- 1 - HC-KAR NC: 2025:KHC:46433 MFA No. 5298 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5298 OF 2024 (MV-D) BETWEEN: 1. SMT. PADMA W/O LATE SHIVARAJU AGED ABOUT 47 YEARS 2. C.S. ABHISHEK S/O LATE SHIVARAJU AGED ABOUT 26 YEARS 3. LASKSHMI C.S, W/O GUNA D/O ALE SHIVARAJU AGED ABOUT 29 YEARS ALL ARE R/AT CHIKKADE VILLAGE KASABA HOBLI, PANDAVPAURA TALUK MANDYA DISTRICT - 571 401. …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. KIRAN KUMAR C S S/O MARIDEVEGOWDA AGED ABOUT MAJOR R/AT CHIKKADE VILLAGE KASABA HOBLI, PANDAVAPURA TALUK Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46433 MFA No. 5298 of 2024 MANDYA DISTRICT - 571 401. 2. MANAGER ICICI LOMBARD INS. CO. LTD., MYTHRI ARCADE NEW KANTHRAJ URS ROAD, SARSWATHIPURAM, MYSORE - 570 009. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 08.09.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2024 PASSED IN MVC NO.864/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.864/2022 dated 05.01.2024 by the Court of Senior Civil Judge and MACT, Pandavpura, the claimants are before this Court seeking enhancement of the compensation. The claim petition is filed - 3 - HC-KAR NC: 2025:KHC:46433 MFA No. 5298 of 2024 seeking compensation of an amount of Rs.69,50,000/- for the death of the deceased in the accident that took place on 03.05.2022. The Tribunal had awarded the compensation as per the table given below: 1 Loss of dependency : Rs. 11,59,969.8 2 Towards loss of spousal, filial and parental consortium : Rs. 1,32,000.00 3 Towards transportation and funeral expenses : Rs. 16,500.00 4 Towards loss of estate : Rs. 16,500.00 Total Rs. 13,24,969.8 2. Learned counsel for the claimants submits that the accident had taken place in the year 2022 and the Tribunal had taken the income at Rs.11,983/- per month. The Tribunal ought to have taken the income at Rs.15,500/- and ought to have granted the compensation. It is submitted that on the head of loss of dependency, the compensation needs to be enhanced and even the other conventional heads also, the amount that is awarded is not just and reasonable. 3. Learned counsel for respondent No.2-Insurance - 4 - HC-KAR NC: 2025:KHC:46433 MFA No. 5298 of 2024 Company submits that the Tribunal has granted just and reasonable compensation and no enhancement is called for. 4. Having heard the learned counsels on either side, perused the material on record. This accident had taken place in the year 2022. As there is no evidence on record with regard to the income, this Court is taking income as per chart prepared by the Legal Services Authority and the income is taken at Rs.15,500/- per month. The age of the deceased was 54 years. Hence, the future prospects at 10% would come to an amount of Rs.1,550/- i.e., 17,100/- and there are 3 dependants, 1/3rd has to be deducted, it comes to Rs.5,700/. Then his contribution to the family would be Rs.11,400/-. Hence, this Court is granting an amount of (11400X12X11) = Rs.15,04,800/- towards loss of dependency. Towards loss of consortium, this Court is granting an amount of (44,000x3) =Rs.1,32,000/-. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 5. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. - 5 - HC-KAR NC: 2025:KHC:46433 MFA No. 5298 of 2024 MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 6. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 11,59,969.8 15,04,800/- 2. Towards loss of spousal, filial and parental consortium : Rs. 1,32,000/- 1,32,000/- 3. Towards transportation and funeral expenses : Rs. 16,500/- 36,000/- 4. Towards loss of estate : Rs. 16,500/- 00/- 5. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 13,24,969.8 16,82,800/- 7. Altogether, the claimants are entitled for an amount of Rs.16,82,800/-. 8. Accordingly, the appeal of the claimants are partly allowed by enhancing the compensation from an amount of 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46433 MFA No. 5298 of 2024 Rs.13,24,969.8/- to 16,82,800/-. 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.1 - 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 amount as per the award. 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 SJK,NS List No.: 1 Sl No.: 11