- 1 - HC-KAR NC: 2025:KHC:42579 MFA No. 5176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 5176 OF 2025 (MV-D) BETWEEN: 1. SRI SHIVARAJU S/O LATE RAMACHANDRA AGED ABOUT 28 YEARS 2. SRI MAHESH S/O LATE RAMACHANDRA AGED ABOUT 40 YEARS BOTH ARE R/ AT HANCHYA VILLAGE NELLURUPALA POST, HUNSUR TQ MYSURU DISTRICT 571 105 3. SMT DIVYA W/O JAYARAM D/O LATE RAMACHANDRA AGED ABOUT 26 YEARS R/AT REDDY KOPPALU VILLAGE SOMANAHALLI POST KASABA HOBLI, HUNSUR TQ MYSURU-571 105 …APPELLANTS (BY SRI. SYED ABDUL SABOOR., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42579 MFA No. 5176 of 2025 AND: 1. SRI KIRAN G M S/O MAHABALESHWARA G AGED ABOUT 29 YEARS R/AT RANJITHA NILAYA CHALLAKERE MAIN ROAD MAHESHWARI LAYOUT NEAR B.C.M CHITRADURGA-577 501 2. THE MANAGER MAGMA HDI GENERAL INSURANCE CO LTD 2ND FLOOR, H.M.J.C ROAD NO.36 J.C.ROAD, NEAR MINERVA CIRCLE BENGALURU-560 002 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE) THIS MFA IS FILED UNDER SECTION.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.03.2025 PASSED IN MVC NO.2081/2023 ON THE FILE OF THE COURT OF PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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 SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42579 MFA No. 5176 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2081/2023 dated 17.03.2025 by the Principal Small Causes and Senior Civil Judge and MACT at Mysuru, whereby the Tribunal had awarded compensation of an amount of Rs.13,52,164/-, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimants seeking compensation of an amount of Rs.33,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimants that on 22.10.2023 at around 5.00 pm., on Hunsur- H.D. Kote main road, near Hanchya village, when the deceased was proceeding by walk on the left side of the road, the rider of the motorcycle belonging to rider of the motorcycle rode the same at a high speed in a rash and negligent manner and dashed against the deceased from the rear side. Further in the said accident, the deceased sustained grievous injuries on her head apart from other minor injuries all over the body. Further, though immediately after the accident the deceased was being taken to Hunsur Hospital she succumbed to the injuries while - 4 - HC-KAR NC: 2025:KHC:42579 MFA No. 5176 of 2025 on her way to the hospital. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of dependency Rs. 12,67,164/- 2. Loss of love and affection Rs. 45,000/- 3. Transportation of dead body and final rites and cremation Rs. 25,000/- 4. Loss of estate Rs. 15,000/- Total Rs. 13,52,164/- 3. Learned counsel appearing for the appellants/ claimants submits that the Tribunal had failed to grant the reasonable amount under the conventional heads and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. As far as loss of dependency is concerned, the Tribunal had rightly granted the compensation amount of Rs.12,67,164/- and no interference is called for. - 5 - HC-KAR NC: 2025:KHC:42579 MFA No. 5176 of 2025 Towards loss of consortium this Court is granting an amount of (44000X3)= Rs.1,32,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 6. 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. 7. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of dependency Rs. 12,67,164/- 12,67,164/- 2. Loss of love and affection Rs. 45,000/- 1,32,000/- 3. Transportation of dead body and final rites and cremation Rs. 25,000/- 36,000/- 4. Loss of estate Rs. 15,000/- 00/- 5. Legal expenses Rs. 00/- 10,000/- Total Rs. 13,52,164/- 14,45,164/- Enhanced amount Rs. 93,000/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.14,45,164/-. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:42579 MFA No. 5176 of 2025 9. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.13,52,164/- to Rs.14,45,164/- and the Insurance Company is liable to pay the compensation amount. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.2/Insurance Company shall pay the compensation. iv) Respondent No.2/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 claimant is entitled to withdraw the amount as per the award. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 53