- 1 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4679 OF 2024 (MV-D) BETWEEN: 1. VIAJAYALAKSHMI W/O LATE MANOHAR @ PULIVARTHI MANOHAR AGED ABOUT 34 YEARS 2. PULIVARTHI MANI KAILASH S/O LATE MANOHAR @ PULIVARTHI MANOHAR AGED ABOUT 12 YEARS 3. PULIVARTHI KYATHI S/O LATE MANOHAR @ PULIVARTHI MANOHAR AGED ABOUT 10 YEARS 4. MALAKONDAIAH S/O KONDAIAH AGED ABOUT 54 YEARS 5. SUBBALAKSHMAMMA W/O MALAKONDAIAH AGED ABOUT 49 YEARS 6. VENKABABU S/O MALAKONDAIAH AGED ABOUT 26 YEARS ALL APPELLANTS ARE ARE RESIDING AT NO. 143, KALINGARAO ROAD, KUVEMPUNAGARA 2ND STAGE, BENGALURU NORTH JALAHALLI EAST , BENGALURU - 560 014 Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 (SINCE APPELLANTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN VIJAYALAKSHMI) …APPELLANTS (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. THE MANAGER LIBERTY GENERAL INS. CO., LTD., NO 01, ALYSSA 1ST FLOOR REAR POSITION OLD NO 28, NEW NO 23, RICHMOND ROAD, BENGALURU - 25 2. RAJIV KALYAN S/O PRAKASAM S S, MAJOR, R/AT NO 6/6, 4TH A MAIN, NEAR SBI BANK ATTUR ESCORTS LAYOUT ATTUR YELAHANKA BENGALURU - 560 064 …RESPONDENTS (BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R1 VIDE COURT ORDER DATED 15.09.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.03.2024 PASSED IN MVC NO.455/2023 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, BENGALURU, (SCCH-7), 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:36539 MFA No. 4679 of 2024 ORAL JUDGMENT Heard Sri. K.V.Naik learned counsel for the appellants as well as Sri. Ravi S Samprathi learned counsel for respondent No.1. At request of both the learned counsel the matter is taken up for final hearing and disposal. 2. Aggrieved by the sum that is awarded as compensation and projecting that the amount awarded is grossly low, the claimants in M.V.C. No.455/2023 that stood pending before the Additional Motor Accident Claims Tribunal, Bengaluru and was disposed of through order dated 06.03.2024 are before this Court seeking enhancement in compensation. 3. The wife, 2 minor children, father, stepmother and step brother of the deceased Manohar (hereinafter be referred to as 'deceased' for brevity) filed a petition claiming compensation of ₹50,00,000/- in total. The tribunal through the impugned order awarded a sum of - 4 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 ₹28,38,120/- as compensation. The version of the appellants is that they are entitled for a higher sum. 4. Sri. K.V.Naik representing the appellants submits that the appellants have no grievance in respect of any of the findings of the tribunal except in respect of making the deduction towards personal and living expenses. Learned counsel states that the wife, the children, the father, the stepmother and the step brother of the deceased were depending upon the earnings of the deceased and therefore they should be considered as the dependents. 5. On the other hand the submission that is made by Sri. Ravi S Samprathi learned counsel for respondent No.1 is that sufficient material was produced to show that the father, the stepmother and the step brother of the deceased were living separately and therefore the tribunal failed to consider them as the dependents of the deceased. Learned counsel contends that as the wife and two children were the only dependents hence the tribunal - 5 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 is right in deducting 1/3rd of the earnings of the deceased towards his personal and living expenses. 6. Though as rightly put forth by learned counsel for respondent No.1 the stepmother and the step brother cannot be treated to be the dependents of the deceased in the light of the fact that the father of the deceased is alive and that they are residing separately yet no evidence is produced to show that the father of the deceased that is claimant No.4 had his own source of earnings. Therefore, this Court is of the view that the father of the deceased can be considered to be the dependent of the deceased. 7. When father of the deceased is considered to be the dependent along with the wife and children of the deceased, the dependents being 4 in number, 1/4th of the earnings of the deceased are required to be deducted towards the personal and living expenses which the deceased would have incurred for himself had he been alive as per the decision of the Hon'ble Apex Court in - 6 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 Sarala Verma and others -vs- Delhi Transport Corporation and another. Therefore, without distributing other parameters that is adding 40% towards future prospects and applying appropriate multiplier 15 with notional income as ₹16,000/- per month, the compensation which the dependents are entitled to receive towards loss of dependency is as under:- Heads Amount in Rs. Notional income 16,000.00 Annual income 1,92,000.00 On adding 40% towards future prospects 2,68,800.00 On deducting 1/4th towards personal and living expenses 2,01,600.00 Loss of dependency, on applying appropriate multiplier 15 30,24,000.00 8. Thus, it is clear that the compensation which the appellants are entitled to receive under the head loss of dependency is ₹30,24,000/-. However, the tribunal awarded a sum of ₹26,88,120/- only under the said head. Therefore, the sum which the appellants are entitled to - 7 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 receive in addition to the sum that is awarded by the tribunal is ₹3,35,880/- (₹30,24,000 - ₹26,88,120). Thus, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C. No.455/2023 dated 06.03.2024 is enhanced by Rs.3,35,880/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. - 8 - HC-KAR NC: 2025:KHC:36539 MFA No. 4679 of 2024 v. Out of the compensation granted, appellant Nos.1 to 3 are entitled to a sum of Rs.50,000/- each. vi. Appellant No.4 is entitled to a sum of Rs.1,85,880/-. vii. On deposit, appellant Nos.1 and 4 are permitted to receive their respective shares. viii. The amount that falls to the share of appellant Nos.2 and 3 shall be kept in any interest yielding fixed deposit scheme of any nationalized bank until they attain the age of majority. ix. On they attaining the age of majority they are entitled to withdraw the deposited amount along with accrued interest. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 7