- 1 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 53 OF 2020 (MV-D) BETWEEN: 1. SMT. MUNIYAMMA W/O DECEASED KANNAPPA AGED ABOUT 55 YEARS 2. SRI KADIRAPPA S/O DECEASED KANNAPPA AGED ABOUT 35 YEARS BOTH ARE R/AT J K PURAM COLONY RAJUPETA ROAD KYASAMBALLI HOBLI AND POST BANGARPET TALUK KOLAR DISTRICT - 563121 …APPELLANTS (BY SMT. SUGUNA R REDDY, ADVOCATE) AND: 1. N.P.BALASUBRAMANI S/O PERIYASAMY MAJOR IN AGE NO 7, RCC 206-261, S G MUTT ROAD CHAMARAJPET, BENGALURU - 560018 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO LTD Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 REGIONAL OFFICE, UNITY BUILDING ANNEXURE LALBAGH MISSION ROAD BENGALURU - 560002 …RESPONDENTS (BY SRI.S.KRISHNA KISHORE, ADVOCATE FOR R2; VIDE ORDER DATED 27.02.2023 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 24.04.2019, PASSED IN MVC NO.11/2019, ON THE FILE OF THE III-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT, KOLAR (SITTING AT KGF), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 being aggrieved by the judgment and award dated 24.04.2019 in MVC No.11/2019 passed by the III Additional District and Sessions Judge, Kolar, (sitting at KGF) and Member, MACT (for short 'Tribunal'). - 3 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 2. Though appeal is slated for admission, with consent of learned advocates appearing for both the sides, they are 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 are as follows: 4.1. On 02.12.2018, at about 2.30 p.m., Kannappa who was the husband of petitioner No.1 and father of petitioner No.2, met with an accident due to rash and negligent driving of a lorry bearing registration No.KA- 01/AJ-4279, by its driver. As a result of the impact, he sustained grievous injuries and while undergoing treatment, he succumbed to the injuries. The claimants were dependant upon his earnings. Thus, prayed for awarding compensation of Rs.18 lakhs. - 4 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 5. Respondent No.1 was the owner and respondent No.2 was the insurer of the offending vehicle. Respondent No.1 remained ex parte before the Tribunal. 6. The respondent No.2-insurer filed its written statement, denying the contentions of the claim petitioners. It denied its liability to pay the compensation on the ground that accident occurred due to the negligence of deceased. With these reasons, prayed to dismiss the claim petition. 7. From the rival contentions of the parties, the tribunal framed necessary issues, for its determination. 8. The claimants to prove their case examined one witness as PW-1 and marked documents as per Exs.P1 to P8. Respondent No.2 has not led oral evidence and marked document as Ex.R1. 9. The tribunal, after hearing both parties, held that the accident occurred due to rash and negligent driving of the lorry driver. The Tribunal assessed the age of the - 5 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 deceased as 70 years and determined his income as Rs.6,000/- per month, and applied the multiplier as `5' and awarded the following amount of compensation: Particulars Amount in Rs. Loss of dependency 2,40,000/- Loss of estate 15,000/- Funeral and expenses 15,000/- Loss of consortium 40,000/- Total 3,10,000/- 10. Heard the arguments of the learned counsel appearing for the claimants as well as learned counsel for respondent No.2. 11. The fact of the accident and death of Kannappa are not in dispute. The main grievance of the appellants is that the income of the deceased was not properly assessed by the Tribunal and that the amounts awarded under the conventional heads are inadequate. 12. The Tribunal assessed the income of the deceased at ₹6,000 per month, following the chart prepared by the - 6 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 Karnataka State Legal Services Authority, it is taken as ₹12,500/- per month. The applicable multiplier is ‘5’. Since the deceased is survived by his wife and son, one-third of the income is to be deducted towards personal expenses. 13. The tribunal has not awarded compensation towards loss of consortium in respect of claimant No.2 who is son of the deceased. He is entitled for the same as per law laid down in the case of Magma General Insurance Co. Ltd., -vs- Nanu Ram Alias Chuhru Ram,1. 14. Accordingly, the following compensation is awarded: Particulars Amount in Rs. Loss of dependency (Rs.12,500X12X5X2/3 5,00,000/- Loss of consortium 80,000/- Funeral expenses 15,000/- Loss of estate 15,000/- Total 6,10,000/- 1 2018 ACJ 2782 - 7 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 Amount awarded by the Tribunal 3,10,000/- Enhancement- 3,00,000/- 15. Thus, the claimants are entitled to enhanced compensation of Rs.3,00,000/- with interest at 6% p.a. on the enhanced amount from the date of claim petition till its realization. Undisputedly, respondents are liable to pay the same. 16. Accordingly, I proceed to pass the following: ORDER I. The Appeal is allowed in part. II. The judgment and award dated 24.04.2019 in MVC No.11/2019 passed by the III Additional District and Sessions Judge, Kolar, (sitting at KGF) and Member, MACT is modified; III. The claimants are entitled to enhanced compensation of Rs.3,00,000/- with interest at the rate of 6% p.a., from the - 8 - HC-KAR NC: 2025:KHC:43244 MFA No. 53 of 2020 date of petition till its realization, excluding the delayed period of 107 days in filing the appeal. IV. The respondent No.2 shall 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. Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. SD/- (UMESH M ADIGA) JUDGE ASN List No.: 1 Sl No.: 19