- 1 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1727 OF 2021 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1188 OF 2022 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1627 OF 2022 (MV-I) IN MFA No. 1727/2021 BETWEEN: 1. SMT SHAKUNTALA W/O ANJINAPPA AGED ABOUT 27 YEARS RESIDINT AT GOWRNICHERUVAPALLI PEDDUR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 2. KUM SHRAVANTHI C.A. D/O ANJINAPPA AGED ABOUT 08 YEARS MINOR REP THROUGH THEIR NATURAL GUARDIAN MOTHER SMT. SHAKUNTALAL 1ST RESPONDENT RESIDINT AT GOWRNICHERUVAPALLI PEDDUR CHINTAMANI TALUK Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 3. KUM AVANTHIKA C.A. D/O ANJINAPPA AGED ABOUT 06 YEARS MINOR REP THROUGH THEIR NATURAL GUARDIAN MOTHER SMT. SHAKUNTALAL 1ST RESPONDENT RESIDINT AT GOWRNICHERUVAPALLI PEDDUR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 4. KUM MANUSHRI C.A. D/O ANJINAPPA AGED ABOUT 05 YEARS MINOR REP THROUGH THEIR NATURAL GUARDIAN MOTHER SMT. SHAKUNTALAL 1ST RESPONDENT RESIDINT AT GOWRNICHERUVAPALLI PEDDUR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 5. MASTER GOWTHAM C.A. S/O ANJINAPPA - 3 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 AGED ABOUT 03 YEARS MINOR REP THROUGH THEIR NATURAL GUARDIAN MOTHER SMT. SHAKUNTALAL 1ST RESPONDENT RESIDINT AT GOWRNICHERUVAPALLI PEDDUR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 6. SMT SOWMYA G.N. W/O ANJINAPPA D/O NARAYANASWAMY G.V. AGED ABOUT 22 YEARS MINOR REP THROUGH THEIR NATURAL GUARDIAN MOTHER SMT. SHAKUNTALAL 1ST RESPONDENT RESIDINT AT GOWRNICHERUVAPALLI PEDDUR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 7. MASTER ARUN KUMAR C.A. S/O ANJINAPPA AGED ABOUT 02 YEARS APPELLANT NO.7 IS MINOR REP. THROUGH THEIR NATURAL GUARDIAN MOTHER SMT. SOWMYA 6TH APPELLANT RESIDINT AT GOWRNICHERUVAPALLI - 4 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 PEDDUR CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 102 AND ALSO RESIDING AT CHIKKADSARAHALLI MALAMACHANAHALLI CHICKBALLAPURA DISTRICT - 562 102 8. SRI SRIRAMAPPA S/O MUNIKADIRAPPA AGED ABOUT 57 YEARS ALL ARE REISING AT GOWNICHERUVAPALLI PDDUR CHINTAMNAI TALUK CHIKKABALLAPURA DISTRIC T- 562 102 AND ALSO RESIDING AT CHIKKADASRAHALLI MALAMACHANAHALLI CHIKKABALLAPURA DISTRICT - 562 102 …APPELLANTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO. LTD MOTOR CLAIMS HUB NO.18 6TH FLOOR NEAR KRUSHI BHAVAN HUDSON CIRCLE BENGALURU - 560 001 2. M/S SLV TOURS AND TRAVELS NO.21, 1ST CROSS VENKATAPURA P.G. HALLI BENGALURU - 560 003 …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R1 R2- SERVED AND UNREPRESENTED) - 5 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2020 PASSED IN MVC NO.4207/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO HALL UNIT, SCCH- 19, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1188/2022 BETWEEN: KUM.SHRAVANTHI C.A., D/O ANJINAKPPA C S @ C S ANJINAPPA, AGED ABOUT 08 YEARS, R/AT CHIKKADASARAHALLI, MALAMACHANAHALLI, CHICKBALLAPURA DISTRICT- 562 102 APPELLANTS BEING MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.SHAKUNTAHALA G.N., ...APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO. LTD MOTOR CLAIMS HUB, NO 18, 6TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU- 560 001 2. M/S SLV TOURS AND TRAVELS NO.21, 1ST CROSS, VENKATAPURA, P G HALLI, BENGALURU -560 003 ...RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R1 R2- SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2020 PASSED IN MVC NO. 4208/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M, MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR - 6 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1627/2022 BETWEEN: SMT V RAVANAMMA W/O NARAYANASWAMY, AGED ABOUT 36 YEARS, RESIDING AT KORAKONAHALLI PEDDUR, CHINTAMANI, CHICKBALLAPURA DISTRICT- 563 146 ...APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO. LTD., MOTOR CLAIMS HUB, NO 18, 6TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU -560 001 2. M/S SLV TOURS AND TRAVELS NO 21, 1ST CROSS, VENKATAPURA P G HALLI, NO 21, 1ST CROSS VENKATAPURA, P G HALLI, BENGALURU -560 003 ...RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R1 R2- SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.02.2020 PASSED IN MVC NO.4210/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 7 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.Nos.4207/2019, 4208/2019 and 4210/2019 dated 03.02.2020 by XV Addl. Small Causes Judge and XXIII A.C.M.C., Member, MACT, Bengaluru, the claimants in MVC.Nos.4207/2019, 4208/2019 and 4210/2019 are before this Court seeking enhancement of the compensation. 2. By way of a common judgment dated 03.02.2020 by the XV Addl. Small Causes Judge and XXIII ACMM, Member, MACT, Bengaluru had disposed of the three MVC petitions. Hence, this Court is also passing a common order. 3. The facts of the case are that on 20.05.2019 at about 3.45 am., when the husband of the deceased in MVC.No.4207/2019 along with other claimants in MVC.No.4208/2019 to 4210/2019 were travelling in a car on Chintamani-Hoskote road, when reached near Karappana Halli Gate, the driver of the said car drove the same in a rash and negligent manner, with high speed and dashed to the unknown vehicle. As a result of forced impact the deceased fell down and sustained grievous injuries and died on the spot. - 8 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 MFA.No.1727/2021 ARISING OUT OF MVC.No.4207/2019 4. The claim petition is filed seeking compensation of an amount of Rs.40,00,000/-, but the Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded by Tribunal 1. Loss of dependency : Rs. 19,87,200/- 2. Loss of Consortium : Rs. 40,000/- 3. Towards loss of Filial Consortium : Rs. 3,20,000/- 4. Towards funeral and obsequies ceremonies : Rs. 15,000/- 5. Towards loss of estate : Rs. 15,000/- TOTAL : Rs. 23,77,200/- 5. Learned counsel appearing for the appellants/ claimants submits that the Tribunal had considered the income at Rs.9,000/- per month, as this accident had taken place in the year 2019 the income ought to have been taken at Rs.14,000/- per month. It is submitted that on all counts the compensation that is awarded by the Tribunal is not a just and reasonable compensation and the compensation needs to be enhanced. - 9 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 6. Learned counsel appearing for the respondent No.1/ Insurance Company submits that the Tribunal had rightly considered and rightly granted the compensation and there are no grounds to interfere with the same. 7. Having heard the learned counsels on either side, perused the material on record. The accident had taken place in the year 2019. The notional income ought to have been taken at Rs.14,000/- per month. If the income is taken at Rs.14,000/- per month, considering the age of the deceased i.e., 32 years, future prospects at 40% will come to an amount of Rs.5,600/- i.e., income is Rs.19,600/- per month. As there are 7 dependents, 1/5th has to be deducted towards the personal expenses which comes to an amount of Rs.3,920/-. Then the contribution to the family would be an amount of Rs.15,680/-. Hence, this Court is granting an amount of (15,680X12X16) Rs.30,10,560/- towards loss of dependency. Towards loss of consortium this Court is granting an amount of (7X44,000) Rs.3,08,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. - 10 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 8. 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. SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 19,87,200/- 30,10,560/- 2. Loss of Consortium : Rs. 40,000/- 3,08,000/- 3. Towards loss of Filial Consortium : Rs. 3,20,000/- 00/- 4. Towards funeral and obsequies ceremonies : Rs. 15,000/- 36,000/- 5. Towards loss of estate : Rs. 15,000/- 00/- 6. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 23,77,200/- 33,64,560/- Enhanced amount : Rs. 9,87,360/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.33,64,560/-. 10. Accordingly, MFA.No.1727/2021 filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.23,77,200/- to Rs.33,64,560/-. 1 (2014) 11 SCC 178 - 11 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 MFA.No.1188/2022 ARISING OUT OF MVC.No.4208/2019 11. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant. 12. It is the case of the claimant that immediately after the accident, he was shifted to MVJ Hospital, Hoskote and admitted as inpatient and underwent surgery. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded by Tribunal 1. Pain and suffering : Rs. 30,000/- 2. Medical expenses : Rs. 1,000/- 3. Transportation, nourishment, conveyance and attendant charges : Rs. 1,000/- 4. Towards loss of amenities of life : Rs. 10,000/- TOTAL : Rs. 42,000/- 13. Learned counsel appearing for the claimant submits that the claimant had sustained a fracture injury, but the Tribunal had granted only an amount of Rs.30,000/- towards - 12 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 pain and suffering. Even under all other heads also, the amount that is awarded by the Tribunal is not a just and reasonable compensation. 14. Learned counsel appearing for respondent No.1/ Insurance Company submits that on all the heads, the compensation that is awarded is on the higher side and no enhancement is called for. 15. Having heard the learned counsels on either side, perused the material on record. This Court has perused the award passed by the Tribunal. As per the table, under the head of pain and suffering, the Tribunal had granted an amount of Rs.30,000/-. As the claimant had sustained a fracture injury, this Court is inclined to grant another Rs.10,000/- i.e., towards loss of pain and suffering this Court is granting an amount of Rs.40,000/-. Then on all other counts, the Tribunal had granted reasonable compensation and this Court is not interfering with the same. 16. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M.Malathi and - 13 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 30,000/- 40,000/- 2. Medical expenses : Rs. 1,000/- 1,000/- 3. Transportation, nourishment, conveyance and attendant charges : Rs. 1,000/- 1,000/- 4. Towards loss of amenities of life : Rs. 10,000/- 10,000/- 5. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 42,000/- 62,000/- Enhanced amount : Rs. 20,000/- 17. Altogether, the claimant is entitled for compensation of an amount Rs.62,000/-. 18. Accordingly, MFA.No.1188/2022 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.42,000/- to Rs.62,000/-. 2 (2014) 11 SCC 178 - 14 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 MFA.No.1627/2022 arising out of MVC.No.4210/2019 19. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant. 20. It is the case of the claimant that immediately after the accident, the claimant was shifted to MVJ Hospital, Hoskote for first aid, then shifted to MTB Orthopaedic & Trauma Hospital, wherein she was admitted as inpatient and underwent surgery. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded by Tribunal 1. Pain and suffering : Rs. 50,000/- 2. Medical expenses : Rs. 1,62,349/- 3. Transportation, nourishment, conveyance and attendant charges : Rs. 5,000/- 4. Towards loss of future income due to permanent disability : Rs. 10,000/- 5. Towards future medical expenses : Rs. 20,000/- 6. Towards loss of amenities of life : Rs. 20,000/- TOTAL : Rs. 4,18,629/- - 15 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 21. Learned counsel appearing for the claimant submits that when the doctor had opined that the whole body disability is at 16%, the Tribunal without any basis had taken the disability at 12%. Further, the income is taken at Rs.9,000/- per month. It is submitted that no amount is granted under the head of loss of income during the laid up period. It is further submitted that the claimant was in hospital for 8 days, the Tribunal had granted an amount of Rs.5,000/- towards transportation, nourishment, conveyance and attendant charges which is on the lower side. Even under the head of future medical expenses and loss of amenities, the amount that is awarded by the Tribunal is not a just and reasonable compensation. 22. Learned counsel appearing for respondent No.1/ Insurance Company submits that on all the heads, the compensation that is awarded by the Tribunal is on the higher side and no interference is called for. 23. Having heard the learned counsels on either side, perused the material on record. This Court had perused the award passed by the Tribunal. Under the head of pain and - 16 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 suffering, the Tribunal had awarded a just and reasonable amount and no interference is called for. Even under the head of medical expenses, basing on the evidence the Tribunal had granted a reasonable amount and no interference is called for. Under the head of transportation, nourishment and attendant charges this Court is granting an amount of Rs.8,000/-. Under the head of future medical expenses also, considering the evidence of the doctor, this Court is granting an amount of Rs.30,000/-. Towards loss of amenities this Court is granting an amount of Rs.25,000/-. As this accident had taken place in the year 2019, this Court is granting an amount of (14,000X3)=Rs.42,000/- towards loss of income during the laid up period. Coming to the loss of future income, the doctor had opined that the disability is at 16%, the Tribunal without any basis had taken the disability at 12%. Hence, this Court is taking the disability at 16%. Hence, towards loss of future income this Court is granting an amount of (14000X12X16X16/100)=Rs.4,30,080/-. 24. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M.Malathi and - 17 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 Another3, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 50,000/- 50,000/- 2. Medical expenses : Rs. 1,62,349/- 1,62,349/- 3. Transportation, nourishment, conveyance and attendant charges : Rs. 5,000/- 8,000/- 4. Towards loss of future income due to permanent disability : Rs. *1,61,280/- 4,30,080/- 5. Towards future medical expenses : Rs. 20,000/- 30,000/- 6. Towards loss of amenities of life : Rs. 20,000/- 25,000/- 7. Loss of income during laid up period : Rs. 00/- 42,000/- 8. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,18,629/- 7,57,429/- Enhanced amount : Rs. 3,38,800/- 25. Altogether, the claimant is entitled for compensation of an amount Rs.7,57,429/-. 26. Accordingly, MFA.No.1627/2022 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,18,629/- to Rs.7,57,429/-. 3 (2014) 11 SCC 178 * Corrected vide chamber order dated: 07/11/2025. - 18 - HC-KAR NC: 2025:KHC:36703 MFA No. 1727 of 2021 C/W MFA No. 1188 of 2022 MFA No. 1627 of 2022 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 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. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 22