- 1 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 392 OF 2025 (MV-D) BETWEEN: 1. RAMI GOPAL W/O GOPAL AGED ABOUT 54 YEARS. 2. GOPAL VEDI S/O VEDI AGED ABOUT 58 YEARS. BOTH ARE RESIDING AT: No. 51, 16TH E CROSS NEW MICO LAYOUT BOMMANAHALLI BANGALOLRE. NATIVE ADDRESS: No. 657/A, ERRASIKALAALLI CHAPARTHI, KRISHNAGIRI TAMIL NADU. …APPELLANTS (BY SRI SREENIVASAIAH A, ADVOCATE) AND: 1. THE MANAGING DIRECTOR T. N. S .T .C No. 12, RAMAKRISHNA ROAD BHARATHIPURAM Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 SALEM, DHARMAPURAM TAMIL NADU – 636 705. 2. BRANCH OFFICE AT: THE MANAGING DIRECTOR T .N .S .T .C BYATARAYANAPURA MYSORE ROAD, BUS STOP BENGALURU – 560 026. …RESPONDENTS (BY SRI SATHEESH H K AND SRI BOPANNA B, ADVOCATE FPR R1 V/O DTD. 2.9.2026, NOTICE TO IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.06.2024 PASSED IN MVC No.2615/2022 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU COURT OF SMALL CAUSES, BENGALURU (SCCH-24), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 01.06.2024 passed in MVC - 3 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 No.2615/2022 by the XXII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-24). 2. The appellants made a claim petition praying to award compensation for the death of Thriuppathi Gopal in a road traffic accident occurred on 06.03.2022 contending that the accident occurred due to rash and negligent driving of the driver of TNSTC Bus bearing Regn.No.TN- 29-N-2838. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Transportation and funeral expenses 18,150/- 02. Loss of love and affection 48,400/- 03. Loss of estate 18,150/- 04. Loss of dependency 28,72,800/- Total 29,57,500/- 3. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.1/TNSTC to deposit the award amount with - 4 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 interest. The claimants seeking enhancement of compensation have filed the present appeal. 4. Heard learned counsel for the appellants and learned counsel for respondent No.1/TNSTC. 5. Learned counsel for appellants would contend that deceased was working as Turner in Gowthami Engineering, Bommanahalli, Bangalore and getting salary of Rs.24,950/- as per Ex.P12 and the Proprietor of Gowthami Engineering is examined as PW.4 and bank account statement of the deceased has been produced at Ex.P19 which indicate credit of salary to his account. Considering the said aspect the income taken by the Tribunal at Rs.19,000/- is on lower side. The Tribunal has not awarded consortium to both the claimants and awarded only to one claimant. Both the claimants being parents of deceased are entitled to consortium. The compensation awarded under other heads is just and proper. With this he prayed to allow the appeal. - 5 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 6. Learned counsel for respondent No.1 would contend that the income taken by the Tribunal at Rs.19,000/- p.m. considering the documents produced is just and proper. The compensation awarded under other heads is just and proper and there are no grounds for enhancement of compensation. 7. The accident occurred on 06.03.2022 and as on the date of accident, the deceased was aged 22 years. The deceased was working as Turner in Gowthami Engineering, Bommanahalli, Bangalore. PW-4 is the Proprietor of the said Gowthami Engineering. Ex.P12 is the Salary slip of the deceased which indicate that he is getting salary of Rs.24,950/-. Ex.P-19 is the bank account statement which indicate credit of different sums for different months which is lesser than Rs.24,950/-. Ex.P12 – salary slip indicate that Rs.6,500/- has been included in the salary which is overtime amount. If the overtime amount is deducted the gross salary of the deceased is Rs.18,450/-. Considering the deceased was doing - 6 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 overtime work, his gross salary is taken at Rs.20,000/- as against Rs.19,000/- taken by the Tribunal. The Tribunal has rightly added 40% future aspects, deducted 50% personal expenses and added multiplier ‘18’. In view of the same, the loss of dependency is calculated as under: Rs.20,000+8000(40%)=28,000-50%=Rs.14,000/- Rs.14,000 x 12 x 18 = Rs.30,24,000/- 8. The Tribunal has rightly awarded loss of estate and funeral expenses. The Tribunal has awarded consortium to only one claimant in a sum of Rs.48,400/-. The claimants being parents of deceased are entitled to consortium in a sum of Rs.48,400/- each. Therefore, the claimants are entitled to consortium in a sum of Rs.48,400/- each as against Rs.48,400/- awarded by Tribunal. 9. In view of the above, the claimants are entitled to compensation under various heads as under: - 7 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 Sl.No. Heads Amount in (Rs.) 01. Loss of dependency 30,24,000/- 02. Loss of consortium 96,800/- 03. Loss of estate 18,150/- 04. Funeral expenses 18,150/- Total 31,57,100/- 10. Considering the above aspects, the claimants are entitled to total compensation of Rs.31,57,100/- as against Rs.29,57,500/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimants are entitled to enhanced compensation of Rs.1,99,600/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.1/TNSTC is liable to pay the said enhanced compensation with interest. 11. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.1,99,600/- - 8 - HC-KAR CNR: KAHC010023832025 NC: 2026:KHC:47687 MFA No. 392 of 2025 with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.1/TNSTC shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellants are entitled to release of entire enhanced compensation in equal share. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 6 Ct.sm