- 1 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 4131 OF 2022 (MV-D) BETWEEN: 1. SMT MANDHALAPU ANKAMMA W/O LATE MANDHALAPU MALIYADRI AGED ABOUT 54 YEARS, 2. MR MANDALAPUR MANOHAR S/O LATE MANDHALAPU MALIYADRI AGED ABOUT 35 YEARS, BOTH ARE RESIDING AT NO.6-16, BOTLAGUDUR RANGASWAMYPAKALA PRAKASAM DISTRICT ANDHRA PRADESH-523110 3. SMT KAMMA SRILAKSHMI W/O CHINNA BRAHMAIAH AGED ABOUT 31 YEARS, R/O 4-90, POKURU PRAKASAM DISTRICT ANDHRA PRADESH-523110 4. SMT ADUSUMALLI VENKTA MOUNIKA W/O NARESH BABU AGED ABOUT 29 YEARS, R/O 6-81, TAKKELLAPADU GUNTUR DISTRICT ANDHRA PRADESH-522509. …APPELLANTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 AND: THE MANAGING DIRECTOR B M T C SHANTHINAGAR DOUBLE ROAD BENGALURU-560 027. …RESPONDENT (BY SRI. D. VIJAYKUMAR, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE JUDGMENT AND AWARD PASSED BY THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, AND MEMBER, MACT, BENGALURU (SCCH- 20), DATED 17.04.2018 PASSED IN M.V.C.NO.5523/2017, AND ENHANCE THE COMPENSATION WITH COURT COSTS AND INTEREST AGAINST THE RESPONDENTS IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimants directed against the judgment and award dated 17.04.2018, passed by the Motor Accident Claims Tribunal & V Additional Small Causes Judge & XXIV A.C.M.M, Member, M.A.C.T, (for short `Tribunal'), in MVC No.5523/2017. - 3 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 2. Though appeal is slated for 'Hearing on I.A.', with consent of learned advocates appearing for both the sides, it is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. The brief facts of the case of both the parties before the Tribunal were that: On 21.09.2017, around 6.00 a.m., on Old Madras Road, Mandhalapu Maliyadri met with an accident due to the rash and negligent driving of BMTC Bus bearing Reg. No.KA-57-F-2480. As a result, the said Mandhalapu Maliyadri sustained grievous injuries and died while undergoing treatment. The claimants are his wife and children. Hence, filed claim petition for awarding of compensation. 5. The fact of accident and death of said Mandhalapu Maliyadri is not in dispute. Therefore, there is no need to reconsider the same. The contention of the claimants are - 4 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 that the Tribunal ought to have taken notional income as Rs.11,000/- per month following the chart prepared by the Karnataka State Legal Services Authority. But, it has taken income as Rs.9,000/- per month. Therefore, compensation under the head 'loss of dependency' may be re-calculated taking notional income as Rs.11,000/- per month. He further submits that amount of compensation awarded under the head 'loss of consortium' is on the lower side. The Tribunal has not followed the law laid down by the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd., -vs- Nanu Ram Alias Chuhru Ram,1. Therefore, prayed to allow the appeal and enhance the compensation. 6. Learned counsel for the respondent vehemently contends that Tribunal has awarded just and reasonable amount of compensation and there is no need to enhance the same and hence, prayed to dismiss the appeal. 1 (2018) SC 1247 - 5 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 7. Comparing to chart of notional income, income taken by the Tribunal is on the lower side. Following the chart prepared by the Karnataka State Legal Services Authority, the notional income is taken as Rs.11,000/- per month. There is no dispute in respect of other factors considered by the Tribunal while calculating compensation under the head of 'loss of dependency'. On the basis of the aforesaid factors, the amount of compensation is re- calculated under the head `loss of dependency'. 8. As per the law laid down in Pranay Sethi's case (supra) and Magma General Insurance Co. Ltd., case (supra), claimant Nos.1 to 4 each entitled for Rs.40,000/- under the conventional head of ‘loss of consortium’. 9. Accordingly, the following compensation is awarded: Particulars Amount in Rs. Loss of dependency (Rs.11,000/- +10% x 12 x 9 x 2/3) 8,71,200 - 6 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 Loss of consortium (40,000 x 4) 1,60,000 Funeral expenses 15,000 Loss of estate 15,000 Total 10,61,200 Amount awarded by the Tribunal 7,82,800 Enhancement- 2,78,400 Rounded off- 2,79,000 10. Thus, the claimants are entitled to interest at the rate of 6% p.a. on the enhanced amount from the date of petition till its realization. Undisputedly, respondent is liable to pay the same. 11. Accordingly, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 17.04.2018 passed in MVC.No.5523/2017 by the Motor Accident Claims Tribunal & V Additional Small Causes Judge & XXIV A.C.M.M, Member, M.A.C.T, stands modified. - 7 - HC-KAR NC: 2025:KHC:46105 MFA No. 4131 of 2022 iii) The claimants are entitled to enhanced compensation of Rs.2,79,000/- with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization excluding the delayed period of 670 days, in filing the appeal. iv) The respondent is liable to deposit the amount within a period of six weeks from the date of award. v) The apportionment, deposit and release etc., are as per the award passed by the Tribunal. vi) Amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimants on due identification. vii) Draw award accordingly. Sd/- (UMESH M ADIGA) JUDGE MH/- List No.: 1 Sl No.: 12