- 1 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.505 OF 2024 (MV-D) BETWEEN: 1. JAVAREGOWDA S/O LATE BOREGOWDA, AGED ABOUT 56 YEARS, R/O KEREKODI VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. 2. PRASANNA K J S/O JAVAREGOWDA, AGED ABOUT 36 YEARS, R/O KEREKODI VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. 3. NAGESHA K J S/O JAVAREGOWDA, AGED ABOUT 32 YEARS, R/O KEREKODI VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT …APPELLANTS (BY SRI. SHRIPAD V SHASTRI., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 AND: 1. K.R. RAVI S/O RAJAPPA, AGED ABOUT 45 YEARS, VIJAYAPURA FOREST, BHOVI COLONY, MALLIPATTANA HOBLI, ARAKALAGUD TALUK. 2. PREM KUMAR @ APPI S/O MALLAPPA AGED ABOUT 45 YEARS SHANIVARASANTHE ROAD, MALLIPATTANA, ARAKALAGUD TALUK. …RESPONDENTS (R1 & R2 ARE SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.08.2021 PASSED IN MVC NO. 713/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, ARAKALAGUD, 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.713/2020 dated 23.08.2021 by the Senior Civil Judge and Motor Accident Claims Tribunal, Arakalagud, the claimants are before this - 3 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 Court, seeking compensation of Rs. 22,60,000/- for the death of the deceased. 2. The Tribunal considering the income of the deceased at Rs.10,000/- per month had granted the compensation as per the table given below: Loss of dependency Rs. 7,26,000-00 Love & affection Rs. 30,000-00 Loss of consortium Rs. 10,000-00 Medical expenses Rs. - Miscellaneous expenses Rs. 10,000-00 Funeral expenses Rs. 15,000-00 Total Rs. 7,91,000-00 3. Respondent No.1 is the owner of the offending Tata Sumo vehicle and respondent No.2 is the driver. The Tribunal had fastened the liability on respondent No.1 since the said vehicle is not insured and the driver has been chargesheeted. Hence, the Tribunal has held that the owner of the vehicle is liable to pay the compensation. 4. The learned Counsel appearing for the appellants/claimants submits that the accident had taken place in the year 2020 and the Tribunal has taken Rs.10,000/- per - 4 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 month as income of the deceased. The Tribunal ought to have taken Rs.14,500/- p.m. as income. Further, it is submitted that both the driver and the owner of the vehicle are jointly and severally liable to pay the compensation. Under the conventional heads also, the amount that is awarded by the Tribunal is not reasonable. 5. Though notice is served on the respondents, no Vakalath is filed on their behalf. 6. Having heard the learned Counsel for the parties on either side, perused the material on record. The accident had occurred in the year 2020. Hence, taking the income at Rs.14,500/- p.m., considering the age of the deceased, future prospects at 10% would come to Rs.1,450/-, the income is Rs.15,950/- p.m. (Rs.14,500/- + Rs.1,450/-). There are three claimants and 1/3rd has to be deducted towards personal expenses of the deceased and it would come to Rs.5,316/- per month. Then the contribution to the family would come to Rs.10,634/- (Rs.15,950/- - Rs.5,316/-). Therefore, claimant is entitled for an amount of Rs.14,03,688/- under the head 'Loss of Dependency' (Rs.10,634/- x 12 x 11). Towards 'Loss - 5 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 of Consortium' this Court is granting an amount of Rs.1,32,000/- (Rs.44,000 x 3). Towards Funeral expenses this Court is granting an amount of Rs.36,000/-. This Court does not find any merit in granting compensation under the heads of Love and Affection and other Miscellaneous expenses. 7. 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 claimants are entitled for an amount of Rs.10,000/- towards 'legal expenses'. 8. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 7,26,000/- 14,03,688/- 2. Love & affection : Rs. 30,000/- 00/- 3. Loss of consortium : Rs. 10,000/- 1,32,000/- 4. Medical Expenses : Rs. 00/- 00/- 5. Miscellaneous Expenses : Rs. 10,000/- 00/- 6. Funeral expenses : Rs. 15,000/- 36,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 7. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 7,91,000 15,81,688 Enhancement : Rs. 7,90,688/- 9. Altogether, the claimants are entitled for an amount of Rs.15,81,688/-. 10. Accordingly, the Appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,91,000/- to Rs.15,81,688/-. i) Respondents No.1 and 2 are jointly and severally liable to pay the compensation. ii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii) The respondent i.e the Insurance Company shall deposit the amount within a period of 8 weeks. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security. iv) The apportionment of the amount shall be as per the order passed by the Tribunal. - 7 - HC-KAR NC: 2025:KHC:45119 MFA No. 505 of 2024 v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi) On 24.09.2025, the delay of 597 days was condoned by this Court, on the condition that the claimants will not be entitled for the interest, in case they are successful in the appeal. Hence, Insurance company is not liable to pay the interest for the delayed period of 597 days in filing the appeal. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE JT/- CT:JL