- 1 - HC-KAR NC: 2025:KHC:28570-DB MFA No. 6545 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 6545 OF 2017 (MV-D) BETWEEN: 1. KESHAVA MURTHY S/O BABU RANGAIAH, AGED ABOUT 48 YEARS, 2. DEVAMMA S/O KESHAVA MURTHY, AGED ABOUT 42 YEARS, 3. KIRAN T K S/O KESHAVA MURTHY, AGED ABOUT 21 YEARS, ALL ARE R/AT THIMMANAHALLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 570 001. …APPELLANTS (BY SRI.RUPESH KUMAR, ADVOCATE FOR SRI. N KUMAR.,ADVOCATE) AND: 1. BHARTI AXA GENERAL INSURANCE COMPANY LTD Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28570-DB MFA No. 6545 of 2017 1ST FLOOR,FERMS ICON,SY.NO.28, DODDANEKUNDI, BANGALORE-560037. 2. V LAKSHMIKANTH S/O VENKATASWAMY, MAJOR, R/AT SUBRAMANYA NAGAR, TURUVEKERE, TUMKUR DISTRICT - 570 001. …RESPONDENTS (BY SRI. SHIVANNE GOWDA, ADVOCATE FOR SRI. B. PRADEEP., ADVOCATE FOR R1; NOTICE SERVED ON R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2017 PASSED IN MVC NO.300/2016 ON THE FILE OF THE MEMBER, MACT, 16TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, 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 MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:28570-DB MFA No. 6545 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is for enhancement by the claimants in MVC No.300/2016 on the file of the XVI Additional Judge, Court of Small Causes and MACT, Bengaluru [for short, 'the Tribunal']. The Tribunal has allowed the claimants' petition under Section 166 of the Motor Vehicles Act, 1988 granting a total sum of Rs.25,14,000/- with interest at 9 percent per annum from the date of the petition till deposit under the following heads: Sl. No. Head of Compensation Amount [Rs.] 1 Loss of dependency 23,94,000 2 Loss of love and affection 45,000 3 Loss of estate 45,000 4 Transportation of dead body and funeral expenses 30,000 Total 25,14,000 Sri Rupesh Kumar, the learned counsel who appears for Sri N. Kumar who is on record for the claimant, submits that this Court must grant enhancement in compensation because the Tribunal - 4 - HC-KAR NC: 2025:KHC:28570-DB MFA No. 6545 of 2017 has not granted compensation towards loss of consortium to each of the claimants. The grievance is examined in the light of the fact that the Tribunal has provided for addition towards future prospects at 50% of the income instead of 40% and interest at 9% instead of 6% per annum. The Tribunal has also awarded a total sum of Rs.90,000/- towards loss of love and affection and loss of estate. This Court opines there is no reason for enhancement. Hence, the appeal is rejected. Sd/- (D K SINGH) JUDGE Sd/- (B M SHYAM PRASAD) JUDGE AN/-