- 1 - HC-KAR NC: 2025:KHC:35084 MFA No. 3640 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3640 OF 2025(MV-D) BETWEEN: 1. LAKSHMIPATHI, S/O. LATE RAMAIAH, AGED ABOUT 64 YEARS, 2. RAGHUNANDAN L., S/O. LATE LAKSHMIPATHI, AGED ABOUT 31 YEARS, 3. SHASHIKALA D/O. LAKSHMIPATHI, AGED ABOUT 27 YEARS, ALL ARE RESIDING AT: DOGGANAHALLI VILLAGE, MALLEKAVU POST, CN. DURGA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT NOW RESIDING AT: KEREGALAPALYA VILLAGE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT. …APPELLANTS (BY SRI. SATHISHA T., ADVOCATE (VC)) AND: 1. SHIAVAKUMAR C. K., S/O. KEMPANNA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35084 MFA No. 3640 of 2025 AGED ABOUT 57 YEARS, RESIDING AT: DRUSHTHESWARA EXTENSION, CHELUR HOBLI, (AT POST) CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. 2. THE MANAGER, JAYASHEKARA V.R., SURESH GUKANTI, HDFC ERGO GENERAL INSURANCE COMPANY LTD., 2ND FLOOR, NO. 25/1, BUILDING NO. 2, SHANKARANARAYANA BUILDING, M.G. ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; V/O. DATED 05.06.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.11.2024 PASSED IN MVC NO.615/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:35084 MFA No. 3640 of 2025 ORAL JUDGMENT At request of Sri.Sathisha.T, learned counsel for the appellants who appears through video conference and Sri.Mallikarjuna Reddy who represents Sri.Pradeep.B, learned counsel on record for respondent No.2 and who appears before this Court physically, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Tumakuru in MVC No.615/2023 dated 27.11.2024. This is a claimants' appeal. 3. The only point that is projected by the learned counsel for the appellants is in respect of the amount that is awarded as compensation towards loss of consortium, loss of estate and funeral expenses. Learned counsel who represents respondent No.2 seeks to dispose of the matter in accordance with law. - 4 - HC-KAR NC: 2025:KHC:35084 MFA No. 3640 of 2025 4. It is not in dispute that the first appellant is the husband, second appellant is the major son and the third appellant is the major daughter of the deceased Nagarathnamma who died in a road traffic accident. The accident occurred in the year 2023. Therefore, as per the decision of the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, the first appellant is entitled to a sum of Rs.44,000/- under the head 'loss of spousal consortium'. The appellant Nos.2 and 3 being the children of the deceased are also entitled to Rs.44,000/- under the head 'loss of parental consortium'. The appellants are also entitled to a sum of Rs.16,500/- towards 'funeral expenses' and Rs.16,500/- towards 'loss of estate'. Thus the total sum which the appellants are entitled to towards loss of consortium, loss of estate and funeral expenses is Rs.1,21,000/-. However, the Tribunal awarded sum of Rs.70,000/- only in toto under the said heads. Thus the - 5 - HC-KAR NC: 2025:KHC:35084 MFA No. 3640 of 2025 additional amount which the appellants are entitled to is Rs.51,000/-. 5. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Tumakuru through orders in MVC No.615/2023 dated 27.11.2024 is enhanced by Rs.51,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this judgment. (v) The apportionment made by the Tribunal applies to enhanced sum as well. - 6 - HC-KAR NC: 2025:KHC:35084 MFA No. 3640 of 2025 (vi) On deposit, the appellants are permitted to withdraw their respective shares. (vii) I.A.No.2/2025 filed for return of trial Court records is allowed and the Registry is directed to return the records to the concerned Tribunal forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 52