- 1 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 10146 OF 2018 (MV-D) BETWEEN: 1. SMT MUNILAKSHMAMMA W/O MUNIRAJA M AGED ABOUT 46 YEARS 2. SRI MUNIRAJA M S/O MUNISHAMAPPA AGED ABOUT 56 YEARS BOTH ARE RESIDING AT NO.323 III MAIN, 6TH CROSS LAKSHMIDEVI NAGAR NANDINI LAYOUT BENGALURU-96 …APPELLANTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SRI THANOJ KUMAR P S/O NAIDU R P R/AT NO.124/A, I FLOOR 6TH CORSS, TEACHER COONY KUMARASWAMY LAYOUT BENGALURU-78 2. NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE NO.144 SHUBRAM COMPLEX M G ROAD, BANGALORE-01 …RESPONDENTS (BY SRI. H S LINGARAJU, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 20.02.2025) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/08/2018, PASSED IN MVC NO.2945/2017, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 01.08.2018 passed in MVC No.2945/2017 by the XIX Additional Small Causes Judge & Motor Accident Claims Tribunal, Bengaluru (SCCH-17)2 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 01.08.2018 partly allowed the claim petition and awarded a total compensation of `22,98,000/- together with interest @ 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 7.5% per annum. Being aggrieved, the claimants have filed the above appeal seeking for enhancement of compensation. 3. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 4. The findings of the Tribunal on negligence and on liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 5. Heard the submissions of learned counsel Sri Sripad V. Shastri appearing for the appellants and learned counsel Sri H.S. Lingaraj appearing for the respondent No.2. Perused the records including the records of the Tribunal. 6. The deceased was aged 24 years as on the date of the accident i.e., on 26.03.2017 as noticed by the Tribunal having regard to the SSLC marks sheet (Ex.P16), wherein the date of birth of the deceased has been stated as 20.04.1993. 7. The deceased was stated to be a Guest Relations Executive working in a private company as also a Taxi driver earning a total monthly income of Rs.27,615/-. The Tribunal - 4 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 while considering the income of the deceased has considered the documents pertaining to his employment with SPI Cinemas Private Limited including three pay slips (Ex.P28). The claimants have produced and relied on the identity card issued by Meru Cabs (Ex.P19), employment ID card (Ex.P20), DL extract (Ex.P21) as also the B register extract of the car (Ex.P22) which demonstrates that the deceased was the owner of the car from 30.05.2015 and sold the same on 26.1.2017, two months prior to the accident. The deceased was also a graduate as is forthcoming from Ex.P25. The Tribunal has also noticed that Physical Test Result sheet of PSI (Ex.P23) demonstrates that the deceased qualified for the written examination for the post of Sub Inspector of Police as he successfully qualified in the physical efficiency test. The employer of the deceased was examined as PW2 who has deposed that the deceased was working as a Guest Relations Executive since 18.1.2017 till 25.03.2017 and drawing a salary of `12,615/- per month and that he would have been got promotion and increment based on his performance. The Tribunal considering all the above aspects has assessed the monthly income of the deceased as Rs.15,000/-. However, - 5 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 having regard to the fact that there is abundant material on record to demonstrate that apart from his employment, the deceased had his own car and he was driving the same as a Taxi, it is just and proper that the income of the deceased be re-assessed as Rs.18,000/- per month. 8. As per the judgment of Hon’ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi & Ors.3 and considering the age of the deceased, 40% of income of the deceased is to be added to his income by way of future prospects. 50% is to be deducted towards personal expenses since the deceased was a bachelor. Hence, loss of dependency is re-assessed as (`18,000/- + 40% - 50% x 12 x 18) = `27,21,600/- as against `22,68,000/- awarded by the Tribunal. 9. As per the judgments of the Hon’ble Supreme Court in the case of Pranay Sethi3 and Magma General Insurance Company Ltd. V. Nanu Ram4, claimant Nos.1 and 2 being the parents of the deceased are entitled to compensation of 3 AIR 2017 SC 5157 4 (2018) 18 SCC 130 - 6 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 `40,000/- each towards loss of consortium with escalation at 20% and accordingly a sum of (`48,000/- x 2) `96,000/- is awarded towards the same. `15,000/- each is required to be awarded towards loss of estate and funeral expenses with escalation at 20%. Accordingly, a sum of `18,000/- each is awarded towards the same. 10. It is noticed that the Tribunal has awarded interest at 7.5% per annum. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 11. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Towards loss of dependency 22,68,000.00 27,21,600.00 2 Towards loss of estate 15,000.00 18,000.00 3 Towards funeral expenses 15,000.00 18,000.00 4 Loss of Consortium 00 96,000.00 Total 22,98,000.00 28,53,600.00 - 7 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 12. Accordingly, the claimants are entitled to an enhanced compensation of (`28,53,600/- - `22,98,000/-) `5,55,600/-. 13. In view of the aforementioned, the following: ORDER i) The above appeal is partly allowed; ii) The judgment and award dated 01.08.2018 passed in MVC No.2945/2017 by the XIX Additional Small Causes Judge & Motor Accident Claims Tribunal, Bengaluru (SCCH-17) is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The claimants are entitled to enhanced compensation of `5,55,600/- together with interest @ 7% per annum from date of petition till date of payment, in addition to the compensation awarded by the Tribunal; iv) The disbursement of the compensation shall be in terms of the judgment and award of the Tribunal; v) The Registry to draw the modified award accordingly; - 8 - HC-KAR NC: 2025:KHC:25724 MFA No. 10146 of 2018 vi) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 50