- 1 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6003 OF 2023 (MV-D) BETWEEN: 1. SMT. SANDYHARANI W/O LATE THIPPESWAMY, AGED ABOUT 38 YEARS 2. APROOVA D/O LATE THIPPESWAMY AGED ABOUT 19 YEARS 3. SIDDESH S/O LATE THIPPESWAMY AGED ABOUT 16 YEARS IS MINOR REPRESENTED THROUGH THEIR NATURAL GUARDIAN MOTHER 4. SANNA THIPPAIAH S/O SIDDAPPA, AGED ABOUT 73 YEARS 5. ESHWARAMMA W/O SANNA THIPPAIAH, AGED ABOUT 68 YEARS ALL ARE R/O MARADIDEVIGERE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT-577598. …APPELLANTS (BY SRI. SHIVAKUMARAPPA T C.,ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 AND: 1. B.T. THIPPESWAMY S/O BARI THIPPESWAMY, MAJOR RC OWNER OF TRACTOR TRAILER NO KA.16TA.5405/06 R/O MATHIGERAHALLY, BG KERE, PO MOLAKALMURU TALUK, CHITRADURGA DISTRICT-577535. 2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE, CO. LTD. BRANCH OFFICE, 1ST FLOOR, ABOVE THE BANK OF INDIA, CHITRADURGA-577501. …RESPONDENTS (BY SRI.SHANKARA REDDY FOR R2.,ADVOCATE V/O DATED 21.12.2023, NOTICE TO R1 D/W)) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2023 PASSED IN MVC NO 549/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, JMFC, HIRIYUR, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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.549/2023 dated 24.03.2023 by the Senior Civil Judge and Additional MACT at Hiriyur, Chitradurga whereby the Tribunal had granted compensation of an amount of Rs.11,58,155/-, the claimants - 3 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 are before this Court seeking enhancement of the compensation. 2. The claim petition was filed by claimants under Section 166 of the Indian Motor Vehicles Act, 1988, seeking compensation of Rs.30,00,000/- for the death of the deceased in the road traffic accident. 3. The brief facts of the case are that on 17.03.2020, the deceased after engaging some daily labourers to work in his land was proceeding towards his village on his bike. At about 7.30 p.m., when he was near the land of one Hanumapa a tractor and trailer was negligently parked by its driver on a tar road without any indicator or parking lights on. The deceased was riding his bike in moderate speed but could not notice the presence of the tractor and trailer on the spot. Thereby he dashed against the said tractor and trailer from its rear side as a result he sustained head injuries and died on the spot. After completion of postmortem the claimants have cremated his dead body by incurring huge expenses. - 4 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 4. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency Rs. 15,35,664/- 2. Towards consortium Rs. 30,000/- 3. Towards loss of love and affection Rs. 40,000/- 4. Towards funeral expenses Rs. 15,000/- 5. Towards loss of estate Rs. 20,000/- TOTAL Rs. 16,40,664/- 5. The Tribunal had granted an amount of Rs.16,40,664/- as compensation and 30% contributory negligence was fixed on the deceased. Hence, the amount that is payable by the Insurance Company is Rs.11,58,155/-. 6. Learned counsel appearing for the claimants submits the accident had taken place in the year 2020. The Tribunal had taken the income at an amount of Rs.10,500/-. It ought to have been taken at Rs.14,500/-. It is submitted that even under the conventional heads also the amounts that are awarded by the Tribunal is not just and reasonable. - 5 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 7. Learned counsel appearing to the respondent/Insurance Company submits that the Tribunal had rightly granted the compensation and no interference is called for. 8. Having heard learned counsels on either side, perused the materials on record. The accident had taken place in the year 2020 and as per the chart, this Court is taking income at Rs.14,500/-. Considering the age of the deceased as 47, the future prospects at 25% would to come to an amount of Rs.18,125/- (Rs.14,500+Rs.3,625). As there are five claimants 1/4th has to be deducted towards the personal expenses which comes to Rs.4,531/-. Then the contribution to the family would be an amount of Rs.13,594/- (Rs.18,125-Rs.4,531). Hence, loss of dependency would come to an amount of Rs.21,20,664/-(Rs,13,594x12x13). Towards loss of consortium, this Court is granting an amount of Rs.2,20,000/- (Rs.44000x5) is granted. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. This Court do not find any reason to interfere with the finding of contributory negligence that is fixed against the claimant. * Page No.5 is Retyped and replace vide court order dated:25.10.2025. - 6 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 9. 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. 10. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 15,35,664/- 21,20,664/- 2. Towards consortium Rs. 30,000/- 2,20,000/- 3. Towards loss of love and affection Rs. 40,000/- 00/- 4. Towards funeral expenses Rs. 15,000/- 36,000/- 5. Towards loss of estate Rs. 20,000/- 00/- 6. Legal expenses Rs. 00/- 10,000/- TOTAL 16,40,664/- 23,86,664/- Enhancement Rs. 7,46,000/- 9. The Contributory negligence of 30% is deducted from Rs.23,86,664/- which comes to Rs.16,70,664/- 1 (2014) 11 SCC 178 * Page No.6 is Retyped and replace vide court order dated:25.10.2025. - 7 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 (Rs.23,86,664-Rs.7,16,000) and the same shall be payable by the Insurance Company. 10. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.11,58,155/- to Rs.16,70,664 /-. ii) 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) The respondent-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 entire amount without furnishing any security. 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) The amount in deposit shall be forthwith transferred to the Tribunal. vi) No costs. * Page No.7 is Retyped and replace vide court order dated:25.10.2025. - 8 - HC-KAR NC: 2025:KHC:38060 MFA No. 6003 of 2023 vii) Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 2 Sl No.: 9 * Page No.8 is Retyped and replace vide court order dated:25.10.2025.