- 1 - HC-KAR NC: 2026:KHC:21335 MFA No. 2533 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2533 OF 2017 (MV-D) BETWEEN: 1. SMT.JOSHODA BAI W/O LATE KRISHNARAM CHOWDARY, AGED ABOUT 57 YEARS, R/AT VERA BHADEF, KUSHALPURA, RAIPUR, RAJASTHAN - 306 305 PRESENTLY R/AT NO.118, VIDYAPEETA ROAD, KENGERI, BENGALURU - 560 060 2. SRI K.KANYALAL S/O LATE KRISHNARAM CHOWDARY, AGED ABOUT 42 YEARS, 3. SRI K.SUKRAJ CHOUDARY S/O LATE KRISHNARAM CHOWDARY, AGED ABOUT 40 YEARS, APPELLANT NO.2 & 3 ARE R/AT NO.118, VIDYAPEETA ROAD, KENGERI, BENGALURU - 560 090 …APPELLANTS (BY SRI. NAIK N.R., ADVOCATE) AND: 1. SMT R.M.NALINI NO.147/19, A.R.COMPOUND, MYSORE ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21335 MFA No. 2533 of 2017 BENGALURU - 560 002 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, NO. 89, 2ND FLOOR, S.V.R.COMPLEX, HOSUR MAIN ROAD, MADIWALA, BENGALURU - 560 068. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED: 09/02/2023) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.07.2016 PASSED IN MVC NO.1982/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT COURT OF SMALL CAUSES, BANGALORE (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1982/2014 dated 13.07.2016 by the III Additional Senior Civil Judge and Member MACT Court Of Small Causes, Bangalore, the claimant is before this court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: - 3 - HC-KAR NC: 2026:KHC:21335 MFA No. 2533 of 2017 Sl. No Heads Compensation awarded 1. Towards loss of dependency Rs.2,10,000/- 2. Towards transportation of dead body, funeral & obsequies ceremony expenses Rs.25,000/- 3. Towards loss of love and affection Rs.45,000/- 4. Towards Loss of estate Rs.25,000/- 5. Towards loss of consortium Rs.25,000/- TOTAL Rs.3,30,000/- 3. Learned counsel appearing for the claimants submits that the Tribunal has deducted 50% towards personal expenses instead of 1/3rd. It is submitted that the children are dependent upon the father. When it comes to the income Rs.7,000/- was taken. As it is an accident of the year 2014 the Tribunal ought to have taken the income at Rs.8,500/-. It is submitted that even on the conventional heads also the amount that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the insurance company submits that when the children are majors they cannot be considered as dependents and the Tribunal has rightly deducted 50% and on all other accounts the compensation that is awarded is just and reasonable and no enhancement is called for. - 4 - HC-KAR NC: 2026:KHC:21335 MFA No. 2533 of 2017 5. Having heard the learned counsels on either side, perused the material on record. First coming to the dependency is concerned in the light of the judgment of the Hon'ble Apex Court in the case of Seema Rani Vs. Oriental Insurance Company Pvt. Ltd.,1 this Court is considering the claimants as the dependents and further the income is taken at Rs.8,500/-,if 1/3rd is deducted, it comes to a Rs.2,833/- and his contribution to the family would be Rs.5,666/- (Rs.8,500 - Rs.2,833) Towards loss of dependency this Court is granting an amount of Rs.3,39,960/-(Rs.5,666x12x5). Towards loss of consortium this Court is granting an amount of Rs.1,44,000/- (3x48,000/-). Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 6. In the light of the law laid down by the Hon’ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2 , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled for compensation under the following heads: 12025 INSC 192 2(2014) 11 SCC 178 - 5 - HC-KAR NC: 2026:KHC:21335 MFA No. 2533 of 2017 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards loss of dependency : Rs. 2,10,000/- 3,39,960/- 2. Towards funeral expenses : Rs. 25,000/- 36,000/- 3. Towards loss of love and affection : Rs. 45,000/- 00/-/- 4. Towards Loss of estate : Rs. 25,000/ - 00/- 5. Towards loss of consortium : Rs. 25,000/- 1,44,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,30,000/- 5,29,960/- 8. Altogether,the claimant‘s are entitled for compensation of an amount of Rs.5,29,960/-. i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,30,000/- to Rs.5,29,960/. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 6 - HC-KAR NC: 2026:KHC:21335 MFA No. 2533 of 2017 iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The respondent - insurance company 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 amount as per the award. v. 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 vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 32