- 1 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.5872 OF 2021 (MV-D) BETWEEN: 1. SMT. MANJULA W/O. LATE SHIVANNA AGED ABOUT 59 YEARS. 2. MR. KERTHI H.S. S/O. LATE SHIVANNA AGED ABOUT 21 YEARS. BOTH ARE RESIDING AT "RAJARAJESHWARI BUILDING" I CROSS, NEAR ANJANEYA TEMPLE SANJEEVININAGAR BENGALURU. PERMANENT ADDRESS: HARALAHALLI VILLAGE PANDAVAPURA MANDYA DISTRICT 571 435. …APPELLANTS (BY SRI B. KESHAVA MURTHY, ADVOCATE) AND: 1. M/S. RELIANCE GENERAL INSURANCE CO. LTD. 28, 5TH FLOOR, CENTENARY BUILDING EAST WING, CITI BANK M.G. ROAD BENGALURU-560 001 REPRESENTED BY ITS MANAGER. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 2. MR. SURESH H.S. S/O. MR. SIDDAPPA NO.11, HOSAPALYA, CHUNCHANAKUPPE POST TAVAREKERE HOBLI, BENGALURU SOUTH TALUK. …RESPONDENTS (BY SRI D. VIJAYA KUMAR, ADVOCATE, FOR R-1, AND VIDE ORDER DATED 4-8-2023, NOTICE TO R-2 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 23-4-2021 PASSED IN M.V.C. NO.6210 OF 2019 ON THE FILE OF THE III ADDITIONAL JUDGE, MEMBER, M.A.C.T., COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimants being aggrieved by the judgment and award dated 23-4-2021 passed in M.V.C. No.6210 of 2019 on the file of the III Additional Judge and Motor Accidents Claims Tribunal, Bengaluru. Whereby, the Tribunal awarded a sum of Rs.21,86,800/- as compensation with interest at the rate of 8% per annum from the date of petition till the date of deposit. - 3 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 2. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 3. Brief facts of the case are that, on 12-9-2019 at about 7:30 p.m., Sri Kiran H.S. (hereinafter referred to as 'deceased') was riding his motorcycle, bearing Registration No.KA-03 JA-8087, on Heganahalli Main Road. At that time, the driver of a lorry, bearing Registration No.KA-41 C-7269, drove the vehicle in a rash and negligent manner at excessive speed and dashed against the motorcycle of the deceased. Due to this, the deceased fell down, and front right side wheel of lorry passed over the head of the deceased. He was taken to Sapthagiri Hospital, wherein post-mortem was conducted and thereafter, the body of the deceased was handed over to the claimants. Due to his death, mother and brother of the deceased lost their dependency and hence, claimed compensation under various heads. 4. Heard Sri B. Keshava Murthy, learned counsel for the appellants-claimants, Sri D. Vijaya Kumar, learned - 4 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 counsel for respondent No.1-Insurance Company, and perused the judgment and award of the Tribunal. 5. Learned counsel for the appellants-claimants has contended that the deceased was working as Machine Operator at M/s. SRM Enterprises and earning Rs.30,000/- per month and has produced salary receipts at Exs.P14 and P15. In addition to the above, the deceased was also working as part-time Gym Trainer and earning Rs.10,000/- per month. Thus, in total, the deceased was earning Rs.40,000/- per month. However, the Tribunal has considered only Rs.14,000/- per month and awarded compensation of Rs.21,86,800/-. Hence, he prays to enhance the compensation. 6. Per contra, the learned counsel for respondent No.1- Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each heads, which - 5 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 does not call for interference at the hands of this Court. Thus, he prays for dismissal of the appeal. 7. As there is no dispute regarding the death of the deceased in a road traffic accident occurred on 12-9-2019 due to rash and negligent driving of the lorry, bearing Registration No.KA-41 C-7269, by its driver and liability of the insurer of the offending vehicle, the only point that arises for our consideration in this appeal is: “Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?” 8. After hearing both the learned counsel and perusal of the impugned judgment and award of the Tribunal, we are of the view that the compensation awarded by the Tribunal is on lower side. The Tribunal has taken the income of the deceased at Rs.14,000/- per month. 9. As per the material available on record, prior to the accident, the deceased was working as Machine Operator at M/s. SRM Enterprises and to substantiate the same, PW1, - 6 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 mother of the deceased, has produced Exs.P14 and P15, wherein it clearly indicates that the deceased was drawing salary of Rs.19,734/- per month. It is also evident from the record that, the deceased was removed from the job in the month of August, 2019. Therefore, taking note of the above facts, we deem it appropriate to assess the income of the deceased at Rs.18,000/- per month. As per the dictum of the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680, 40% of the income must be added towards future prospects, which comes to Rs.7,200/- (18,000 X 40%) and the total income comes to Rs.25,200/- per month (18,000 + 7,200). The claimants, i.e. mother and younger brother of the deceased, are the dependents of the deceased and the deceased was a bachelor. Therefore, 50% of the income shall be deducted towards the personal expenses of the deceased and it works out to Rs.12,600/- per month (25,200 X 50%). The applicable multiplier would be ‘18’ - 7 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 (for age group up to 25 years) and it works out to Rs.27,21,600/- (12,600 X 12 X 18). This would be the ‘loss of dependency’ as against Rs.21,16,800/- awarded by the Tribunal. 10. Further, Rs.40,000/- towards 'loss of consortium', Rs.15,000/- towards 'loss of estate' and Rs.15,000/- towards 'funeral expenses' awarded by the Tribunal are maintained. 11. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 27,21,600.00 Loss of consortium 40,000.00 Loss of estate 15,000.00 Funeral expenses 15,000.00 TOTAL 27,91,600.00 Less: Compensation awarded by the Tribunal 21,86,800.00 ENHANCED COMPENSATION 6,04,800.00 12. In the result, we pass the following O R D E R i. The appeal is allowed-in-part. - 8 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 ii. The judgment and award passed by the Tribunal are modified to the extent stated hereinabove. The claimants are entitled to total compensation of Rs.27,91,600/- as against Rs.21,86,800/- awarded by the Tribunal, with interest at the rate of 6% per annum on the enhanced compensation of Rs.6,04,800/- from the date of filing the claim petition till the date of realisation. iii. Respondent No.1-Insurance Company is directed to deposit the enhanced compensation together with interest within four weeks' from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement, and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. v. Draw a modified award accordingly. vi. No order as to costs. - 9 - HC-KAR NC: 2025:KHC:31757-DB MFA No. 5872 of 2021 Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 38