ABOUT 47 YEARS. 2. MEERAN S/O. MURTHY MUTHAIAH AGED ABOUT 52 YEARS BOTH ARE RESIDING AT NO.4/154, AMMERPALYAM CHATHIRAPATHI, SATTUR VIRUDHUNAGAR-626 203. …APPELLANTS (BY SRI SRIDHAR D.S., ADVOCATE) AND: 1. 2. M/S. THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY ITS MANAGER VIJAYAWAD BO (620701) D.NO. 27-6-189, BEHIND HOTEL SWARNA PALACE PRAKASHAM ROAD GOVERNORPET VIJAYAWADA ANDHRA PRADESH-520 002. REGIONAL OFFICE M/S. THE NEW INDIA ASSURANCE CO. LTD. NOW AT #9/2 Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 3. MAHALAKSHMI CHAMBERS M.G. ROAD BENGALURU-560 001. VADUGU MURALI KRISHNA S/O SUBHRAMANYA MAJOR #16-3, ISAKAREVU IBRAHIMPATNAM (KRISHNA) ANDHRA PRADESH-521 226. …RESPONDENTS (BY SRI VENKATESH KAMATH B.R., ADVOCATE FOR R-1; VIDE ORDER DATED 24-3-2022, NOTICE TO R-2 AND R-3 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 4-8-2020 PASSED IN MVC NO.175 OF 2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-4, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the appellants/claimants and learned counsel for respondent No.1- Insurance company. - 3 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 This appeal is filed by the appellants/claimants for enhancement of compensation being aggrieved by the judgment and award dated 04.08.2020 passed in MVC No.175/2018 on the file of the Motor Vehicles Accident Claims Tribunal, Bengaluru City, SCCH-4 (for short, 'Tribunal'), whereby, the Tribunal awarded total compensation of Rs.22,53,000/- with interest at 6% p.a. from the date of petition till the date of realisation. 2. For the sake of convenience, the parties are referred to as per their rankings in the claim petition before the Tribunal. 3. Brief facts of the claimants' case before the Tribunal is as under:- On 04.06.2017 at about 4.20 a.m., one Balakrishna was driving his Indica car bearing registration No.KA-53-C-5464 near Konappana Agrahara signal and at that time, the driver of Red Volvo container goods carrier vehicle bearing registration No.NL-02-L-2687 while taking reverse in a rash and negligent manner hit the Indica car, due to which, high tension wire touched the train goods carrying container and caught fire and burnt the whole goods which touched the Indica car and the driver of Tata Indica car underwent electric shock and died to Septicaemic shock on 20.06.2017. Hence, the claimants filed a claim petition under section 166 of M.V. Act before - 4 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 the Tribunal. Claimant Nos.1 and 2 are the mother and father of deceased Balakrishna. 4. Learned counsel Sri Sridhar D.S., appearing for the claimants contended that the Tribunal has granted meager compensation by considering the notional income of deceased Balakrishna at Rs.10,000/-. Infact, the deceased was working was driver and he was earning Rs.25,000/- p.m.. Hence, he prayed to allow the appeal. 5. Per-contra, learned counsel for respondent No.1-Insurance company contended that the Tribunal considering the oral and documentary evidence on record has granted fair and reasonable compensation. Hence, no interference is called for in that regard. Thus, he prayed for dismissal of the appeal. 6. We have perused the material available on record and the judgment and award passed by the Tribunal. The Insurance company has not disputed the accident, death of deceased and liability to pay the compensation to the claimants. However, the Insurance company has disputed the quantum of compensation payable to the claimants. The Tribunal considered the notional income of the deceased at Rs.10,000/- p.m., The accident is of the year 2017. In the absence of any proof of income, taking note of the circular issued by the - 5 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 Karnataka State Legal Services Authority as well as High Court Legal Services Committee, Bengaluru, we deem it appropriate to re-assess the notional income of the deceased at Rs.11,000/- p.m. As on the date of the accident, the deceased was aged 21 years, the multiplier applicable to the age of the deceased is '18'. The deceased, who was a bachelor had left behind his parents and therefore, the proper deductions towards personal expenses of the deceased would be 50%. The Tribunal placing reliance on the decision of the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and others, reported in AIR 2017 SC 5157 has rightly considered 40% towards future prospects to the assessed income of the deceased. Thus, the 'loss of dependency' works out to Rs.16,63,200/-(Rs.11,000 +40%= Rs.15,400 -50% = Rs.7700 x x12 x18). 7. Further, the Tribunal has granted a compensation of Rs.80,000/- towards 'loss of consortium', Rs.15,000/- towards loss of estate and Rs.15,000/- towards 'funeral expenses', and Rs.6,31,147/- towards 'medical expenses' which are fair and reasonable and hence, no interference is called for in that regard. - 6 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 8. Thus, the claimants are entitled for the following compensation:- Compensation under different Heads Amount in Rs. Loss of dependency 16,63,200 Towards loss of consortium 80,000 Towards loss of estate 15,000 Towards funeral expenses 15,000 Medical expenses 6,31,147 TOTAL 24,04,347 Compensation awarded by the Tribunal 22,53,147/- BALANCE Rs.1,51,200/- 9. The claimants are entitled to enhanced compensation of Rs.24,04,347/- as against Rs.22,53,147/- awarded by the Tribunal. Accordingly, we pass the following: ORDER 1. The appeal filed by the claimants is allowed-in- part. 2. The judgment and award dated 04.08.2020 passed in MVC No.175/2018 on the file of the Motor Vehicles Accident Claims Tribunal, Bengaluru City, SCCH-4 is modified to the extent stated hereinabove. 3. The claimants are entitled for total compensation of Rs.24,04,347/- as against Rs.22,53,147/- awarded - 7 - HC-KAR NC: 2025:KHC:33695-DB MFA No. 573 of 2022 by the Tribunal with enhanced compensation of Rs.1,51,200/- with interest at 6% p.a. from the date of filing of the claim petition till the date of its realization. 4. The Insurance Company shall deposit the enhanced compensation with accrued interest at 6% p.a. within a period of six weeks from the date of receipt of copy of the judgment. 5. Apportionment, disbursement and deposit shall be in terms of order of the Tribunal. 6. Draw the modified award accordingly. 7. Registry to transmit a copy of this judgment to the concerned Tribunal, along with its records. 8. No order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 28