- 1 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6129 OF 2023 (MV-D) BETWEEN: 1. LAKSHMAMMA @ LAKKAMMA @ LAKMIKAMMA W/O LATE THIMMAPPA @ THIMMANNA, AGED ABOUT 52 YEARS, 2. B.T. ALIVELAMMA W/O RANGAPPA D/O LATE THIMMAPPA @ THIMMANNA AGED ABOUT 32 YEARS, 3. KRISHNAPPA GARI KALAVATHI W/O LATE KRISHNAPPA, D/O LATE THIMMAPPA @ THIMMANNA AGED ABOUT 29 YEARS, ALL ARE RESIDENT OF INDUSTRIAL AREA, TUMKUR TALUK AND TUMKUR DISTRICT - 577 101. …APPELLANTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 AND: 1. ANANTHARAMAIAH R S/O LATE RAMACHNDRAIAH, AGED ABOUT 45 YEARS, R/O GATTIHALLI VILLAGE, BUKKAPATNA POST, KORATAGERE TALUK - 572 129, TUMKUR DISTRICT - 577 101. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., OFFICE AT BALAJI TOWERS, 1ST FLOOR, ASHOKA NAGARA, B.H ROAD, TUMKUR - 577 101. …RESPONDENTS (R2 SERVED AND UNREPRESENTED VIDE ORDER DATED 23.09.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.12.2021 PASSED IN MVC NO.955/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.955/2019 dated 14.12.2021 by the VI Additional District and Sessions Judge, Tumakuru, claimants are before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.40,00,000/- for the death of the deceased in the accident. It is their case that the deceased was aged about 48 years and was earning an amount Rs.30,000/- per month. The tribunal had taken the income at Rs.9,000/- and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 9,36,000/- 2. Loss of love and affection : Rs. 40,000/- 3. Loss of Estate : Rs. 15,000/- 4. Funeral expenses : Rs. 15,000/- TOTAL : Rs. 10,06,000/- 3. Learned counsel appearing for the appellant submits that the accident had taken place in the year 2019. It is the case of the claimants that the deceased was earning an amount of Rs.30,000/-, even though no evidence is adduced, still the - 4 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 tribunal ought to have taken the notional income at Rs.14,000/-. It is further submitted that the court had failed to grant future prospects and even under the conventional heads also, the amount that is awarded by the tribunal is on the lower side. 4. On 23.09.2023, an order was passed that Sri.Lakshminarayan C learned counsel accepts notice for respondent No.2 / insurance company. Again an order is passed on 03.07.2025 observing that Sri.Lakshminarayana C has not filed vakalath for respondent No.2. Accordingly, the court has directed to send the notice to respondent No.2 / insurance company. As per the office note dated 29.08.2025 as per the order passed by this court, notice is issued to respondent No.2 / insurance company and the same is served on respondent No.2. In view of the same, as the notice is already served and no vakalath is filed, this court is proceeding to decide the matter on the merits of it. 5. The accident had taken place in the year 2019. No doubt there is no evidence on record to show the income of the deceased. Considering that this accident has taken place in the - 5 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 year 2019, the court ought to have taken the income at Rs.14,000/- and as the age of the deceased is 48 years, future prospects at 25% comes to Rs.3,500/- and his income is Rs.17,500/-. As there are 3 dependents, one third has to be deducted towards personal expenses i.e. Rs.5,833/-. Then if the same is deducted, his income would be Rs,11,667/-. The loss of dependency would come to Rs.18,20,052/- (Rs.11,667 x 12 x 13). Since there are three claimants, towards loss of consortium, the claimants are entitled for an amount of (3x44,000) Rs.1,32,000/-. Towards funeral expenses the claimants are entitled to an amount of Rs.36,000/-. 6. 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. 7. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 9,36,000/- 18,20,052/- 2. Loss of love and affection : Rs. 40,000/- - 3. Loss of Estate : Rs. 15,000/- - 4. Loss of consortium : Rs. 1,32,000/- 4. Funeral expenses : Rs. 15,000/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 10,06,000/- 19,98,052/- Enhancement : Rs. 9,92,052/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.19,98,052/-. 9. Accordingly, the appeal of the claimant is partly allowed, enhancing the compensation from an amount of Rs.10,06,000/- to Rs.19,98,052/-. 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. - 7 - HC-KAR NC: 2025:KHC:34173 MFA No. 6129 of 2023 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) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SS List No.: 1 Sl No.: 18 CT: BHK