- 1 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1285 OF 2024 (MV-I) BETWEEN: 1. SMT. RATHNAMMA V W/O LATE VENKATESH AGED ABOUT 42 YEARS, 2. MR. MANJUNATH V S/O LATE VENKATESH AGED ABOUT 29 YEARS, 3. KUM. DEEPA V D/O LATE VENKATESH AGED ABOUT 27 YEARS, 4. MR. MURALI V S/O LATE VENKATESH AGED ABOUT 23 YEARS, ALL ARE R/AT NO.58 3RD CROSS, LINGARAJAPURAM B BLOCK, ST.THOMS TOWN BENGALURU - 560 084. …APPELLANTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: THE MANAGING DIRECTOR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 BMTC, SHANTHINAGAR DOUBLE ROAD, BENGALURU - 560 027. …RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2023 PASSED IN MVC NO.2385/2021 ON THE FILE OF THE 5TH ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2385/2021 dated 01.02.2023 by the Motor Accidents Claims Tribunal and V Additional Judge SCCH-20, Mayo Hall Unit, Bengaluru, the claimants are before this Court seeking enhancement of the compensation and also questioning the contributory negligence that is fixed on the deceased at 20%. The Tribunal has granted the compensation as per the table given below: - 3 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 Sl. No. Heads of compensation Amount granted 1. Loss of dependency Rs. 18,52,500/- 2. Loss of estate Rs.15,000/- 3. Towards funeral and obsequies ceremonies Rs.15,000/- 4. Loss of consortium Rs.40,000/- Total Rs.19,22,500/- 2. Learned counsel appearing for the claimants submits that when this accident had taken place in the year 2021, the Tribunal had taken the income at Rs.14,250/- instead of Rs.15,000/-. Even under the conventional heads also, the amount that is awarded by the Tribunal is not just and reasonable. It is submitted that the Tribunal had fixed the contributory negligence at 20% on the deceased without any basis and there is no contributory negligence on the part of the deceased. 3. Learned counsel appearing for the respondent/BMTC submits that the Tribunal had rightly fixed the contributory negligence at 20% on the deceased, as the deceased was arrayed as accused No.2 in the charge sheet. It is submitted that there are no grounds to interfere with the - 4 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 compensation and the appeal has to be dismissed. 4. Having heard the learned counsels on either side, perused the material on record. First coming to the liability, the Tribunal had rightly fixed the liability at 20% on the deceased and 80% on the driver of the offending vehicle. There is no dispute about the fact that deceased has been arrayed as an accused in the charge sheet. In those circumstances, this Court is not inclined to interfere with the said finding. Coming to the quantum of compensation, as this accident had occurred in the year 2021. As per the chart prepared by Karnataka State Legal Services Authority, this Court is taking the income at Rs.15,000/- per month, 25% of future prospects would come to an amount of Rs.3,750/-, then his income is Rs.18,750/-. As there are four dependants, 1/3rd has to be deducted i.e., Rs.6,250/-. Then his contribution to the family would be Rs.12,500/-. Hence, this Court is granting an amount of (12,500 x 12 x 13) is Rs.19,50,000/- 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/-. - 5 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 5. 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. 6. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 18,52,500/- 19,50,000/- 2. Loss of estate : Rs. 15,000/- 00/- 3. Towards funeral and obsequies ceremonies : Rs. 15,000/- 36,000/- 4. Loss of consortium : Rs. 40,000/- 1,76,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 19,22,500/- 21,72,000/- 7. Altogether, the claimants are entitled for an amount of Rs.21,72,000/-. 8. As the Tribunal had fixed the contributory negligence at 20% on the part of the deceased, it comes to an amount of Rs.4,34,400/-, if the same is deducted, the 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 claimants are entitled for an amount of (Rs.21,72,000 - Rs.4,34,000) is Rs.17,37,600/-. The Insurance company is liable to pay the compensation of an amount of Rs.17,37,600/-. 9. Accordingly, the appeal filed by the claimants are partly allowed by enhancing the compensation from an amount of Rs.15,38,000/- to Rs.17,37,600/-. 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) The respondent-BMTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the amount as per the award. iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 7 - HC-KAR NC: 2025:KHC:46442 MFA No. 1285 of 2024 the order passed by this Court forthwith without any delay. v) On 14.02.2025, the delay of 280 days is condoned on the condition that the claimants are not be entitled for the interest, in case of enhancement. Hence, the respondent - BMTC is not liable to pay the interest for the delay period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SJK List No.: 2 Sl No.: 7 CT: BHK