- 1 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4550 OF 2024 (MV-D) BETWEEN: 1. MAHANTHAMMA W/O LATE CHOWDAPPA AGE 41 YEARS HOUSEHOLD WORK 2. RUCHITHA D/O ALTE CHOWDAPPA AGED ABOUT 20 YEARS HOUSEHOLD WORK 3. RAKSHITHA D/O LATE CHOWDAPPA AGED ABOUT 19 YEARS MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT NO.1 HOUSEHOLD WORK 4. BHAGYALAXMI D/O LATE CHOWDAPPA AGE 16 YEARS MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER 5. DODDA BORAPPA @ BORAIAH S/O BENKI BORAPPA AGE 73 YEARS AGRICULTURIST Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 ALL ARE R/O BOMMAKKANAHALLI VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT - 577 528 …APPELLANTS (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. HANUMANTHAPPA. S S/O SIDDAPPA AGED ABOUT 38 YEARS R/O BAIRANAYAKANAHALLI VILALGE JAGALUR TALUK DAVNAGERE DISTRICT - 577 528 2. CHANDRAPPA P S/O PAPAIAH @ PALAIAH AGE 63 YEARS R/O J C R EXTENSION JAGALUR TALUK DAVANAGERE DISTRICT - 577 528 3. THE LEGAL MANAGER UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR M M K COMPLEX C G HOSPITAL RAOD P J EXTENSION DAVANAGERE - 577 001 4. KARIBASAPPA B S/O BASAVARAJAPPA B AGE 33 YEARS - 3 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 R/O BOMMAKKANAHALLI VILLAGE JAGALUR TLAUK DAVANAGERE DISTRICT - 577 528 5. THE LEGAL MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LT., DESAI CROSS HUBLI …RESPONDENTS (BY SRI.JANARDHAN REDDY, ADVOCATE FOR R3 NOTICE TO R1, R2, R4 AND R5 ARE DISPENSED WITH V/O/D 10/09/2025) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.07.2023 PASSED IN MVC NO.651/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, SITTING AT JAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.651/2021 dated 26.07.2023 by the I Additional Senior Civil Judge and JMFC, Davanagere Sitting at Jagaluru (hereinafter referred to as the "Tribunal"), the claimants are before this Court seeking enhancement of the compensation. 2. The Tribunal had granted the compensation as per the table given below: SL. No. Under the Heads of: Amount 1. Loss of dependency : Rs. 22,83,792/- 2. Loss of estate : Rs. 15,000/- 3. Loss of Consortium : Rs. 30,000/- 4. Funeral Expenses : Rs. 25,000/- 5. Love & Affection : Rs. 15,000/- Total : Rs. 23,68,792/- 3. Learned counsel appearing for the appellants/claimants submits that as far as the loss of dependency is concerned, the appellants are not aggrieved and when it comes to the conventional heads, there are five dependants, the Tribunal has not granted a reasonable compensation. - 5 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 4. Learned counsel for the Insurance Company submits that the Tribunal has awarded just and reasonable compensation. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the loss of dependency the Tribunal has rightly granted the compensation of an amount of Rs.22,83,792/- and this Court do not find any reason to enhance the same. As there are five dependents, this Court is inclined to grant an amount of Rs.2,20,000/- (5x44,000) towards loss of consortium. 6. Towards Funeral expenses this Court is granting any amount of Rs.36,000/-. 7. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. Mekala Vs. M. Malathi and Another1, the claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 8. Altogether, the claimants are entitled for an amount of Rs.25,49,792/- and the compensation is enhanced under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 22,83,792/- 22,83,792/- 2. Loss of consortium : Rs. 30,000/- 2,20,000/- 3. Funeral Expenses : Rs. 25,000/- 36,000/- 4. Legal expenses : Rs. ---- 10,000/- 5. Loss of estate : Rs. 15,000/- ---- 5. Love & affection : Rs. 15,000/- --- TOTAL : Rs. 23,68,792/- 25,49,792/- Enhancement : Rs. 1,81,000/- 9. Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.23,68,792/- to Rs.25,49,792/-. * i. The enhanced amount shall carry interest at the rate of 6% per annum from the date of the appeal till the date of realization. ii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment * * Deleted vide chamber order dated: 04/03/2026. - 7 - HC-KAR NC: 2025:KHC:45254 MFA No. 4550 of 2024 * On such deposit, the claimants are entitled to withdraw the entire amount. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 10 * Deleted vide chamber order dated: 04/03/2026.