- 1 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3412 OF 2023 (MV-D) BETWEEN: 1. VENNILA NAGARAJ N. W/O. LATE NAGARAJ R. @ NAGARAJAN, NOW AGED ABOUT 60 YEARS, 2. PRABAKARAN S/O. LATE NAGARAJ R. @ NAGARAJAN, NOW AGED ABOUT 35 YEARS, 3. CHINNAPAPPA RAMAN W/O. RAMAN, NOW AGED ABOUT 80 YEARS, ALL ARE RESIDING AT JAYAM ENGINEERING COLLEGE, CHINNAKANAHALLI, ERRABAIYANA HALLI, DHARMAPURI, TAMIL NADU - 636 701. …APPELLANTS (BY SRI. GOPALA KRISHNA N., ADVOCATE FOR SMT. SUSHMITHA G., ADVOCATE) AND: 1. M/S TRANSPORT CORPORATION OF INDIA LTD., NO.57/58, 2ND CROSS, KALASIPALYAM NEW EXTN., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 BENGALURU - 560 002. REP. BY ITS MANAGER. 2. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 144, 2ND FLOOR, SUBBARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001. REP. BY ITS MANAGER. 3. SMT. TAMIL SELVI N. W/O.MANOHARAN R., NOW AGED ABOUT 38 YEARS, NO.40, 3, 2, 3RD FLOOR, ANANTHA REDDY LAYOUT, ELECTRONIC CITY PHASE-2, BENGALURU - 560 100. AND ALSO AT: NO.52, SOUNDARYA BUILDING, 2ND MAIN ROAD, VINAYAK LAYOUT, SHANTHI PURA ROAD, ELECTRONIC CITY PHASE-2, BENGALURU - 560 100. …RESPONDENTS (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE FOR R2; VIDE ORDER DATED 06.10.2023, NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2022 PASSED IN MVC NO.3331/2019 ON THE FILE OF THE IV ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, SCCH-6, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 01.07.2022 passed in MVC No.3331/2019 by IV Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-6). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellants and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellants/claimants made a claim petition seeking for award of compensation for the death of Nagaraj R. @ Nagarajan in a road traffic accident occurred on 17.05.2019 contending that the accident occurred due - 4 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 to rash and negligent driving by the driver of Container Lorry bearing registration No.KA-42-5964. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of dependency Rs. 5,04,000/- 2. Funeral & transportation expenditure Rs. 25,000/- 3. Loss of love and affection (Rs.50,000/- each) Rs. 1,50,000/- 4. Loss of estate Rs. 50,000/- Total Rs. 7,29,000/- 5. The Tribunal held that the deceased was also contributed to the negligence to the extent of 50% and therefore, the Tribunal awarded 50% of the total compensation i.e., Rs.3,64,500/-. 6. The Tribunal also awarded the interest at the rate of 6% per annum from the date of petition till - 5 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 realization and directed respondent No.2/insurer to deposit the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation. 7. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer. 8. Learned counsel for the appellants would contend that, there is calculation error in calculating loss of dependency wherein 2/3rd of the income has been deducted for personal expenses instead of 1/3rd. The Tribunal has not taken into consideration future prospects and considering the age of deceased, future prospects are to be taken into consideration. The Tribunal has rightly applied multiplier '9'. The Tribunal has rightly taken the income of the deceased at Rs.14,000/- per month. With these, he prayed to allow the appeal. 9. Learned counsel for respondent No.2/insurer submits that, there is a calculation error as submitted by - 6 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 the learned counsel for appellants. He further submits that, the compensation awarded for love and affection, funeral expenses and loss of estate are on higher side. The Tribunal has rightly held that the deceased has contributed to the accident to the extent of 50% and therefore, the insurer is liable to pay 50% of the award amount. With these, he prayed for dismissal of the appeal. 10. Having heard both the learned counsel for appellants and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award. 11. The accident occurred on 17.05.2019 and at that time of accident, the deceased was aged sixty (60) years. The Tribunal has rightly taken the income of the deceased at Rs.14,000/- and applied multiplier '9'. Even though, the Tribunal has observed that 1/3rd is to be deducted towards personal expenses of the deceased, but while calculating 2/3rd has been deducted. Considering the - 7 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 age of the deceased as sixty (60) years, future prospects at 10% to be taken which has not been considered by the Tribunal. In view of the above, loss of dependency is calculated as under: Rs.14,000 + 10% (1,400) + Rs.15,400 - 1/3rd = Rs.10,267 X 12 X 9 = Rs.11,08,836. 12. The claimants are wife, son and father of the deceased and they are entitled to consortium in a sum of Rs.40,000/- with 10% escalation which comes to Rs.1,32,000/- (Rs.44,000 X 3). 13. The Tribunal has awarded loss of love and affection in a sum of Rs.1,50,000/-. In view of award of consortium, the claimants are not entitled to loss of love and affection of Rs.1,50,000/- as awarded by the Tribunal. 14. The Tribunal has awarded funeral expenses and transportation of dead body at Rs.25,000/- and loss of estate at Rs.15,000/-. The claimants are entitled to funeral - 8 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 expenses and transportation of dead body at Rs.16,500/- and loss of estate at Rs.16,500/-. 15. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of dependency Rs. 11,08,836/- 2. Funeral & transportation expenditure Rs. 16,500/- 3. Loss of consortium Rs. 1,32,000/- 4. Loss of estate Rs. 16,500/- Total Rs. 12,73,836/- 16. The Tribunal has rightly held that there is contributory negligence on the part of the deceased to the extent of 50%. In view of the same, the claimants are entitled to the extent of 50% of the award amount from respondent No.2/insurer. The said 50% of the compensation is Rs.6,36,918/- (50% of Rs.12,73,836/-). The Tribunal has awarded Rs.3,64,500/-. - 9 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 17. Considering the same, the claimants are entitled to enhanced compensation of Rs.2,74,418/- (6,36,918 - 3,64,500) with interest at the rate of 6% per annum from the date of petition till realisation. 18. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 19. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.2,74,418/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. - 10 - HC-KAR CNR: KAHC010255582023 NC: 2026:KHC:38087 MFA No. 3412 of 2023 iv) The claimants are not entitled to interest for the delay period of 208 days in filing the appeal. v) Claimants Nos.2 and 3 are entitled to a sum of Rs.50,000/- each with interest. vi) Claimant No.1 is entitled to remaining amount of Rs.1,14,418/- with interest. vii) The claimants are entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 32