- 1 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4939 OF 2019 (MV-D) BETWEEN: 1. SRI MUNIYAPPA, S/O DODDA CHOWDAPPA, R/AT CHINNAPURA VILLAGE, SHETTY KOTHANUR POST, KOLAR TALUK AND DIST PIN - 563 130. 2. SMT.MUNIYAMMA, W/O MUNIYAPPA, R/AT CHINNAPURA VILLAGE, SHETTY KOTHANUR POST, KOLAR TALUK AND DIST PIN - 563 130. …APPELLANTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD, MOTOR CLAIMS HUB, KVD TOWERS, NO.7/3, 2ND FLOOR, INDIRANAGAR, O.M.ROAD, BENGALURU - 560 038. REP BY ITS MANAGER. 2. M/S. CHETAK LOGISTICS LTD, B.M.T.C, K.H.ROAD, VILL SHIKOPUR, NEAR APNO GHAR NH-8, DELHI JAIPUR HIGHWAY MANESAR, GURGAON, HARYANA - 122 001. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 3. M/S. UNITED INDIA INSURANCE CO LTD, MOTOR CLAIMS HUB, NO.18, 6TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU - 560 001, REP BY ITS MANAGER. 4. MR.SHASHI KUMAR, S/O NARAYANAPPA, NO.356, MARUTHI EXTENSION, NER VINAYAKA SHOW ROOM, MALUR, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI. D VIJAYAKUMAR., ADVOCATE FOR R-1; SMT.HARINI SHIVANAND., ADVOCATE FOR R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2019 PASSED IN MVC NO.3308/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.01.2019 passed in MVC - 3 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 No.3308/2018, by the XV Additional Small Causes Judge and XXIII ACMM and MACT (SCCH-19), Mayohall Unit, Bengaluru for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent Nos.1 and 3 - Insurance Company. Notice to respondent Nos.2 and 4 is dispensed with. 3. Brief facts of the case are that, Kum.Shobha met with an accident on 14.02.2018 and died on 16.02.2018. Her parents filed claim application for compensation of Rs.30,00,000/-. The Tribunal considering the entire oral and documentary evidence granted an amount of Rs.10,47,600/- with interest at the rate of 9% per annum from the date of petition till the date of realization. Being aggrieved by the said order, Kum.Shobha was aged 19 years and working as a tailor and earning Rs.1,000 per day. Accident occurred in the year 2018, but the meager amount of Rs.6,000 p.m. was taken and filial consortium was not awarded. Therefore, - 4 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 requested for enhancement of compensation and also requested for enhancement of the interest from 9% to 12%. 4. Learned counsel for the appellants contended that Kum.Shobha was aged about 19 years and working as a tailor and earning Rs.1,000 per day. But no evidence is produced before the Tribunal regarding her income. As such, the notional income is to be taken as per the guidelines given by Karnataka State Legal Services Authority. She met with an accident in the year 2018. Therefore, her income is to be taken as Rs.12,500/- per month. 40% is to be added towards his future prospects, as per the decision of Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1. As per the guidelines of Hon’ble Apex Court in case of Sarla Verma Vs. Delhi Transport Corporation2, if the deceased was unmarried, 50% is to be deducted towards her personal expenses. Rs.12,500/- plus 40% to 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 be added, which comes to (Rs.12,500x40%=Rs.5,000) (Rs.12,500+5,000= 7,500/2 =Rs.8,750). The multiplier applicable is '18'. Therefore, loss of dependency comes to Rs.18,90,000/-. (8,750x12x18). Parents are entitled for filial compensation of Rs.40,000/- each (i.e. 40,000+40,000=Rs.80,000/-) and they are also entitled for Rs.30,000/- under the conventional heads. Further, the Hon'ble Supreme Court, by reiterating the comprehensive interpretation of 'consortium' given in the authority of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, fortified that the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as 'parental consortium' and to the parents as, 'filial consortium' for the loss of their grown-up children, to compensate their 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 6 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 agony, love and affection, care and companionship of deceased children. This Court finds that there is no dispute regarding the medical expenses granted to an extent of Rs.30,326/-. 5. Thus in all, components awarded by this Court are as below: 6. Hence, the compensation enhanced from Rs.10,47,526/- to Rs.20,30,326/-. 7. In view of the aforesaid, I pass the following:- ORDER i. The Appeal is allowed. Particulars Amount in Rs. Loss of dependancy 18,90,000.00 Filial Consortium 80,000.00 Conventional Heads 30,000.00 Medical Expenses 30,326.00 Total 20,30,326.00 - 7 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 ii. The judgment and award dated 01.01.2019 passed in MVC No.3308/2018 by by the XV Additional Small Causes Judge and XXIII ACMM and MACT (SCCH-19), Mayohall Unit, is modified; iii. The claimants are entitled to a sum of Rs.20,30,326/- along with interest at 9% per annum from the date of petition till the date of realization as against Rs.10,47,600/-. iv. The charge sheet is filed against both the vehicles and the liability was fixed as 50% to each of them. Therefore, this Court finds it reasonable to direct respondent No.1 and respondent No.3 are directed to deposit the amount in the ratio of 50% each within one month from the date of this order. - 8 - HC-KAR NC: 2025:KHC:34958 MFA No. 4939 of 2019 v. Petitioner Nos.1 and 2 are permitted to withdraw the entire amount along with interest accrued on the same, equally. vi. 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. vii. Statutory deposit, if any, deposited by the appellant-Insurance company shall be transferred to the MACT. viii. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE KVR List No.: 1 Sl No.: 41