- 1 - HC-KAR NC: 2025:KHC:45411 MFA No. 5920 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5920 OF 2024(MV-D) BETWEEN: 1. CHENNABASAMMA W/O LATE MADAIH @ MAHADEVAIH NOW AGED ABOUT 65 YEARS R/A NO.17/1 WARD NO.9 NEAR ADISHAKTI TEMPLE SHETTYHALLI ROAD RAMANAGARA TOWN -562 159. 2. PAPANNA S/O LATE MADAIH @ MAHADEVAIH NOW AGED ABOUT 45 YEARS R/A NO.17/1 WARD NO.9 NEAR ADISHAKTI TEMPLE SHETTYHALLI ROAD RAMANAGARA TOWN 562 159. 3. MAHADEVA S/O LATE MADAIH ALIAS MAHADEVAIH NOW AGED ABOUT 35 YEARS R/A NO.17/1 WARD NO.9 NEAR ADISHAKTI TEMPLE SHETTYHALLI ROAD RAMANAGARA TOWN 562 159. 4. MAHADEVAMMA W/O SWAMY Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45411 MFA No. 5920 of 2024 D/O LATE MADAIH @ MAHADEVAIH NOW AGED ABOUT 41 YEARS R/A K SHATTAHALLI, S.R.PATNA TALUK -573 438. 5. PARVATHAMMA W/O GANESHA D/O LATE MADAIH ALIAS MAHADEVAIH NOW AGED ABOUT 46 YEARS R/A MALLURU VILLAGE KOLLEGALA TALUK 571 440. …APPELLANTS (BY SRI. PRAMOD R., ADVOCATE) AND: THE DIVISIONAL CONTROLLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC BUS NO. KA-9-F-5336 K H DOUBLE ROAD SHANTHI NAGARA BENGALURU -560 027 …RESPONDENT (BY SRI. ASHOK NARAYAN NAYAK, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.06.2022 PASSED IN MVC NO.212/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, 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:45411 MFA No. 5920 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.212/2019 dated 16.06.2022 by the Senior Civil Judge and Addl. MACT, Kollegala, whereby the Tribunal had awarded the compensation of an amount of Rs.14,73,000/-, the claimants are before this Court seeking enhancement of the compensation. 2. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Towards loss of dependency Rs. 13,23,000/- 2. Medical bills Rs. 00/- 3. Loss of consortium to petitioner No.1 Rs. 40,000/- 4. Love and affection (Petitioner Nos.3 to 5, Rs.20,000/- each) Rs. 80,000/- 5. Loss of estate Rs. 15,000/- 6. Funeral and obsequies expenses Rs. 15,000/- Total Rs. 14,73,000/- 3. Learned counsel appearing for the appellants/ claimants submits that the accident had taken place in the year 2018 and as per the chart, the Tribunal ought to have taken the income at Rs.12,500/- per month, but the Tribunal had taken the income at Rs.10,500/- per month. It is submitted that under the conventional heads, to the brothers and sisters, - 4 - HC-KAR NC: 2025:KHC:45411 MFA No. 5920 of 2024 the Tribunal had not granted reasonable compensation amount and the same needs to be enhanced. 4. Learned counsel appearing for the respondent/ KSRTC submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. Admittedly, the accident had occurred in the year 2018 and as per the chart prepared by the Karnataka State Legal Service Authority, the income has to be taken at Rs.12,500/- per month, 40% of future prospects would comes to an amount of Rs.5,000/- i.e., Rs.17,500/-. As the deceased was a bachelor, 50% has to be deducted towards his personal expenses, which comes to an amount of Rs.8,750/- (Rs.8750X12X15)= Rs.15,75,000/- towards loss of dependency. As there are siblings and mother, towards loss of consortium this Court is granting an amount of (44,000X5) is Rs.2,20,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. - 5 - HC-KAR NC: 2025:KHC:45411 MFA No. 5920 of 2024 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 claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Towards loss of dependency Rs. 13,23,000/- 15,75,000/- 2. Medical bills Rs. 00/- 00/- 3. Loss of consortium to petitioner No.1 Rs. 40,000/- 00/- 4. Love and affection (Petitioner Nos.3 to 5, Rs.20,000/- each) Rs. 80,000/- 00/- 5. Loss of consortium Rs. 00/- 2,20,000/- 6. Loss of estate Rs. 15,000/- 00/- 7. Funeral and obsequies expenses Rs. 15,000/- 36,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 14,73,000/- 18,41,000/- 8. Altogether, the claimants are entitled for the compensation of an amount of Rs.18,41,000/-. 9. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45411 MFA No. 5920 of 2024 amount of Rs.14,73,000/- to Rs.18,41,000/- and the KSRTC is liable to pay the compensation amount. 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/KSRTC shall pay the compensation. iv) The respondent/KSRTC 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. v) On 15.10.2025, the delay of 659 days is condoned by this Court, on the condition that the claimants will not be entitled for the interest, in case of enhancement. Hence, respondent/KSRTC is not liable to pay the interest for the delayed period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI BN, List No.: 4 Sl No.: 16