- 1 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 698 OF 2023 (MV-D) BETWEEN: 1. SMT. VENKATALAKSHMAMMA W/O LATE SRINIVAS @ SEENAPPA AGED ABOUT 56 YEARS. 2. GAYATHRI S D/O LATE SRINIVAS @ SEENAPPA AGED ABOUT 29 YEARS 3. KESHAVA MURTHY S S/O LATE SRINIVAS ALIAS SEENAPPA AGED ABOUT 27 YEARS ALL ARE R/AT No.43 AGALAGURAKI VILLAGE & POST NANDI HOBLI CHIKKABALLAPUR TALUK & DISTRICT – 562 101. …APPELLANTS (BY SRI VASANTHAPPA, ADVOCATE) AND: 1. SRI GAJENDRA S/O NARASIMHAPPA AGED MAJOR No.1073, WARD No.28, CHIKKABALLAPURA TOWN – 562 101. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 2. IFFCO TOKIO GEN. INS. CO LTD., SRI SHANTHI TOWERS 5TH FLOOR, No.141, 3RD MAIN EAST TO NGEF LAYOUT KASTURINAGAR BENGALURU – 560 043. BY ITS MANAGER. 3. JAWAHAR L S/O LOGANATHAN DOOR No.20, KUNJUMARIAMMAN KOIL STREET, OLAGADAM P O BHAVANI TAL, ERODE DISTRICT TAMIL NADU – 638 314. 4. NEW INDIA ASSURANCE CO LTD., 2ND FLOOR, MAHALAKSHMI CHAMBERS M G ROAD, BENGALURU – 560 001. BY ITS MANAGER. …RESPONDENTS (BY SRI B C SEETHARAMA RAO, ADVOCATE FOR R2 SRI S V HEGDE MULKHAND, ADVOCATE FOR R4 R3 SERVED –UNREPRESENTED V/O DTD. 12.12.2024 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:01.09.2022 PASSED IN MVC No.6549/2017 ON THE FILE OF THE MACT, BENGALURU CITY, (SCCH-17), PARTLY 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 ORAL JUDGMENT This appeal is filed by claimants seeking enhancement of compensation awarded in the judgment and award dated 01.09.2022 passed in MVC No.6549/2017 by XIX Additional Judge, Court of Small Causes and MACT, Bengaluru. 2. Even though the appeal is listed today for admission, with consent of both counsels taken up for disposal. 3. Claimants have made a claim petition seeking the award of compensation for the death of one Sri Srinivas @ Seenappa in a road traffic accident which took place on 12.05.2016 and contended that accident took place due to the rash and negligent driving of lorry drivers bearing Nos.TN-36/AU-0882 and KA-40/7949. The tribunal has recorded evidence and awarded the compensation under different heads as under: 1 Loss of dependency Rs.8,36,000/- 2 Loss of future prospects Rs.83,600/- 3 Loss of consortium Rs.40,000/- 4 Loss of love and affection Rs.25,000/- - 4 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 5 Funeral expenses Rs.15,000/- 6 Transport of dead body Rs.5,000/- Total Rs.10,04,600/- 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till reliasation and held that respondent Nos.2 and 4 are liable to pay 50% each of compensation to claimants. Claimants have filed this appeal seeking enhancement of compensation. 5. Heard learned counsel for appellants and learned counsel for respondent Nos.2 and 4. 6. Learned counsel for appellants would contend that the income taken by the Tribunal at Rs.9,500/- is on lower side as the deceased was working as Cleaner and it ought to have taken higher income. He further submits that there are three claimants one is wife and two are children of the deceased and consortium awarded is on lower side. The Tribunal has not awarded loss of estate. - 5 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 7. Learned counsels for respondent Nos.2 and 4 both submits that the Tribunal has awarded just and fair compensation under all heads. 8. Having heard learned counsels, the Court has perused impugned judgment and award. 9. The claimants have not established the income of the deceased and therefore, the Tribunal has taken notional income of Rs.9,500/- per month as per chart prepared by State Legal Services Authority for settlement of disputes in Lok-Adalath. There is no evidence on record to take higher income of the deceased. 10. The Tribunal has also taken into consideration 10% of future prospects, rightly deducted 1/3rd towards personal expenses and rightly applied multiplier 11. There are three claimants who are wife and two children are entitled to consortium in a sum of Rs.40,000/- each. The Tribunal has awarded only Rs.40,000/- towards loss of consortium. The Tribunal has also awarded loss of love and affection in a sum of Rs.25,000/-. Claimants are three - 6 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 persons, they are entitled to consortium of Rs.40,000/- each i.e., Rs.1,20,000/- (Rs.40,000/- x 3). As consortium is awarded to each of the claimants, they are not entitled for loss of love and affection separately. Therefore, claimants are not entitled to loss of love and affection in a sum of Rs.25,000/- awarded by the Tribunal. 11. The Tribunal has not awarded loss of estate and therefore, claimants are entitled to loss of the estate in a sum of Rs.15,000/-. Considering above aspects, claimants are entitled to enhanced compensation of Rs.70,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 12. In the result, the following ORDER i) The appeal is allowed in part. ii) The claimants are entitled to enhanced compensation of Rs.70,000/- with interest at the rate of 6% per annum. - 7 - HC-KAR NC: 2026:KHC:28168 MFA No. 698 of 2023 iii) Respondent Nos.2 and 4 shall deposit 50% each of enhanced compensation of Rs.70,000/- within 06 weeks from this day, failing which they are entitled to pay interest at the rate of 9% from this day till payment of compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 38