- 1 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 4247 OF 2019 (MV-) BETWEEN: SMT. ARUNAKSHAMMA W/O LATE VEERANNA, AGED ABOUT 70 YEARS, R/O H.NO.9/303, PAPER TOWN, BHADRAVATHI …APPELLANT (BY SRI. PAVAN KUMAR.N., ADVOCATE FOR SRI. L. SRINIVASA BABU., ADVOCATE) AND: 1. ANADAN K S/O KANNAN, AGED ABOUT 38 YEARS, OWNER AND DRIVER OF TEMPO TRAX BEARING REG. NO. KA-26/M-1795, R/O HOSAMANE, 3RD CROSS, NRUPATHUNGA ROAD, NRUPATHUNGA NAGARA, BHADRAVATHI. 2. MALLESHA N. S/O NANDYAPPA, AGED ABOUT 24 YEARS, - 2 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 DRIVER OF TATA MAJIC, BEARING REG. NO. KA-B-0616, R/O A.K. COLONY, OLD TOWN, BHADRAVATHI. 3. GANGA BAI W/O LATE CHANDRA NAIK, AGED ABOUT 40 YEARS, OWNER OF TATA MAGIC BEARING REG. NO. KA-14-B-0616, R/O KALAPANAHALLI VILLAGE, KUDLIGERE POST, BHADRAVATHI TALUK. 4. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., SARVAMANGALA COMPLEX, C.N. ROAD, BHADRAVATHI, POLICY NO. 68010131140200005628, VALID UP TO 17/01/2016. 5. THE MANAGER, THE NEW INDIA INSURANCE CO.LTD., NEAR OLD BRIDGE, B.H. ROAD, BHADRAVATHI, POLICY NO. 24040231150102474552, VALID UP TO 05/06/2016. 6. CHANDRA NAIK S/O HARIKA NAIK, DEAD BY HIS LRS, GANGA BAI, W/O LATE CHANRA NAIK, AGED ABOUT 42 YEARS, R/O KALAPANAHALLI VILLAGE, ARAHALLI POST, - 3 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 BHADRAVATHI TALUK. 7. JAGADHEESHA S/O LATE CHANDRA NAIK, AGED ABOUT 20 YEARS, R/O KALAPANAHALLI VILLAGE, ARAHALLI POST, BHADRAVATHI TALUK. 8. BHOOMIKA D/O LATE CHANDRA NAIK, AGED ABOUT 18 YEARS, R/O KALAPANAHALLI VILLAGE, ARAHALLI POST, BHADRAVATHI TALUK. …RESPONDENTS (BY SMT. HARINI SHIVANAND., ADVOCATE FOR R4; R1, R3, R5, R6(A) ARE SERVED; V/O DATED: 15.12.2025 – SERVICE OF NOTICE TO R2 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED02.03.2019 PASSED IN MVC NO.1098/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-12, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. This present appeal has been filed impugning the judgment and award dated 02.03.2019 passed by the Additional Senior Civil Judge and Additional MACT-12 at Bhadravathi in MVC No. 1098 of 2019. 2. The facts pertaining to the accident and the death of the deceased K.V. Kantharaju on 29.09.2015, are not in dispute. The liability of respondent No. 4, the Insurance Company, is also not disputed. The present appeal is filed for the enhancement of compensation awarded by the learned Motor Accident Claims Tribunal. 3. The deceased was unmarried and left behind his mother as his sole dependent, the claimant. He was employed as a Smart Class Coordinator under Edu Com Solution Ltd., drawing a salary of Rs. 9,101/- per month. It was additionally claimed that he worked part-time as a typing and computer instructor at Raghavendra Institute of Commerce and Computer, Bhadravathi, earning Rs. - 5 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 6,000/- per month. However, no documentary evidence was produced to substantiate this additional income. Consequently, the Tribunal took his income as Rs. 9,101/- per month, added 50% towards future prospects considering his educational qualifications, and deducted 50% towards his personal expenses as he was unmarried. The loss of dependency was thus calculated as Rs. 6,825.75 (rounded to Rs. 6,750/- for calculation) x 12 x 15). Head of Compensation Amount/Rs. Loss of dependency 12,15,000.00 Loss of transportation and funeral expenses 15,000.00 Loss of love and affection 40,000.00 Compensation towards funeral expenses 15,000.00 Filial and parental consortium for petitioners No.2 to 5 70,000.00 Total 13,55,000.00 - 6 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 4. A total compensation of Rs. 13,55,000/- was awarded along with interest at 7% per annum. However, attributing 25% contributory negligence to the deceased, the net compensation payable to the appellant/claimant was Rs. 10,16,250/- (75% of Rs. 13,55,000) with interest. 5. The learned counsel for the appellant has made two submissions seeking enhancement: (i) The deduction towards personal expenses should be 1/3rd instead of 50%. (ii) A 10% enhancement should be granted under the conventional heads (loss of estate, loss of love and affection, and funeral expenses). 6. Learned counsel for the respondent-Insurance Company submitted that the Tribunal has, in fact, been liberal by adding 50% towards future prospects instead of 40%, and thus, there is no scope for enhancement. It is noted that the Insurance Company has not filed any cross- appeal or cross-objections challenging the award. - 7 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 7. We have considered the submissions. Regarding the first submission, it is well-settled that for a bachelor, a deduction of 50% towards personal and living expenses is appropriate. We find no reason to interfere with this deduction. 8. Regarding the second submission, in light of the settled legal position and the principles of just compensation, we are of the view that the appellant/claimant is entitled to a 10% enhancement on the amounts awarded under the conventional heads (loss of estate, loss of love and affection, and funeral expenses). The learned counsel for the respondent- Insurance Company has no objection to this enhancement. 9. Re-calculation: Original sum under conventional heads: Rs. 15,000 (Loss of Estate) + Rs. 40,000 (Love & Affection) + Rs. 15,000 (Funeral) + Rs. 70,000 (Filial Consortium)=Rs. 1,40,000/-. 10% Enhancement: Rs. 14,000/- - 8 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 Enhanced sum under conventional heads: Rs. 1,54,000/-. Loss of Dependency (unchanged): Rs. 12,15,000/- New Total Compensation: Rs. 12,15,000 + Rs. 1,54,000 = Rs. 13,69,000/- After 25% contributory negligence (75% payable): Rs. 10,26,750/- (Rs. 13,69,000 x 0.75) Order i. Consequently, the compensation awarded to the appellant/claimant is enhanced from Rs. 10,16,250/- to Rs. 10,26,750/- (Rupees Ten Lakh Twenty-Six Thousand Seven Hundred and Fifty only). The enhanced amount shall carry interest at the rate of 7% per annum from the date of the petition till the date of realization. ii. The appeal is partly allowed to the extent indicated above. iii. The apportionment and disbursement of the enhanced compensation, along with accrued interest, shall - 9 - HC-KAR NC: 2025:KHC:53136-DB MFA No. 4247 of 2019 be governed by the directions contained in the Tribunal’s award. Statutory deposit, if any, shall be refunded. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 12 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA