- 1 - HC-KAR NC: 2025:KHC:45028 MFA No. 2999 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.2999 OF 2024(MV-D) BETWEEN: JAYASHEELA M.S. W/O HARISHA K R AGED ABOUT 38 YEARS R/A KONANURU VILLAGE BETTADAPURA HOBLI PERIYAPATTNA TLAUK MYSURU DISTRICT - 571 114 …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SHIVAKUMARA S/O KARIYAIAH AGED MAJOR R/AT ELUMDDANAHALLI VILLAGE MIRLE HOBLI K R NAGAR TALUK MYSURU DISTRICT - 571 604 2. MANAGER HDFC IRFO GENERAL INSURANCE CO LTD Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45028 MFA No. 2999 of 2024 BRANCH OFFICE: MAHARAJA COMPLEX OPP: SUB-URBAN BUS STAND NAZARABAD BENGALURU-NEELAIGIRI ROAD MYSURU - 570 010. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2 R1 SERVED, BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2023 PASSED IN MVC NO. 1491899/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. 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:45028 MFA No. 2999 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC No.899/2021 dated 01.02.2023 by the Court of the Additional Small Causes and Senior Civil Judge and MACT, Mysuru, whereby the Tribunal has granted an amount of Rs.11,03,000/- as compensation, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed under Section 166 of the Motor Vehicles Act, claiming compensation of an amount of Rs.31,00,000/- along with interest at the rate of 18% per annum for the death of the deceased in the road traffic accident. 3. The Tribunal has awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of Estate : Rs. 9,90,000/- 2. Loss of consortium : Rs. 40,000/- 3. Funeral Expenses : Rs. 15,000/- 4. Expenses relating to treatment, hospitalization : Rs. 58,000/- - 4 - HC-KAR NC: 2025:KHC:45028 MFA No. 2999 of 2024 and medicines TOTAL : Rs. 11,03,000/- 4. The learned counsel appearing for the claimants submits that the Tribunal has fixed the liability on the owner of the vehicle on the ground that the deceased was a pillion rider and that it was an act-policy, under which the pillion rider is not covered. With regard to the compensation, the Tribunal has rightly taken the notional income at Rs.15,000/- per month but deducted 50%, it ought to have deducted 1/3rd. Even under the other heads, the compensation awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for respondent Insurance Company submits that liability is on the owner of the vehicle. 6. No vakalath is filed on behalf of the owner. 7. Having heard the learned counsel's on either side, perused the material on record. First coming to the expenses relating to treatment, hospitalization and medical expenses the Tribunal has rightly granted an amount of Rs.58,000/- and his - 5 - HC-KAR NC: 2025:KHC:45028 MFA No. 2999 of 2024 Court do not find any reasons to interfere with the award passed by the Tribunal. Secondly, the Tribunal has rightly taken the notional income at Rs.15,000/- per month. Considering the age of the deceased at 55 years, 10% has to be added towards future prospects, which comes to Rs.1,500/-. The monthly income is Rs.16,500/- (15,000+1,500). As rightly contented by the learned counsel for the appellant, the Tribunal ought to have deducted 1/3rd, which comes to Rs.5,500/-. Therefore, the contribution to the family would be Rs.11,000/- (16,500-5,500) per month. Accordingly, under the head of loss of dependency, the claimant is entitled for an amount of (11,000X12X11) Rs.14,52,000/-. Towards loss of consortium this Court is granting an amount of Rs.44,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 8. 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. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45028 MFA No. 2999 of 2024 9. The claimant is entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of Estate/Loss of dependency : Rs. 9,90,000/- 14,52,000/- 2. Loss of consortium : Rs. 40,000/- 44,000/- 3. Funeral Expenses : Rs. 15,000/- 36,000/- 4. Expenses relating to treatment, hospitalization and medicines : Rs. 58,000/- 58,000 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 11,03,000/- 16,00,000/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.16,00,000/-. 11. Accordingly, the appeal filed by the claimant is partly allowed by enhancing compensation from an amount of Rs.11,03,000/- to Rs.16,00,000/-. i. The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. ii. The owner of the vehicle is liable to pay the compensation. - 7 - HC-KAR NC: 2025:KHC:45028 MFA No. 2999 of 2024 iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. On 29.08.2025, the delay of 313 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delay period. v. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 32 CT-SG