- 1 - HC-KAR NC: 2025:KHC:45474 MFA No. 4634 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4634 OF 2025 (MV-D) BETWEEN: 1. SRINIVAS A., S/O ARUMUGAM N., AGED ABOUT 63 YEARS 2. KALA J., W/O SRINIVAS, AGED ABOUT 55 YEARS, 3. S. VISHAL S/O LATE. PRIYA S., AGED ABOUT 12 YEARS, THE APPELLANTS NO.3 AND 4 ARE MINORS, REPRESENTED BY HIS GRANDMOTHER AND NATURAL GUARDIAN KALA.J. 4. S.VIMAL S/O LATE. PRIYA.S AGED ABOUT 12 YEARS, THE APPELLANTS NO.3 AND 4 ARE MINORS, REPRESENTED BY HIS GRANDMOTHER AND NATURAL GUARDIAN KALA.J. THE APPELLANTS ARE ALL R/AT NO.82, 8TH CROSS, INDIRANAGAR, SLUM NEAR MODI HOSPITAL, RAJAJINAGAR, BENGALURU-560 010 …APPELLANTS (BY SRI. K.V.NAIK, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45474 MFA No. 4634 of 2025 AND: 1. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., MVC HUB, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU- 560 001 2. HASAN, S/O KHASIM SAB MAJOR, RESIDING AT W NO.14, NEAR SCHOOL ADAPURPET, MANVI, RAICHUR-584 123 …RESPONDENTS (BY SRI.H.C.BETSUR, ADVOCATE FOR R1 V/O/D 25/06/2025- NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2025 PASSED IN MVC NO.999/2023 ON THE FILE OF THE XVIII ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, MACT, BENGALURLU CITY (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45474 MFA No. 4634 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.999/2023 dated 03.02.2025 by the XVIII Additional Judge & ACJM, Court of Small Causes, Bengaluru, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.1,25,00,000/- for the death of the deceased who succumbed to injuries in a road traffic accident. The case of the claimant is that on that on 23.01.2023 at about 10.45 p.m., the deceased was proceeding in his motorcycle, near Ayyappa Swamy Temple, New BL Road, Bangalore. At that time one car came in a rash and negligent manner and dashed against the deceased vehicle. Due to the impact of accident, the deceased fell down and sustained grievous injuries to head. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency with future prospects : Rs. 86,89,584/- 2. Transportation of dead body : Rs. 16,500/- - 4 - HC-KAR NC: 2025:KHC:45474 MFA No. 4634 of 2025 3. Funeral Expenses : Rs. 16,500/ 4. Loss of Estate : Rs. 16,500/ 5. Loss of Love and Affection : Rs. 27,500/- 6. Loss of filial consortium : Rs. 1,76,000/- 7. Medical expenses : Rs. 00/- TOTAL : Rs. 89,42,584/- 4. Learned counsel appealring for the claimant submits that the Tribunal had granted 40% future prospects instead of 50%. It is submitted that he was working in a private company and it is a stable employment. Considering it as a permanent employment 50% future prospects have to be added. 5. Learned counsel appearing for the respondent/ insurance company submits that Tribunal has rightly considered, it is not a government employment as such he is entitled for 40% future prospects and no enhancement is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. As rightly submitted by the learned counsel for the insurance company, the Tribunal - 5 - HC-KAR NC: 2025:KHC:45474 MFA No. 4634 of 2025 had rightly considered and rightly taken 40% as future prospect, as such the claimant is not entitled for 50% future prospect in the light of the settled law. In these circumstances, this Court do not find any reason to interfere with the award passed by the Tribunal and there cannot be any enhancement in the compensation granted by the Tribunal. i. Accordingly, the appeal filed by the claimant is dismissed. ii. 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. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 22