- 1 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4451 OF 2024 (MV-D) BETWEEN: 1. CHOWDAMMA W/O LATE THIPPESWAMY AGED 50 YEARS OCC: HOUSEHOLD WORK 2. KARIBASAPPA T., S/O LATE THIPPESWAMY AGED 32 YEARS OCC: COOLIE WORK 3. SWAMY T., S/O LATE THIPPESWAMY AGED 29 YEARS OCC: COOLIE WORK 4. LINGARAJ T., S/O LATE THIPPESWAMY AGED 29 YEARS OCC: COOLIE WORK ALL ARE R/O JAMMAPURA VILLAGE JAGALUR TALUK DAVANGERE DISTRICT -577 528 …APPELLANTS (BY SRI. R.SHASHIDHARA, ADVOCATE) AND: 1. ANILKUMAR B.H., S/O HALAPPA B., AGED 29 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 DRIVER OF AUTO RICKSHAW BEAIRNG NO KA -17/C 3415 R/O MARENAHALLI VILLGE JAGALUR TALUK DAVANAGERE DISTRICT- 577 528 2. RUDRESHA T., S/O THIPPESWAMY AGED 30 YEARS OWNER OF AUTO RICKSHAW BEARING NO KA -417/C-3415 R/O JAMMAPURA GOLLARAHATTI VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT -577 528 3. THE LEGAL MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., LAWERY ROAD, K.B.EXTENSION DAVANGERE -577 002 4. PAVAN S/O THIPPESWAMY AGED 33 YEARS DRIVER OF AUTO RICKSHAW BEARING NO KA -17/A 9520 R/ MARENAHALLI VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT- 577 528 5. THIPPESWAMY G. L., S/O NINGAIAH AGED 61 YEARS OWNER OF AUTO RICKSHAW BEARING NO KA 17/A-9520 R/O MARENAHALLI VILLAGE JAGALUR TALUK, DAVANGERE DISTRICT -577 528 …RESPONDENTS (BY SRI.P.S.JAGADISH, ADVOCATE FOR R3 V/O/D: 10/09/2025- NOTICE TO R1, R2, R4 AND R5 ARE DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.08.2023 PASSED IN MVC NO.206/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, V MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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.206/2020 dated 31.08.2023 by the I Addl. Senior Civil Judge & MACT, Davanagere, the claimants are before this Court seeking enhancement of the compensation. 2. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 12,01,200/- 2. Medical Bills : Rs. 54,655/- 3. Loss of Consortium : Rs. 30,000/- 4. Funeral Expenses : Rs. 25,000/- TOTAL : Rs. 13,10,855/- - 4 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 3. Learned counsel appearing for the claimant submits that the when the wife is the dependent, as if he is a bachelor the Tribunal had deducted 50% of the income and the future prospects were not considered. Further it is submitted that even under the conventional heads also the amount that is awarded is not just and reasonable. 4. Learned counsel appearing for the respondent/ insurance company submits that the Tribunal has rightly considered and granted a just and reasonable compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering that this accident had occurred in the year 2019 the income is taken at Rs.14,000/- and as the age of the deceased was about 50 years as per post mortem report, 25% future prospectus has to be considered, it comes to Rs.3,500/- then his income is Rs.17,500/- (Rs.14,000/- + Rs.3,500). As the wife is the dependent 1/3rd has to be deducted that comes to an amount of Rs.5,833/-. Then the contribution to the family would be Rs.11,667/- (Rs.17,500/- - Rs.5,833/-). Under the head of loss - 5 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 of dependency this court is granting an amount of Rs.18,20,052/-(Rs.11,667x12x13 = Rs.18,20,052/-). Under the head of loss of consortium (4x44,000/-) this Court is granting an amount of Rs.1,76,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. The Tribunal had granted an amount of Rs.54,655/- towards medical expenses and no interference is called for. 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/- 7. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 12,01,200/- 18,20,052/- 2. Medical Bills : Rs. 54,655/- 54,655/- 3. Loss of Consortium : Rs. 30,000/- 1,76,000/- 1(2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 4. Funeral Expenses : Rs. 25,000/- 36,000/- 5. Legal Expenses : Rs. 00/- 10,000/- Total : Rs. 13,10,855/- 20,96,707/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.20,96,707/-. i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.13,10,855/- to Rs.20,96,707/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the - 7 - HC-KAR NC: 2025:KHC:45108 MFA No. 4451 of 2024 order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 42