- 1 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7300 OF 2016(MV-D) BETWEEN: 1. SMT. SULTHANA S/O LATE SAMEEULLA @ BABU AGED ABOUT 34 YEARS RESIDING AT #97 MODI ROAD, D J HALLI BENGALURU - 560 045. 2. KUM USMA BANU S/O LATE SAMEEULLA @ BABU AGED ABOUT 19 YEARS RESIDING AT 97 MODI ROAD, D J HALLI, BENGALURU - 560 045. 3. KUM ALMAS BANU D/O LATE SAMEEULLA @ BABU AGED ABOUT 18 YEARS RESIDING AT 97 MODI ROAD, D J HALLI, BENGALURU - 560 045. 4. KUM TABBASUM D/O LATE SAMEEULLA @ BABU AGED ABOUT 17 YEARS MINOR REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN SMT. SULTHANA RESIDING AT 97 MODI ROAD, D J HALLI, BENGALURU - 560 045. 5. MASTER SHABAZ S/O LATE SAMEEULLA @ Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 BABU AGED ABOUT 14 YEARS MINOR REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN SMT. SULTHANA RESIDING AT 97 MODI ROAD, D J HALLI BENGALURU - 560 045. 6. KUM ARBINA D/O LATE SAMEEULLA @ BABU AGED ABOUT 12 YEARS MINOR REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN SMT. SULTHANA RESIDING AT 97 MODI ROAD, D J HALLI, BENGALURU - 560 045. 7. KUM SUHANA D/O LATE SAMEEULLA @ BABU AGED ABOUT 10 YEARS MINOR REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN SMT. SULTHANA RESIDING AT 97 MODI ROAD, D J HALLI, BENGALURU - 560 045. …APPELLANTS (BY SRI. ANIL KUMAR M., ADVOCATE) AND: THE MANAGING DIRECTOR K S R T C DOUBLE ROAD, SHANTHINAGAR BENGALURU - 560 027. …RESPONDENT (BY SRI K. NAGARAJ, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED23.10.2009 PASSED IN MVC NO.1225/2009 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 23.10.2009 passed in MVC No.1225/2009, by the XII Additional Small Causes Judge & Member, Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondent - Insurance Company. - 4 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 3. Brief facts of the case are that, one Sameeulla, who was a carpenter, aged about 37 years, met with an accident and said to have died on 07.12.2008. His wife and seven children are filed a claim application under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.10,00,000/- along with interest at the rate of 6% per annum. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.3,60,600/- with interest at the rate of 6% per annum from the date of petition till realization. 2. Being aggrieved by the award passed by the Tribunal, the petitioners/claimants preferred an appeal seeking enhancement of compensation. However, the appeal was filed after a delay of 2,465 days. By order dated 24.03.2025, the said delay was condoned, specifically stating that claimants are not entitled for any interest, in case of enhancement of compensation for the said delayed period. - 5 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 3. The learned counsel for the appellants submits that the deceased was aged about 37 years and working as a carpenter and earning Rs.3500/- per day, but there is no evidence regarding income proof as such, the notional income is to be taken as per the guidelines given by Karnataka State Legal Services Authority. He met with an accident in the year 2008. Therefore, this Court finds it reasonable to take his income as Rs.4,500/- per month and multiplier as '16'. The deceased- Sameeulla is entitled for 40% towards future prospects and 1/5th are to deducted towards from his personal expenses as per the decision of Hon’ble Apex Court in the case of the National Insurance Company Limited Vs. Pranay Sethi1. As per the guidelines of Hon’ble Apex Court in case of Sarla Verma Vs. Delhi Transport Corporation2. Therefore, loss of dependency comes to Rs.9,67,680/- (4,500+40%-1/5thX12X16). Appellant No.1 wife of the deceased is entitled for Rs.40,000/- towards 'loss of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 consortium', appellant Nos.2 to 7 are the children of the deceased. 4. The learned counsel for the respondent contended that age of appellant No.1 was aged 28 years and respondent Nos.2 to 7-children are aged 13, 12, 11, 08, 06 and 04 respectively. Therefore, this Court finds it reasonable to grant an amount of Rs.40,000/- to each of appellants Nos.2 to 7 that come to (Rs.40,000X 6)=2,40,000/- towards 'loss of consortium', and Rs.30,000/- under the conventional heads. The total recalculated compensation comes to Rs.12,77,680/-. The enhanced compensation is 7,81,880/-(Rs.12,77,680- 4,95,800) and they are entitled for the interest to the said amount. 5. Learned counsel for the appellants contended that the Tribunal erred in assessing 25% contributory negligence on the part of the deceased, merely on the ground that he was crossing the road at a place where - 7 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 there was no zebra crossing. On the other hand, learned counsel for the respondent submitted that the driver of the offending vehicle was examined, and the Tribunal had rightly appreciated the evidence on record and deducted 25% towards contributory negligence, which needs no interference. 6. The manner of the accident shows that, while the driver of the bus bearing registration No.KA-26-F-695, was coming at R.M.C. yard and taking 'U' turn in front of S.B.I. Bank, he dashed the deceased while crossing the road. No doubt there was no zebra crossing but the driver of the bus can see the person, who was crossing the road in front of him, therefore the contributory negligence assessed by the Tribunal is not an proper appreciation of facts and it is set aside. 7. The respondent/Insurance Company is directed to deposit the entire compensation along with interest within a period of one month from the date of this order. - 8 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 8. Hence, the appellants-claimants are entitled for a total enhanced compensation of Rs.7,81,880/- along with interest at the rate of 6% p.a. from the date of petition till its realization. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 23.10.2009 passed in MVC No.1225/2009 on the file of the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bengaluru, is hereby modified. iii. The claimants are entitled to a sum of Rs.7,81,880/- along with interest at 6% p.a., from the date of petition till of realization, excluding interest for the delay period of 2465 days. - 9 - HC-KAR NC: 2025:KHC:34949 MFA No. 7300 of 2016 iv. Respondent is directed to deposit the amount within one month from the date of this order. v. The contributory negligence of 25% on the part of the petitioner is set aside. vi. On such deposit of the amount petitioners are permitted to withdraw the entire amount along with interest accrued on the same, as per the apportionment of the Tribunal. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 64