- 1 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1810 OF 2020 (MV- D) BETWEEN: SMT. SAROJAMMA W/O LATE SRINIVASA REDDY AGED ABOUT 61 YEARS, R/O NO.449, 2ND CROSS, S G R COLLEGE RAOD MUNNEKOLLALA MARATHAHALLI POST, BENGALURU-37 …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SMT VINAYA SOMANATH MAJOR D/O JANARDHANAN SOMANATH W/O ANEESH THILAK R/AT NO.003, BLOCK, SAMHITHA GREEN WOODS APARTMENT, VIBGYOR SCHOOL ROAD, NEXT TO VIBGYOR SCHOOL THUBARAHALLI, WHITEFIELD BENGALURU-66 2. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 NO.89, II FLOOR, SVR COMPLEX HOSUR MAIN ROAD, MADIWALA BENGALURU …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2018 PASSED IN MVC NO. 5258/2018 ON THE FILE OF THE MEMBER, MACT, XVI ADDITI ONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.5258/2018 dated 14.10.2018 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 05.08.2018 at about 7.30 p.m. when the deceased was crossing the Marathahalli outer ring road, in front of VIMS Hospital, slowly, - 3 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 carefully, cautiously observing all moving vehicles when the deceased crossed the entire road and reached the other end of the road at that time, a car bearing Reg.No.KL-02-AX-3837 driven by its driver at high speed in a rash and negligent manner so as to endanger human life and property all of a sudden came and dashed against the deceased. Due to the terrific impact, the deceased was knocked to the ground and sustained server head and bodily injuries. He was shifted to VIMS Hospital wherein first aid treatment had given and then he was shifted to Sakra Hospital and admitted as in patient. Again on 09.08.2018 the deceased was shifted to Victoria Hospital but the deceased succumbed to the injuries on 12.08.2018. 3. The Tribunal has granted compensation of Rs.4,51,329/- for the death of the deceased in the accident. The Court has considered the income at Rs.7,000/- and granted compensation. When it comes to personal expenses, the Court had deducted 50% and granted compensation. When it comes to contributory negligence, the Court had fastened 50% negligence on the claimant. - 4 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 4. The Trial Court had granted the compensation as per the following table: Sl.No. Heads Amount 1. Loss of dependency Rs.2,10,000/- 2. Medical bills Rs.1,71,329/- 3. Transportation of dead body and Funeral Expenses Rs.15,000/- 4. Loss of Consortium Rs.40,000/- 5. Loss of Estate Rs.15,000/- TOTAL Rs.4,51,329/- 5. Learned counsel appearing for the claimant submits that the Court ought not to have deducted 50% and Court ought to have been deducted 1/3rd and salary should have been taken at Rs.12,000/-. It is submitted that the compensation that is awarded by The Tribunal is not just and reasonable. 6. Learned counsel appearing for respondent No.2/Insurance company submits that Court had rightly considered the evidence on record and awarded compensation. 7. Having heard the learned counsel on either side, perused the entire material on record. The accident had taken - 5 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 place in the year 2018 and as per the chart prepared by the Legal Service Authority the notional income is Rs.12,500/-. It is the case of the claimant that the income of the deceased is Rs.12,000/-. This Court is inclined to take income at Rs.12,000/-. The wife is dependent and 1/3rd has to be deducted towards personal expenses which comes to an amount of Rs.4,000/- and his contribution to family is Rs.8,000 and Rs.8,000 x 12 x 5 comes to an amount of Rs.4,80,000 towards loss of dependency an amount of Rs.44,000/- is granted towards consortium and towards funeral expenses an amount of Rs.36,000/-. The Tribunal had already granted an amount of Rs.1,71,329 towards medical expenses and this Court is not inclined to interfere with the same. 8. When it comes to the contributory negligence the Court had fixed the contributory negligence at 50%. This Court has perused the order of the trial Court and considering the manner in which accident had taken place the contributory negligence fixed by the Court is reduced to 15% on the deceased and 85% on the opposite vehicle. - 6 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 9. Hence, the claimant is entitled for the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 2,10,000/- 4,80,000/- 2. Medical bills : Rs. 1,71,329/- 1,71,329/- 3. Transportation of dead body and funeral expenses : Rs. 15,000/- 36,000/- 4. Loss of consortium : Rs. 40,000/- 44,000/- 5. Loss of estate : Rs. 15,000/- - TOTAL : Rs. 4,51,329/- 7,31,329/- Enhancement : Rs. 2,80,000/- 10. The contributory negligence is fixed on the claimant at 15%. Hence, the Insurance Company is liable to pay an amount of Rs.6,21,629/-. i. The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The 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 - 7 - HC-KAR NC: 2025:KHC:25172 MFA No. 1810 of 2020 withdraw the entire amount without furnishing any security. iii. The apportionment of the amount shall be as per the order 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. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 4 Sl No.: 30