- 1 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 4637 OF 2024 (MV-D) BETWEEN: 1. SMT MEGHANA M A W/O. LATE D. L. NAGESH AGED ABOUT 31 YEARS 2. BABY. JASHRITHA D/O. LATE D. L. NAGESH AGED ABOUT 08 YEARS SINCE APPELLANT NO.2 BEING MINOR REP. BY HER NATURAL GUARDIAN MOTHER I.E., APPELLANT NO. 1 HEREIN 3. SMT. RATHNAMMA W/O. SRI. LAKSHMINARAYANAPPA M/O. LATE D. L. NAGESH AGED ABOUT 54 YEARS 4. SRI. LAKSHMINARAYANAPPA S/O. SRI. NARASAPPA F/O. LATE D. L. NAGESH AGED ABOUT 64 YEARS ALL ARE R/AT DINNEHALLI VILLAGE JARABANDANAHALLI CHIKKABALLAPURA TALUK AND DISTRICT-562 121 …APPELLANTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. SRI. RAMESHA S/O. NAGARAJA @ NARAYANAPPA MAJOR, R/AT VEERABHADRASWAMY TEMPLE STREET, HOSSURU GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST-561 210 (OWNER OF CAR NO. KA-05-MK-3043) 2. THE MANAGER HDFC GEN. INS. CO. LTD. NO.25/1, 2ND FLOOR BUILDING NO.2 SHANKAR NARAYANA BUILDING BENGALURU-560 001 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 15.09.2025) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2024 PASSED IN MVC NO. 2887/2022 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-23, 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:42572 MFA No. 4637 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2887/2022 dated 01.04.2024 by the XXI Addl. SCJ and ACMM, Member, MACT, Bengaluru whereby the Tribunal had granted compensation of an amount of Rs.36,84,100/-, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimants seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased. It is the case of the claimant that on 01.05.2022 at about 4.15 pm., the deceased was riding the motorcycle slowly by observing all the traffic rules and regulations from near Chikkakurugodu Village, Railway Gate, Gowribidanur towards Kurubur Village when he reached near Chikkakurugodu village, Railway gate at that time, a car came in opposite direction i.e., from Gowribidanur side in a rash and negligent manner so as to endanger human life and dashed to the deceased’s motorcycle. As a result of impact the deceased fell down and sustained grievous injuries and immediately after the accident he was shifted to Government Hospital, Gowribidanur and for higher treatment he was taken to Prolife Hospital, - 4 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 wherein he breathed his last on 02.05.2022. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Towards loss of dependency Rs. 31,24,800/- 2. Towards loss of consortium to the wife Rs. 48,400/- 3. Towards loss of estate Rs. 18,150/- 4. Towards transportation of dead body funeral and obsequies ceremony expenses Rs. 18,150/- 5. Towards loss of filial consortium to the daughter and parents Rs. 1,20,000/- 6. Medical expenses Rs. 3,54,600/- Total Rs. 36,84,100/- 3. Learned counsel appearing for the appellants/ claimants submits the deceased was earning an amount of Rs.20,000/- per month, he studied SSLC and he had completed ITI course, but the Tribunal had considered the income as per the chart and it has taken the income at Rs.15,500/- per month which is for the unskilled labourers. It is submitted that he is a skilled labour and the Tribunal ought to have taken an amount of Rs.20,000/- per month as income. It is submitted that the - 5 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 compensation amount that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that just being an ITI Diploma holder is not a ground for the Tribunal to treat him as a skilled labourer. It is submitted that though evidence is produced and the Tribunal had rightly considered and had granted the compensation and there are no grounds to interfere with the well considered award passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. Firstly, the only issue in this case is about the income of the deceased. Undisputed facts are that he has done his SSLC and also he had done his ITI Course. No doubt there is no other document to show that he is working. As rightly submitted by the learned counsel for the claimants that the Tribunal cannot consider the same salary as that of an unskilled labourers and for the unskilled labourers for the year 2022 the income is at Rs.16,500/- per month. Considering the same, this Court is taking the income at Rs.16,500/- per month, 40% of future prospects would come to - 6 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 an amount of Rs.6,600/- i.e., Rs.23,100/- as there are four claimants 1/4th has to be deducted towards personal expenses i.e., Rs.5,775/-. Then his contribution to the family is Rs.17,325/- (17,325X12X16)= Rs.33,26,400/- towards loss of dependency. Towards loss of consortium this Court is granting an amount of (44,000X4)=Rs.1,76,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. The Tribunal had rightly granted an amount of Rs.3,54,600/- towards medical expenses and this Court is not interfering with the same. 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 claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Towards loss of Rs. 31,24,800/- 33,26,400/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 dependency 2. Towards loss of consortium Rs. 1,68,400/- 1,76,000/- 3. Towards loss of estate Rs. 18,150/- 00/- 4. Towards transportation of dead body funeral and obsequies ceremony expenses Rs. 18,150/- 36,000/- 5. Medical expenses Rs. 3,54,600/- 3,54,600/- 6. Legal expenses Rs. 00/- 10,000/- Total Rs. 36,84,100/- 39,03,000/- Enhanced amount Rs. 2,18,900/- 8. Altogether, the claimants are entitled for the compensation of an amount of Rs.39,03,000/-. 9. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.36,84,100/- to Rs.39,03,000/-. 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. iii) Respondent No.2/Insurance Company shall pay the compensation. - 8 - HC-KAR NC: 2025:KHC:42572 MFA No. 4637 of 2024 iv) Respondent No.2/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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 62