- 1 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 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. 3287 OF 2024 (MV-D) BETWEEN: 1. SMT.MANGALA W/O. SHRI. PUTTEGOWDA, AGED ABOUT 43 YEARS 2. SHRI. PUTTEGOWDA S/O. LATE CHIKKEGOWDA, AGED ABOUT 47 YEARS, 3. SHRI. RAJESH K.P., S/O. SHRI. PUTTEGOWDA, AGED ABOUT 22 YEARS, ALL ARE RESIDING AT NO. 131, HEMMANAHALLI, MARAKANAHALLI, MANDYA TALUK, MANDYA DISTRICT-571 426. …APPELLANTS (BY SRI. SHANKAR PRASAD M.B., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 of 2024 AND: 1. TATA AIG GENERAL INS. COM. LTD., 5TH FLOOR, WEST ENTRANCE, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001. 2. MR. NAGARAJAN. M S/O. MURUGAM. S. M., NO.13, 1ST CROSS, GOWTHAMANAGARA, SHRIRAMAPURA, BANGALORE-560 021. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 SRI.H.V.SHYAMEGOWDA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2024 PASSED IN MVC NO.1729/2022 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 of 2024 ORAL JUDGMENT Aggrieved by the award passed MVC.No.1729/2022 dated 17.01.2024 by the XXIII Addl. Small Causes Judge, Bengaluru, the claimants are before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs. 50,00,000/- for the death of the deceased in the road traffic accident. On 02.02.2022 at about 9.45 a.m. the deceased being a pedestrian was crossing the road in front of Sanman Hotel very carefully, cautiously observing the traffic rules and regulations. At that moment, all of a sudden one Bolero Maxitruck driven by its driver in a rash and negligent manner, dashed against the deceased. Due to the impact he sustained injuries and he was shifted to NIMHANS hospital for treatment and he died on 21.02.2022. 3. The tribunal has awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 22,68,600/- 2. Loss of estate : Rs. 20,000/- - 4 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 of 2024 3. Loss of consortium : Rs. 1,20,000/- 4. Funeral expenses : Rs. 20,000/- 5. Medical expenses : Rs. 9,891/- TOTAL : Rs. 24,37,891/- rounded up to Rs.24,38,000/- 4. Learned counsel appearing for the appellant/claimants submits that this accident had taken place in the year 2022, but the Tribunal has taken Rs.15,000/- as income and granted the compensation. Even under the other heads also the amount that is awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for the respondent/ insurance company submits that the Tribunal had granted reasonable compensation and no enhancement is called for. 6. Having heard the learned counsel on either side, perused the entire material on record. There is no dispute about the fact that the accident had taken place in the year 2022. Hence this court is taking the income at Rs.15,500/- and 40% future prospects comes to Rs.6,200/- the income is Rs.21,700/-. As he is a bachelor, 50% has to deducted towards his personal expenditure. Then his contribution to the family will be Rs.10,850/-. Then towards loss of dependency, - 5 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 of 2024 this court is granting an amount of Rs.23,43,600/- (Rs.10,850/-x12x18=Rs.23,43,600/-) As there are three dependants, under the head of loss of consortium, this court is granting an amount of Rs.1,32,000/- (Rs.44,000/- x3=Rs.1,32,000/-) Towards funeral expenses this court is granting an amount of Rs.36,000/-. Towards medical expenses Tribunal has rightly awarded an amount of Rs.9,891/-. 7. In the light of the law laid down by the Hon’ble Apex Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 8. The claimant’s are entitled to the compensation for an amount of Rs.25,31,491/- under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 22,68,000/- 23,43,600/- 2. Loss of Consortium Rs. 1,20,000/- 1,32,000/- 3. Funeral Expenses Rs. 20,000/- 36,000/- 4. Loss of estate Rs. 20,000/- 00/- - 6 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 of 2024 5. Medical Expenses Rs. 9,891/- 9,891/- 6. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 24,37,891/- rounded up to Rs.24,38,000/- 25,31,491/- i. Accordingly, the appeal filed by the claimant’s is Partly Allowed by enhancing the compensation from an amount of Rs.24,38,000/- to Rs.25,31,491/- ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. 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 amount as per the award. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy - 7 - HC-KAR NC: 2025:KHC:46102 MFA No. 3287 of 2024 of the 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.: 12 Sl No.: 62