- 1 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6284 OF 2023 (MV-D) BETWEEN: 1. RAMAKRISHNA ITHAL B @ RAMAKRISHNA AITHAL B S/O LATE B ANANTHA AITHAL, AGED ABOUT 58 YEARS 2. SMT. USHA R AITHAL W/O RAMAKRISHNA AITHAL B , AGED ABOUT 49 YEARS 3. KUM CHAITHRA D/O RAMAKRISHNA AITHAL B AGED ABOUT 26 YEARS ALL ARE RESIDING AT DOOR NO.2-23/20, SUBHIKSHA, MARUTHI NAGARA, KULAI, HOSABETTU, MANGALURU D.K. DISTRICT - 575 019 …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR. DEVI PRASAD S/O LOKESH SALIAN AGED ABOUT 43 YEARS R/AT D NO 5-125, KRISHNAPURA, SURATHKAL, KATIPALLA, MANGALURU D K DISTRICT - 575 030 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD SATHISH COMPLEX, GROUND FLOOR, BEHIND SBI OPP: GOVINDADASA COLLEGE, SURATHKAL MANGALURU D.K. DISTRICT - 575 014 …RESPONDENTS (VIDE ORDER DATED 22.09.2023 NOTICE TO R1 IS DISPENSED WITH SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.11.2022 PASSED IN MVC NO.935/2020 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MACT-I, C.K., MANGALURU, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.935/2020 dated 14.11.2022 by the Principal District and Sessions Judge and Motor Accidents Claims Tribunal - I, D.K, Mangaluru where by the Tribunal had granted an amount of Rs.30,41,600/- as - 3 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 compensation, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed under Section 166 of Motor Vehicle Act seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased in the road traffic accident. 3. The brief facts of the case are that on 23.06.2020 deceased was proceeding on his motor cycle from Kottara Chowki towards KPT. Around 11.10 a.m. when he reached Athul JEM Auto Service, Daddalakadu Cross, Kuntikana, a driver of Tempo came by driving it in high speed with rash and negligent manner in opposite direction and dashed to one Motor Cycle, which was proceeding ahead of tempo and lost control over the tempo and came on extreme right side and moved over divider and dashed to the motor cycle of the deceased. As a result the deceased fell down and sustained injuries. Immediately, he was taken to A.J Hospital, Mangaluru for treatment. The deceased succumbed to the injuries on the same day. - 4 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 4. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency Rs. 27,21,600/- 2. Medical expenses Rs. 25,000/- 3. Loss of consortium Rs. 1,20,000/- 4. Loss of love and affection Rs. 1,20,000/- 5. Loss of estate Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- 7. Damage to the vehicle Rs. 25,000/- TOTAL Rs. 30,41,600/- 5. Learned counsel appearing for the claimants submits that the Tribunal ought not have taken the income at Rs.18,000/-. He was pursuing 6th semester and he was a meritorious student. He submits that the Tribunal ought to have taken Rs.25,000/- as his income. It is submitted that the accident had taken place in the year 2020 and the amount of Rs.18,000/- per month taken as income by the Tribunal is on the lower side and it needs to be enhanced. - 5 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 6. Learned counsel appearing for the respondent/Insurance Company submits that in some of the cases the Hon'ble Apex Court has only taken an amount of Rs.10,000/- and already in this case the amount is taken at Rs.18,000/- which is on the higher side and no enhancement is called for. He submits that the Tribunal had granted an amount of Rs.1,20,000/- under the head of loss of consortium and another amount of Rs.1,20,000/- under the head of loss of love and affection. Further, an amount of Rs.25,000/- is granted towards damage to the vehicle. The amounts that are granted by the Tribunal are already on the higher side and no interference is called for. 7. Having heard the learned counsels on either side, perused the material on record. Considering the fact that he was perusing 6th Semester Engineering and meritorious student, this Court is inclined to take the income at Rs.20,000/- per month. Future prospects at 40% would come to an amount of Rs.8,000/-, which comes to an amount of Rs.28,000/- (Rs.20,000+8,000/-). As 50% has to be deducted towards his personal expenses, then contribution to the family would be an amount of Rs.14,000/- per month. Hence, loss of - 6 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 dependency would come to an amount of Rs.30,24,000/- (Rs.14,000x12x18). Towards loss of consortium an amount of Rs.1,32,000/- (Rs.44,000x3) is granted. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. The Tribunal had rightly granted an amount of Rs.25,000/- towards damages to the vehicle and towards medical expenses also an amount of Rs.25,000/- and no interference is called for. 8 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. 9 The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 27,21,600/- 30,24,000/- 2. Medical expenses Rs. 25,000/- 25,000/- 3. Loss of consortium Rs. 1,20,000/- 1,32,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 4. Loss of love and affection Rs. 1,20,000/- 00 5. Loss of estate Rs. 15,000/- 00 6. Funeral expenses Rs. 15,000/- 36,000 7. Damage to the vehicle Rs. 25,000/- 25,000/- 8. Legal Expenses Rs. 00 10,000/- TOTAL Rs. 30,41,600/- 32,52,000/- Enhancement Rs. 2,10,400/- 10 Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.30,41,600/-to Rs.32,52,000/-. 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/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 claimant is entitled to withdraw the entire amount without furnishing any security. - 8 - HC-KAR NC: 2025:KHC:34871 MFA No. 6284 of 2023 iv) 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. 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 RJ