- 1 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 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. 7596 OF 2023 (MV-D) BETWEEN: 1. 1a. SMT. SARVAMANGALA W/O LATE MAHADEVAPPA S AGED ABOUT 65 YEARS DEAD BY HER LRS SMT. LATHA S.M W/O CHANNABASAPPA S.P AGE 51 YEARS, 2. SMT. DIVYA S.M W/O MANJUNATH K.J AGED 40 YEARS, 3. SRI. PRASHANTH S.M S/O LATE MAHADEVAIAH S AGED 43 YEARS, APPELLANT NO.1 R/AT SATHANURU VILLAGE OPP. TO FOREST OFFICE KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117 APPELLANT NO.2 R/AT TOTTI RAMAIAH STREET KANAKAPURA TOWN & TALUK RAMANAGARA DISTRICT - 562 117 APPELLANT NO.3 R/AT SATHANURU Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 of 2023 VILLAGE AND POST KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 117 …APPELLANTS (BY MS. NITYA V., ADV. FOR SRI. PRAKASH M H., ADV.) AND: 1. ACKO GEN. INS. CO. LTD., OFFICE AT NO.36/5, HUSTELHUB ONE EAST, SOMASANDRAPALYA, 27TH MAIN ROAD, SECTOR-2, HSR LAYOUT, BENGALURU-560102 REP. BY ITS MANAGING DIRECTOR 2. SRI. BALUNAYAKA S/O MASIYANAYAKA, AGE: MAJOR, R/AT NO.14, AMMANAPAURA VILLAGE, AVEERAHALLI POST, KAILANCHA HOBLI, RAMANAGARA DIST - 562 117. …RESPONDENTS (BY SRI. B. PRADEEP, ADV. FOR R1; V/O DATED 23.08.2025 NOTICE TO R2 DISPENSED WITH) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.12.2022 PASSED IN MVC NO. 1731/2020 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1731/2020 dated 27.12.2022 by the III Additional Judge and MACT of Small Causes, Bengaluru, the claimants are before this Court for seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased. 2. Virtually, wife was claimant during the pendency of the petition. Wife died and two daughters and son were impleaded as legal representatives. The Court had granted the compensation as per the table given below: Sl. No. Compensation heads Compensation amount 1 Loss of dependency Rs. 5,80,000/- 2 Loss of consortium Rs. 44,000/- 3 Loss of estate Rs. 16,500/- 4 Funeral and obsequies ceremony expenses Rs. 16,500/- 5 Transportation of dead body Rs. 10,000/- 6 Medical expenses Rs. 2,10,558/- Total Rs. 8,77,558/- - 4 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 of 2023 3. Learned counsel appearing for the appellants- claimants submits that under the head of loss of consortium, the amount that is awarded by the Tribunal is not just and reasonable. He submits that the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent- Insurance Company submits that the compensation awarded by the Tribunal is just and reasonable. 5. Having heard the learned counsels on either side, perused the material on record. 6. The Tribunal under the head of loss of dependency had rightly granted Rs.5,80,000/-. The wife died during the pendency of the petition. The legal representatives i.e., 2 daughters and 1 son are entitled towards loss of consortium of an amount of Rs.1,76,000/- (Rs.44,000/- x 4). Towards ‘funeral expenses’ an amount of Rs.36,000/- is granted and towards ‘medical expenses’ an amount of Rs.2,10,558/- is granted. - 5 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 of 2023 7. 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'. 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 5,80,000/- 5,80,000/- 2. Loss of consortium : Rs. 44,000/- 1,76,000/- 3. Loss of estate : Rs. 16,500/- 00/- 4. Funeral and obsequies ceremony expenses : Rs. 16,500/- 36,000/- 5. Medical expenses : Rs. 2,10,558/- 2,10,558/- 6. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 8,77,558/- 10,12,558/- Enhancement : Rs. 1,35,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 of 2023 9. Altogether, the claimants are entitled for an amount of Rs.10,12,558/-. 10. Accordingly, the appeal of the claimants is partly allowed by enhancing the compensation from Rs.8,77,558/- to Rs.10,12,558/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) 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 claimants are entitled to withdraw the entire amount without furnishing any security. iii) The apportionment of the compensation as per the award passed by the Tribunal. 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 claimants are not entitled for interest for a period of 197 days. vi) No costs. - 7 - HC-KAR NC: 2025:KHC:34679 MFA No. 7596 of 2023 vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB