- 1 - HC-KAR NC: 2025:KHC:46292 MFA No. 80 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.80/2024 (MV-D) BETWEEN: 1. SARALA M W/O LATE PRAKASH B AGED ABOUT 59 YEARS, 2. VINAY P S/O LATE PRAKASH B AGED ABOUT 32 YEARS, BOTH R/AT NO.136, 25TH WARDS, NPO ROAD, CHIKKABALLAPUR, CHIKKABALLAPURA DISTRICT-562 101. …APPELLANTS (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. THE ROYAL SUNDARAM GIC LTD REP. BY ITS MANAGER, NO.132, 2ND FLOOR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46292 MFA No. 80 of 2024 MANGALAYA PUNARBHAV, BRIGADE ROAD, BENGALURU-560 025. 2. VENKATARAMANAIAH K V S/O VENKATARAYAPPA MAJOR, NO.636, WARD NO.23 OPP. RAILWAY STATION, CHAMARAJAPETE, CHIKKABALLAPURA TOWN AND DISTRICT- 562 101. …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI, ADVOCATE FOR R1 V/O/D 21.02.2024 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.02.2021 PASSED IN MVC NO.7643/2018 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), 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:46292 MFA No. 80 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.7643/2018 dated 11.02.2021 by the XVI Additional Judge & MACT, Court of Small Causes, Bengaluru, the claimants are before this Court seeking enhancement of the compensation. 2. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 24,99,000/- 2. Medical Expenses : Rs. 00/- 3. Transportation of dead body and funeral expenses : Rs. 15,000/- 4. Filial consortium : Rs. 25,000/- 5. Loss of estate : Rs. 15,000/- TOTAL : Rs. 25,54,000/- 3. Learned counsel appearing for the appellants/claimants submits that the gross salary of the deceased was an amount of Rs.31,769/- per month. It is submitted that the claimant had examined PW.2 in this regard. But the Tribunal had taken the salary at Rs.17,500/- which is on the lower side. It is submitted - 4 - HC-KAR NC: 2025:KHC:46292 MFA No. 80 of 2024 that the compensation needs to be enhanced on all other counts also. 4. Learned counsel appearing for the respondent No.1/ Insurance Company submits that the Tribunal had rightly granted just and reasonable compensation and there are no grounds to interfere with the well considered award passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the entire material on record. Coming to the aspect of salary, the claimants have produced salary slip i.e., Ex.P17 and the same contains the details of his income. The basic salary is an amount of Rs.17,500/-, HRA is an amount of Rs.7,000/-, Conveyance allowance is an amount of Rs.2,300/-, LTA is an amount of Rs.1,250/- and medical reimbursement is an amount of Rs.1,250/- and other allowances Rs.2,456/-. The Tribunal ought to have taken the basic salary, HRA, conveyance allowance and also medical reimbursement except LTA. If the same is taken, the income will come to Rs.28,050/- per month. Considering the salary at Rs.28,050/-, as he was aged about 30 years, future prospects at 40% would come to an amount of - 5 - HC-KAR NC: 2025:KHC:46292 MFA No. 80 of 2024 Rs.11,220/-. Then the salary would be an amount of Rs.39,270/-. As he is a bachelor, 50% has to be deducted towards personal expenses. Then his contribution to the family would come to an amount of Rs.19,635/-. Hence, towards loss of dependency, this Court is granting an amount of Rs.40,05,540/- (Rs.19,635x12x17). Towards loss of consortium, as there are two claimants, 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/-. 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 entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 24,99,000/- 40,05,540/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46292 MFA No. 80 of 2024 2. Medical Expenses : Rs. 00/- 00/- 3. Transportation of dead body and funeral expenses : Rs. 15,000/- 36,000/- 4. Loss of consortium : Rs. 25,000/- 88,000/- 5. Loss of estate : Rs. 15,000/- 00/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 25,54,000/- 41,39,540/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.41,39,540/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.25,54,000/- to Rs.41,39,540/-. 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. The respondent No.1 - 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 claimants are entitled to withdraw the amount as per the award. - 7 - HC-KAR NC: 2025:KHC:46292 MFA No. 80 of 2024 iv. On 28.05.2024, the delay of 573 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest for the delayed period. Hence, Insurance Company is not liable to pay the interest for the delayed period. v. The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG CT:bms List No.: 2 Sl No.: 2