- 1 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4404 OF 2021 (MV-D) BETWEEN: 1. SMT PARVATHI G. K. W/O LATE SRINIVASAMURTHY AGED ABOUT 44 YEARS 2. CHARAN S S/O LATE SRINIVASAMURTHY AGED ABOUT 24 YEARS BOTH ARE RESIDING AT NO 10/20, 4TH MAIN, 8TH CROSS, NEAR YALLAMMA TEMPLE, SRINIVASA NAGAR, BSK 1ST STAGE, BANASHANKARI, BANGALORE, KARNATAKA-560050. …APPELLANTS (BY SRI. MAHADEVA SWAMY P., ADVOCATE) AND: 1. PARVATHI R. S. W/O H T KRISHNEGOWDA, NO.19, SRI LAKSHMI VENKATESHWARA NILAYA, FREEDOM FIGHTER NAGAR, BEHIND MOUNT SONARIA SCHOOL, LAGGERE, BENGALURU-560058. 2. THE MANAGER LIBERTY VIDEOCON GEN. INS. CO. LTD., NO.1, ALYSSA, 1ST FLOOR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 REAR PORTION, OLD NO.28, NEW NO.23, RICHMOND ROAD, BENGALURU-560025. …RESPONDENTS (V/O DATED: 11.09.2025, SMT. H.R. RENUKA, ADV. FOR SRI. B. PRADEEP, ADV. FOR R2, V/O DATED: 15.09.2025, NOTICE TO R1 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.07.2021 PASSED IN MVC NO. 6399/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL M.A.C.T., BENGALURU (SCCH-1), 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.6399/2018 dated 12.07.2021 by the Chief Judge, Court of Small Causes & Member Prl. Motor Accident Claims Tribunal, Bengaluru (for short ‘Tribunal’) whereby the Tribunal had granted the compensation of an amount of Rs.15,64,948/-, the appellants/claimants are before this Court seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 2. The claim petition is filed seeking an amount of Rs.50,00,000/- for the death of husband of claimant No.1 in the road traffic accident. 3. It is the case of the claimant No.1 - appellant No.1 that on 02.09.2018, at about 1.30 p.m., when Srinivasamurthy - husband of claimant No.1 was proceeding in his Honda Car along with other persons to Bengluru, near Bommanahalli Cross, a car came from opposite direction in high speed and in rash and negligent manner, towards extreme right side of the road and dashed against the Honda car, due to the said impact, the husband of the claimant No.1 sustained grievous injuries, on the way to the hospital, he succumbed to the injuries. 4. The Tribunal, basing on the evidence, had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Monthly Income future prospects at 15% : Rs. 12,500./- 14,375.00 1,875/- 14,375/- 2. Deduction of 1/3rd out of income of the deceased towards personal expenses of : Rs. 14,375 minus 4,792.00 9,583.00 - 4 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 the deceased 3. Annual Income (Monthly income multiplied by 12) : Rs. 9583.00 x 12 1,14,996.00 4. Compensation after multiplier 13 is applied : Rs. 1,14,996.00 x 13 = 14,94,948.00 5. Towards Loss of Estate : Rs. 15,000.00 6. Towards Funeral Expenses : Rs. 15,000.00 7. Towards Loss of Consortium to petitioner No.1 : Rs. 40,000.00 Total Rs. 15,64,948.00 5. Learned counsel appearing for the claimants submits that the deceased was a driver having a driving licence for the year 2000 and the accident had taken place in the year 2018. Even for a skilled labour, the Tribunal had taken `12,500/- as monthly income. It is submitted that as his age is 48 years, the Tribunal ought to have granted 25% towards future prospects but had granted only 15% towards future prospects. It is submitted that even under the other heads also the amount awarded by the Tribunal is on the lower side. 6. Learned counsel appearing for the respondent submits that the Tribunal had rightly considered and granted the - 5 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 compensation and there are no ground to interfere with the order passed by the Tribunal. 7. Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that the deceased was a driver by profession and having a driving licence right from the year 2000, this Court deems it appropriate to take the income of the deceased at Rs.15,000/- and considering his age of 48 years, the Tribunal had rightly applied the multiplier of ‘13’ and future prospects would come to an amount of Rs.3,750/- (25% of Rs.15,000/-) and as there are two dependents, 1/3rd has to be deducted towards the personal expenses i.e., Rs.6,250/-, then the contribution to the family would be an amount of Rs.12,500/- per month. Hence, loss of dependency would come to an amount of Rs.19,50,000/- (Rs.12,500 x 12 x 13). Towards loss of consortium, an amount of Rs.88,000/- (Rs.44,000x2) is granted. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 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 - 6 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 Another1, the claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Monthly Income future prospects at 15% : ` 12,500./- 14,375.00 1,875/- 14,375/- 15,000/- +25% = 18,750/- 2. Deduction of 1/3rd out of income of the deceased towards personal expenses of the deceased : ` 14,375 minus 4,792/- 9,583/- 18,750/- minus 6,250/- =12,500/- 3. Annual Income (Monthly income multiplied by 12) : ` 9,583/- x 12 1,14,996/- 12,500/- x 12 1,50,000/- 4. Compensation after multiplier 13 is applied : ` 1,14,996/- x 13 = 14,94,948/- 19,50,000/- 5. Towards Loss of Estate : ` 15,000/- 00 6. Towards Funeral Expenses : ` 15,000/- 36,000/- 7. Towards loss of : ` 40,000/- 88,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 consortium to petitioner No.1 (to both the claimants) 8. Legal expenses : ` 00 10,000/- Total 15,64,948/- 20,84,000/- 10. Altogether, the claimants are entitled for compensation of an amount of `20,84,000/-. 11. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of `15,64,948/- to `20,84,000/-. 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 respondent Nos.1 and 2 are jointly and severally liable to pay the compensation amount to the petitioners. The respondent No.2 - Insurer shall indemnify the respondent No.1. iv) Respondent No.2 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. - 8 - HC-KAR NC: 2025:KHC:36716 MFA No. 4404 of 2021 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 BS List No.: 1 Sl No.: 3