- 1 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4625 OF 2023 (MV-D) BETWEEN: 1. SRI. RAGHAVENDRA T.V S/O VENKATESHAPPA AGED ABOUT 50 YEARS. 2. SMT. SHANTHAMMA W/O RAGHAVENDRA AGED ABOUT 45 YEARS. BOTH ARE RESIDING AT THIMMASANDRA VILLAGE GOLLAHALLI, BANGARPET KOLAR DIST - 563 116. …APPELLANTS (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) AND: 1. M/S UNITED INDIA INS. CO. LTD., MOTOR CLAIMS HUB NEAR KRUSHI BHAVAN HUDSON CIRCLE BENGALURU 560 001 BY THE MANAGER. 2. SRI JAYARAM A S/O APPAYA GOWDA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 KEREKODI, BANGARPET KOLAR 563 114 …RESPONDENTS (BY SRI. B A RAMAKRISHNA.,ADVOCATE FOR R1, SRI JANARDHANA V, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2023 PASSED IN MVC NO.1719/2022 ON THE FILE OF THE XVII ADDITIONAL, JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-21), 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 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 27.01.2023 passed in MVC No.1719/2022 by the learned XVII Additional Judge, Court of Small Causes and Member M. A. C. T, Mayo Hall Unit, Bengaluru (SCCH-21). - 3 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 2. Even though this appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/Insurer. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Shashi Kumar T R, (son of claimants No.1 and 2). He died in a road traffic accident occurred on 24.02.2022 contending that the accident occurred due to the rash and negligent driving of the driver of the Tata Sumo bearing Registration No. KA-02-D-7013. The Tribunal, after recording the evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under various heads as under: Compensation Heads Amount Towards love of affection Rs. 30,000/- Towards funeral expenses & transportation charge Rs. 15,000/- Towards loss of dependency Rs.22,13,400/- Towards loss of estate Rs. 15,000/- Towards filial consortium Rs. 40,000/- Total Rs.23,13,400/- - 4 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation. The claimants seeking enhancement have filed the present appeal. 5. Heard the learned counsel for appellants and learned counsel for respondent No.1/Insurer. 6. The learned counsel for the appellants would contend that the deceased was running a mobile service business in the name and style `Venkateshwara Enterprises' and obtained registration certificate on 06.06.2019 and his bank accounts Exs.P15 and P16 with Bank of Baroda and Karnataka Bank statements show huge balance and transactions of debit and credit. Considering the same, the income of the deceased is to be taken higher than the notional income. The income tax returns filed for the assessment year 2019-20 has not been admitted in the evidence on the ground that it is a - 5 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 photocopy. In the said income tax returns, the income from business and profession has been shown as Rs.3,14,500/-. Considering the said documents, the higher income of the deceased is to be taken may be at Rs.25,000/- p.m. He further submits that the consortium awarded is only one claimant and love and affection is awarded a sum of Rs.30,000/-. The Tribunal has not taken into consideration escalation for conventional heads. With this, he prayed to allow the appeal and enhance the compensation. 7. The learned counsel for respondent No.1/Insurer would contend that the compensation awarded is just and proper and there are no grounds for enhancement of compensation awarded by the Tribunal. With this, he prayed for dismissal of the appeal. 8. Having heard the learned counsel, the Court has perused the judgment and award and trial court records. - 6 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 9. The accident occurred on 24.02.2022 and as on the date of accident, the deceased was aged 28 years. Ex.P13 is the pan card of deceased and Ex.P14 is the copy of the driving licence of the deceased to drive light motor vehicle and motorcycle with gear. 10. It is the case of the claimants that the deceased was running a mobile service business and getting income more than Rs.25,000/- p.m. The income tax returns filed for the assessment year 2019-20 has not been marked on the ground that it is a photocopy. In the said income tax returns, the income from the business and profession is shown as Rs.3,14,500/-. Exs.P15 and P16 are bank account statements of the deceased with Bank of Baroda and Karnataka Bank. The said bank statements show the balance in the account of the deceased with deposits and withdrawals. The registration certificate of Venkateshwara Enterprises was obtained by the deceased on 06.06.2019. A copy of which was produced before the Tribunal has not - 7 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 been marked on the ground that it is a photocopy and the deceased was carrying the business as proprietary concern. Considering the said documents, the deceased was definitely earning more than the notional income taken by the Tribunal. Considering the Bank transactions reflected in Exs.P13 and P16 bank account statements and the income shown in the IT returns, the income of the deceased is to be taken at Rs.20,000/- p.m. The Tribunal has rightly added future prospects which is 40%, deducted 50% towards personal expenses and applied multiplier 17. In view of the same, the loss of dependency is calculated as under: Rs.20,000/- + 8,000/- (40%) = Rs.28,000/- - 1/2 = 14,000 x 12 x 17 = 28,56,000/- 11. The appellants/claimants are the parents of the deceased and they are entitled to consortium in a sum of Rs.40,000/- each with 10% escalation as per decision of National Insurance Co. Ltd. -vs- Pranaya Sethi & Ors. (2017 ACJ 2700). - 8 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 12. The Tribunal has awarded Rs.40,000/- towards filial consortium and Rs.30,000/- towards love and affection. The claimants are entitled to loss of consortium in a sum of Rs.44,000/- x 2 = Rs.88,000/- as against Rs.40,000/- awarded by the Tribunal. Since loss of consortium is awarded, the claimants are not entitled to a sum of Rs.30,000/- awarded by the Tribunal towards love and affection. The Tribunal has awarded funeral expenses of Rs.15,000/- and loss of estate of Rs.15,000/- but has not taken into consideration 10% escalation on them. Therefore the claimants are entitled to loss of estate in a sum of Rs.16,500/- and funeral expenses and transportation charges of Rs.16,500/-. 13. In view of the above, the claimants are entitled to total compensation under various heads as under: Compensation Heads Amount Loss of dependency Rs.28,56,000.00 Loss of consortium Rs. 88,000.00 Loss of funeral expenses Rs. 16,500.00 - 9 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 Loss of estate Rs. 16,500.00 Total Rs.29,77,000.00 14. The claimants are entitled to total compensation of Rs.29,77,000/- as against Rs.23,13,400/- as awarded by the Tribunal with interest. Consequently the claimants are entitled to enhanced compensation of Rs.6,63,600/- with interest at the rate of 6% per annum from the date of petition till realisation. The respondent No.1/Insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation Rs.6,63,600/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) The respondent No.1/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day, failing which, it - 10 - HC-KAR CNR: KAHC010340412023 NC: 2026:KHC:38359 MFA No. 4625 of 2023 is liable to pay the interest at rate of 9% per annum from this day till payment. iv) The claimants are entitled to release of the enhanced compensation in the ratio as determined by the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 32