- 1 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3949 OF 2022 (MV-D) BETWEEN: SMT. MANJULA W/O LATE MANJUNATH AGED ABOUT 47 YEARS R/AT THOPANAHALLI VILLAGE KAMASAMUDRA OST BANGARTPET TALUK KOLAR DISTRICT-563 129 …APPELLANT (BY SMT.V.VETRI LAXSHMI, ADVOCATE FOR SRI.VASANTHAPPA, ADVOCATE) AND: 1. M. MANJUNATH S/O MUNIRAJAPPA MAJOR BY AGE R/AT HASIGALA VILLAGE AND OST HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 114 2. M/S CHOLAMANGALAM MS GENERAL INSURANCE CO. LTD., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 UNIT NO.4, 9TH FLOOR LEVEL NO.6 GOLDEN HEIGHTS COMPLEX 59TH C CROSS, 4TH M BLOCK RAJAJINAGAR BENGALURU-560 010 …RESPONDENTS (BY SRI.H.S.LINGARAJ, ADVOCATE FOR R2 V/O DATED: 22/07/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2022 PASSED IN MVC NO.2267/2020 ON THE FILE OF THE IX C/C XXIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-15 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2267/2020 dated 02.03.2022 by the IX Addl. Small Causes Judge, Court of Small Causes, Member, MACT-7, Bengaluru, whereby the Tribunal had granted the compensation of an amount of Rs.17,33,200/- for the death of the deceased. The mother of the deceased is before this Court seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased. 2. It is the case of the claimant that on 03.06.2020 at about 10.15 pm., when the deceased and the rider of the motor cycle were proceeding on old Madras road towards Bangarpet slowly and carefully, at that time, the driver of the Eicher Canter drove the same in rash and negligent manner and suddenly jumped the red signal and dashed against their motor cycle from behind and due to the impact the rider and pillion rider both of them sustained injuries and the deceased died on the way to the East Point Hospital. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 Sl. No. Heads of Compensation Amount awarded 1. Towards loss of dependency Rs. 16,63,200/- 2. Towards consortium Rs. 40,000/- 3. Towards loss of estate Rs. 15,000/- 4. Towards funeral expenses Rs. 15,000/- Total Rs. 17,33,200/- 3. Learned counsel appearing for the appellant/ claimant submits that the Tribunal had taken the income at Rs.11,000/- per month which is on the lower side. It is further submitted that the Tribunal has failed to grant the future prospects. Hence, the compensation amount needs to be enhanced on all the counts. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the deceased is 18 years old and this accident had taken place in the year 2020, this Court is taking an amount of Rs.14,500/- as income. Considering the age of the deceased, future prospects of 40% comes to Rs.5,800/- i.e., (14,500+5,800)=Rs.20,300/- - 5 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 . As the deceased is a bachelor, 50% has to be deducted towards his personal expenses. Hence, his contribution to the family is Rs.10,150/-. Hence, under the head of loss of dependency, this Court is granting an amount of (10,150X12X18)=Rs.21,92,400/-. Towards loss of consortium this Court is granting an amount of Rs.44,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 6. 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 claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Compensation Awarded by Trial Court Compensation Awarded by this Court 1. Towards loss of dependency : Rs. 16,63,200/- 21,92,400/- 2. Towards consortium : Rs. 40,000/- 44,000/- 3. Towards loss of estate : Rs. 15,000/- 00/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 4. Towards funeral expenses : Rs. 15,000/- 36,000/- 5. Legal expenses : Rs. 00/- 10,000/- Total : Rs. 17,33,200/- 22,82,400/- Enhanced amount : Rs. 5,49,200/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.22,82,400/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.17,33,200/- to Rs.22,82,400/- and the Insurance Company shall pay the compensation. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.2-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 7 - HC-KAR NC: 2025:KHC:37279 MFA No. 3949 of 2022 the order passed by this Court forthwith without any delay. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 36