- 1 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6050 OF 2022(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.6049 OF 2022(MV-D), MISCELLANEOUS FIRST APPEAL NO.6067 OF 2022(MV-D) IN MFA No. 6050/2022 BETWEEN: 1. SMT. K.ASWARTHAMMA W/O LATE K.VENKAPPA AGED ABOUT 51 YEARS 2. MR. MARUTHI S/O LATE K. MARUTHI AGED ABOUT 35 YEARS 3. MR. SREE RAMULU S/O LATE K VENKAPPA AGED ABOUT 34 YEARS ALL ARE R/AT NO 4-54 L.TIMMAUPRAM COLONY PEDDAMANTHUR, ANATHAPUR ANDHRA PRADESH-515 124. …APPELLANTS (BY SRI. HARISH BABU K.N., ADVOCATE) AND: 1. MR. B.CHANDRA SEKHAR REDDY S/O B.BALA NAGI REDDY NO.6-33, O.C.COLONY TADIMARRI, DADITHOTA ANANTHAPURA, ANDHRA PRADESH-515 001. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 2. THE BRANCH MANAGER THE DIVISIONAL MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD. NO.89, SVR COMPLEX HOSUR MAIN ROAD MADIVALA, BANGALORE-560 068. 3. SRI. S.GANGADARAPPA S/O ANJINAPPA L.THIMMAPURAM VILLAGE RODDAM MANDAL ANANTHAPUR DIST (AP). 4. THE BRANCH MANAGER CHOLAMANADALAM MS GENERAL INSURANCR CO. LTD. UNIT NO.04, NINTH FLOOR LEVEL-06 "GOLDEN HEIGHTS" COMPLEX 59TH 'C' CROSS, RAJAJINAGAR HO BANGALORE. …RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; SRI. B.PRADEEP, ADVOCATE FOR R4; R1 - SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC.NO.5902/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (S.C.C.H-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6049/2022 BETWEEN: 1. SMT. K.NAGARATHNAMMA W/O LATE K.NARAYANAPPAA AGED ABOUT 47 YEARS 2. KUM. K. PRAMILA D/O LATE K.NARAYANAPPA - 3 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 AGED ABOUT 18 YEARS BOTH ARE R/AT NO.4-23 L.THIMMAPURAM COLONY PEDDAMANTHUR, ANANTHAPURA ANDHRA PRADESH-515 124. ...APPELLANTS (BY SRI. HARISH BABU K.N., ADVOCATE) AND: 1. MR. B.CHANDRA SEKHAR REDDY S/O B.BALA NAGI REDDY NO.6-33, O.C.COLONY TADIMARRI, DADITHOTA ANANTHAPURA ANDHRA PRADESH-515 001. 2. THE BRANCH MANAGER THE DIVISIONAL MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD. NO.89, SVR COMPLEX HOSUR MAIN ROAD MADIVALA, BANGALORE-560 068. 3. SRI. S.GANGADARAPPA S/O ANJINAPPA L.THIMMAPURAM VILLAGE RODDAM MANDAL ANANTHAPUR DIST. (AP). 4. THE BRANCH MANAGER CHOLAMANADALAM MS GENERAL INSURANCR CO. LTD. UNIT NO.04, NINTH FLOOR LEVEL-06 "GOLDEN HEIGHTS" COMPLEX 59TH 'C' CROSS, RAJAJINAGAR HO BANGALORE. ...RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; SRI. B.PRADEEP, ADVOCATE FOR R4; R1 & R3 - SERVED, UNREPRESENTED) - 4 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO.5901/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (S.C.C.H-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6067/2022 BETWEEN: 1. SMT. K.RAMAJANAMMA @ KURUVA RAMAJANAMMA W/O LATE K.RAMANJANAPPA AGED ABOUT 47 YEARS 2. MR. K.N MURTHY @ KURUVA MURTHY S/O LATE K.RAMANJANAPPA AGED ABOUT 22 YEARS BOTH ARE R/AT NO.4-23 L.THIMMAPURAM COLONY PEDDAMANTHUR, ANANTHAPUR ANDHRA PRADESH-515 124. ...APPELLANTS (BY SRI. HARISH BABU K.N., ADVOCATE) AND: 1. MR. B.CHANDRA SEKHAR REDDY S/O BALA NAGI REDDY NO.6-33, O.C.COLONY TADIMARRI, DADITHOTA ANANTHAPURA ANDHRA PRADESH-515 001. 2. THE BRANCH MANAGER THE DIVISIONAL MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD. NO.89, SVR COMPLEX HOSUR MAIN ROAD, MADIVALA BANGALORE-560 068. - 5 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 3. SRI. S.GANGADARAPPA S/O ANJINAPPA L.THIMMAPURAM VILLAGE RODDAM MANDAL ANANTHAPUR DIST. (AP). 4. THE BRANCH MANAGER CHOLAMANADALAM MS GENERAL INSURANCR CO. LTD. UNIT NO.04, NINTH FLOOR LEVEL-06 "GOLDEN HEIGHTS" COMPLEX 59TH 'C' CROSS, RAJAJINAGAR HO BANGALORE. ...RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; SRI. B.PRADEEP, ADVOCATE FOR R4; R1 & R3 - SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO.5903/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the awards passed in M.V.C.No.5902 of 2018, M.V.C.No.5901 of 2018 and M.V.C.No.5903 of 2018 dated 21.06.2022 on the file of Chief Judge, Court of small Causes, Member Prl. Motor Accident Claims Tribunal at Bengaluru (S.C.C.H.-1), the claimants are before this Court - 6 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 seeking enhancement of the compensation by filing M.F.A. No.6050 of 2022, M.F.A. No.6049 of 2022 and M.F.A. No.6067 of 2022 respectively. 2. The Tribunal granted compensation of an amount of Rs.8,62,800/- in M.V.C.No.5902 of 2018, an amount of Rs.9,81,200/- in M.V.C.No.5901 of 2018 and an amount of Rs.11,26,560/- in M.V.C.No.5903 of 2018. 3. As the Tribunal had disposed of the cases by way of a common order, hence, this Court is also disposing of the matters by way of a common order. 4. Learned counsel for the appellants/claimants submits that the accident had taken place in the year 2018 and the Tribunal had taken notional income of Rs.9,000/- per month, which is on the lower side. It is submitted that the notional income should have taken as Rs.12,500/-. 5. Learned counsel for the insurance company submits that the Tribunal had rightly taken the notional income and granted the compensation. - 7 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 6. The accident had taken place in the year 2018. As per the table prepared to Karnataka State Legal Services Authority, notional income for the year 2018 is Rs.12,500/-. Hence, submission of the learned counsel for the claimants is taken into consideration. 7. Accordingly, this Court is granting compensation as below: MFA.No.6050/2022 arising out of MVC.No.5902/2018 8. The deceased was aged 58 years at the time of accident. Considering the age, the future prospects at 10% would be added, which comes to Rs.1,250/- i.e., Rs.13,750/-. As there are three dependents, 1/3rd has to be deducted, it comes to Rs.9,167/-, then towards loss of dependency it would come to an amount of Rs.9,90,036/- (Rs.9,167X12X9). For three dependents, i.e. wife and sons, under the head of loss of consortium, this Court is granting an amount of Rs.1,32,000/- (Rs.44,000 X 3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 9. The claimants are therefore, entitled to the compensation under the following heads: - 8 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 Heads Compensation Awarded by the Tribunal Compensati on awarded by this Court 1. Loss of dependency : Rs. 7,12,800/- 9,90,036/- 2. Loss of consortium : Rs. 1,20,000/- 1,32,000/- 3. Loss of estate : Rs. 15,000/- - 4. Funeral expenses : Rs. 15,000/- 36,000/- TOTAL : Rs. 8,62,800/- 11,58,036/- 10. Accordingly, the appeal filed by the claimants is disposed of by enhancing the compensation from an amount of Rs.8,62,800/- to Rs.11,58,036/-. MFA.No.6049/2022 arising out of MVC.No.5901/2018 11. The deceased was aged 52 years at the time of accident. Considering the age, the future prospects at 10% would be added, which comes to Rs.1,250/- i.e., Rs.13,750/-. As there are two dependents, 1/3rd has to be deducted, it comes to Rs.9,167/-, then towards loss of dependency it would come to an amount of Rs.12,10,044/- (Rs.9,167X12X11). For two dependents, i.e. wife and daughter, - 9 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 under the head of loss of consortium, this Court is granting an amount of Rs.88,000/- (Rs.44,000X2). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 12. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensati on awarded by this Court 1. Loss of dependency : Rs. 8,71,200/- 12,10,044/- 2. Loss of consortium : Rs. 80,000/- 88,000/- 3. Loss of estate : Rs. 15,000/- - 4. Funeral expenses : Rs. 15,000/- 36,000/- TOTAL : Rs. 9,81,200/- 13,34,044/- 13. Accordingly, the appeal filed by the claimants is disposed of by enhancing the compensation from an amount of Rs.9,81,200/- to Rs.13,34,044/-. MFA.No.6067/2022 arising out of MVC.No.5903/2018 14. The deceased was aged 52 years at the time of accident. Considering the age, the future prospects at 10% - 10 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 would be added, which comes to Rs.1,250/- i.e., Rs.13,750/-. As there are two dependents, 1/3rd has to be deducted, it comes to Rs.9,167/-, then towards loss of dependency it would come to an amount of Rs.12,10,044/- (Rs.9,167X12X11). For two dependents, i.e. wife and son, under the head of loss of consortium, this Court is granting an amount of Rs.88,000/- (Rs.44,000 X 2). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 15. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensati on awarded by this Court 1. Loss of dependency : Rs. 8,71,200/- 12,10,044/- 2. Loss of consortium : Rs. 80,000/- 88,000/- 3. Loss of estate : Rs. 15,000/- - 4. Funeral expenses : Rs. 15,000/- 36,000/- 5. Medical expenses : Rs. 1,45,360/- 1,45,360/- TOTAL : Rs. 11,26,560/- 14,79,404/- - 11 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 16. Accordingly, the appeal filed by the claimants is disposed of by enhancing the compensation from an amount of Rs.11,26,560/- to Rs.14,79,404/-. Accordingly, all the appeals filed by the claimants are disposed of. i. The enhanced amounts shall carry interest at 6% per annum from the date of petition till the date of realization. ii. Respondent Nos.2 and 4-insurance companies are liable to pay 50% each and as far as respondent No.4-insurance company is concerned, as the driver is not having a valid driving licence, the insurance company shall pay and recover the same from the owner of the vehicle. 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. The apportionment of the amounts shall be as per the order passed by the Tribunal. - 12 - HC-KAR NC: 2025:KHC:25070 MFA No. 6050 of 2022 C/W MFA No. 6049 of 2022 MFA No. 6067 of 2022 v. The amount in deposit shall be forthwith transferred to the Tribunal. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PGG List No.: 4 Sl No.: 7