- 1 - HC-KAR NC: 2025:KHC:34822 MFA No. 7335 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7335 OF 2022 (MV-D) BETWEEN: 1. SRI A. GOVINDA CHAARI S/O LATE ARMUGA CHARY AGED ABOUT 56 YEARS 2. SMT. LEELA R W/O A GOVINDA CHAARI AGED ABOUT 50 YEARS APPELLANTS NO.1 AND 2 ARE R/AT NO. 1/449A MADAKASIRA ROAD AMARAPURAM ANANTHAPURA ANDHRA PRADESH - 515281 3. SRI DARSHAN G S/O A GOVINDA CHAARI AGED ABOUT 23 YEARS R/AT NO.95, LENIN NAGARA NITTUVALLI NERA DEVARAJ URS SOCIETY DAVANAGERE SOUTHERN EXENSION - 577 004 …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. LIBERTY VIDEOCON GENERAL INSURANCE CO LTD OFFICE NO.1, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34822 MFA No. 7335 of 2022 ALYSSA 1ST FLOOR REAR PORTION, OLD NO.28 NEW NO.23, RICHMOND ROAD BENGALURU - 560 025 REP BY ITS MANAGER 2. SRI NAVEEN A S/O ANANTHRAMA GUPTA G M/S MVG CHITS PVT LTD., NO.164, 4TH MAIN ROAD 7TH CROSS, CHAMARAJPET BENGALURU - 560 018 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 VIDE ORDER DATED 23.08.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED21.03.2022 PASSED IN MVC NO.1327/2020 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH- 4, THE 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1327/2020 dated 21.03.2022 by the XVIII, Additional Judge, Court of small causes & MACT, whereby the tribunal had granted compensation of an amount of Rs.21,26,200/-, the claimants - 3 - HC-KAR NC: 2025:KHC:34822 MFA No. 7335 of 2022 are before this Court seeking enhancement of the compensation. 2. It is the case of the claimants that on 14.02.2020 at about 10.45 a.m. the deceased was riding the two wheeler on Bengaluru-Tumkur NH-48 reached Arishinakunte fly over near Fishland daba, at that time a car driven by its driver came from Bengaluru side towards Tumkur in a high speed rash and negligently as endangerous to human life in a zig zag manner and hit to the deceased bike. Due to the impact the deceased fell down and succumbed to the injuries on the spot. 3. The Tribunal has granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency Rs. 14,58,000/- 2. Loss of Future prospects Rs. 5,83,200/- 3. Loss of consortium Rs. 40,000/- 4. Loss of love and affection Rs. 25,000/- 5. Funeral expenses Rs. 15,000/- 6. Transport of dead body Rs. 5,000/- TOTAL Rs. 21,26,200/- - 4 - HC-KAR NC: 2025:KHC:34822 MFA No. 7335 of 2022 4. Learned counsel appearing for the claimants submit that the Tribunal had taken the income at Rs.13,500/-. It ought to have been taken income at Rs.14,500/-. Even under other conventional heads also the amount that is awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for the Insurance Company submits that the case of claimants is that deceased is earning income of Rs.13,500/- per month and question of taking Rs.14,500/- per month as notional income does not arise. It is submitted that the amount that is awarded by the Tribunal is just and reasonable and there are no grounds to interfere. 6. Having heard the learned counsels on either side, perused the materials on record. This Court has perused the order, the Tribunal had rightly taken income at Rs.13,500/- so under the head of loss of dependency and loss of future prospects, the Tribunal had rightly considered and granted the compensation. Coming to the loss of consortium, as there are 3 dependents this Court is granting an amount of Rs.1,32,000/- (Rs.44,000x3). Towards funeral expenses an amount of Rs.36,000/- is granted. - 5 - HC-KAR NC: 2025:KHC:34822 MFA No. 7335 of 2022 7. 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. 8. 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. 14,58,000/- 14,58,000/- 2. Loss of Future prospects Rs. 5,83,200/- 5,83,200/- 3. Loss of consortium Rs. 40,000/- 1,32,000/- 4. Loss of love and affection Rs. 25,000/- 00 5. Funeral expenses Rs. 15,000/- 36,000/- 6. Transport of dead body Rs. 5,000/- 00 7. Legal expenses Rs. 00 10,000/- TOTAL Rs. 21,26,200/- 22,19,200/- Enhancement Rs. 93,000/- 9. Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.21,26,200/- to Rs.22,19,200/-. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:34822 MFA No. 7335 of 2022 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The 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. iii. 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. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 14 CT-SG