- 1 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 6634 OF 2017 (MV-D) BETWEEN: 1. GEETHAMMA W/O SIDDAIAH @ SIDDAPPA, AGED ABOUT 46 YEARS. 2. SIDDAIAH @ SIDDAPPA S/O DASSAPPA, AGED ABOUT 51 YEARS BOTH ARE RESIDING AT BEVINAHALLI VILLAGE, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT. PRESENTLY RESIDING AT C/O RAMEGOWDA, 11TH CROSS ROAD, KUVEMPUNAGAR, HASSAN TALUK-573 201 HASSAN DISTRICT. …APPELLANTS (BY SRI. VIJAY SINGH M., ADVOCATE) AND: 1. A.V. HARISHA S/O VENKATEGOWDA, MAJOR, NOOTHANA TRADERS, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 CEMENT DEALERS, H.I.G. 1, GOPALA SHIVAMOGA-577 205. 2. THE MANAGER NATIONAL INSURANCE COMPANY LTD. 1ST FLOOR, S.S.COMPLEX, B.H.ROAD, HARSHA MELI, SHIVAMOGA-577 205. PRESENTLY REPRESENTED BY: THE MANAGER NATIONAL INSURANCE COMPANY LTD., OLD BUS STAND ROAD, HASSAN-573 201. …RESPONDENTS (BY SRI. NIKHIL J., ADVOCATE FOR SMT. GEETHA RAJ, ADVOCATE FOR R-2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.479 OF 2016 ON THE FILE OF THE HONBLE ADDL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T AT HASSAN AND MODIFY AND ENHANCE THE COMPENSATION AWARDED IN JUDGMENT AND AWARD DATED 03-02-2017 PASSED IN M.V.C.NO.479 OF 2016 BY HONBLE ADDL. SENIOR CIVIL JUDGE AND M.A.C.T. AT HASSAN AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 ORAL JUDGMENT This appeal is by the claimants/appellants seeking for enhancement of compensation arising out of judgment and award dated 03.02.2017 in MVC No.479/2016 passed by the Additional Senior Civil Judge and Additional MACT, Hassan, (‘Tribunal’, for short) whereby, the Tribunal partly allowing the claim petition awarded compensation of Rs.10,02,001/- with interest at the rate of 8% per annum in respect of death of Shivarajkumar, son of appellants. 2. The date of accident, involvement of the vehicle, death of Shivarajkumar and the liability to pay the compensation are not in dispute. The only dispute in this appeal is inadequate compensation awarded by the Tribunal. 3. Learned counsel for the appellant and respondent No.2 have jointly filed a memo of calculation dated 17.11.2025. 4. Memo of calculation is taken on record. - 4 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 5. In terms of memo, following compensation is awarded:- The accident has taken place in the year 2015 and as per the chart prepared by the Karnataka State Legal Services Authority, income of the deceased is taken at Rs.9,000/- per month. As the deceased was aged 25 years as on the date of accident, 40% has to be added to the income of the deceased towards future prospects. The multiplier applicable is ‘18’. Since the deceased was a bachelor at the time of accident, 50% of his income has to be deducted towards personal expenses. Accordingly, on re-determination of the ‘loss of dependency’, the same works out to be: 9,000 + 40% x 12 x 18 x 50% = Rs.13,60,800/- 6. The Tribunal has awarded compensation of Rs.60,000/- towards ‘loss of consortium’ to the appellants. Hence, a sum of Rs.40,000/- each is awarded. Therefore, - 5 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 the appellants/claimants are entitled for a sum of Rs.80,000/- (Rs.40,000 x 2). 7. The Tribunal has awarded compensation of Rs.2,10,001/- towards ‘medical expenses’ based on the medical bills. Hence, the same is kept intact. 8. The Tribunal has awarded a sum of Rs.30,000/- towards ‘transportation of dead body and obsequies ceremony’, which is just and proper and the same is kept intact. 9. In summary, the total compensation re- determined by this Court under various heads are as follows: 1. Loss of Dependency : Rs. 13,60,800/- 2. Loss of consortium : Rs. 80,000/- 3. Medical expenses : Rs. 2,10,001/- 4. Transportation of dead body & obsequies ceremony : Rs. 30,000/- TOTAL : Rs. 16,80,801/- - 6 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 10. The total compensation re-determined by this Court works out to Rs.16,80,801/- as against Rs.10,02,001/- awarded by the Tribunal. The appellants – claimants are entitled for total compensation of Rs.Rs.16,80,801 along with interest at the rate of 6% per annum on the enhanced compensation from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 – Insurance Company is directed to deposit the compensation amount within eight weeks from the date of filing of the petition till realization. 11. Accordingly, for the foregoing reasons, I proceed to pass the following: ORDER i) The appeal is disposed of; ii) The judgment and award passed by the Tribunal in MVC.No.479/2016, dated 03.02.2017, passed by the Additional Senior - 7 - HC-KAR NC: 2025:KHC:46944 MFA No. 6634 of 2017 Civil Judge & Additional MACT, Hassan is modified; iii) The appellants – claimants are entitled for total compensation of Rs.16,80,801/- along with interest at the rate of 6% per annum on the enhanced compensation from the date of filing of the petition till realization; iv) The appellants/claimants are not entitled for interest for the delay period of 110 days in filing the appeal. v) The compensation amount along with accrued interest if any, shall be deposited by the respondent No.2 – Insurance Company, within eight weeks from the date of filing of the petition till realization; vi) Apportionment and disbursement of the compensation amount shall be as per the impugned order of the Tribunal. vii) No order as to costs. Sd/- (DR.K.MANMADHA RAO) JUDGE MH/- List No.: 1 Sl No.: 4