- 1 - HC-KAR NC: 2026:KHC:1445 MFA NO.4760 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4760 OF 2025 (MV-D) BETWEEN: SMT. NAGALAKSHMI N. W/O LATE G. SRIDHARA, AGED ABOUT 52 YEARS, RESIDING AT: C/O SRI. N.S. MURTHY, NO.223, GROUND FLOOR, 4TH 'A' MAIN, 4TH BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BENGALURU - 560 079. …APPELLANT (BY SRI. SUBRAMANI G.N., ADVOCATE) AND: 1. M/S CHOLAMANDALAM MS GENERAL INS. CO. LTD., REP. BY ITS BRANCH MANAGER, NO.135/5, II FLOOR, 15TH CROSS, III PHASE, DALMIA CIRCLE, J.P. NAGAR, BENGALURU - 560 078. 2. SRI. KUBERAPPA S/O MALLAPPA MUSARI, ALADAKATTI, HANAGAL TALUK, HAVERI DISTRICT - 581 110. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1; V/O DATED 18.09.2025, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1445 MFA NO.4760 OF 2025 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 13TH DECEMBER, 2023 PASSED IN M.V.C. NO. 390 OF 2012 ON THE FILE OF THE XIX ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-17), 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 MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT This appeal is preferred by the appellant-claimant under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 13.12.2023 passed in M.V.C. No.390 of 2012 on the file of the XIX Additional Judge and Member, MACT, Court of Small Causes (for short, hereinafter referred to as 'Tribunal'), seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for the respondent No.1- Insurance Company. 3. The brief facts of the case are that, on 03.04.2011 at about 3.45 p.m., the deceased G. Shiridhara, while riding the Motorcycle bearing No.KA-06-EE-8842 from Aimangala - 3 - HC-KAR NC: 2026:KHC:1445 MFA NO.4760 OF 2025 towards Chitradurga on the left side of the road and when he reached near Burajanaroppa Gate, the driver of the Mahindra Bolero Goods vehicle bearing No.KA-27-A-5913 driven in high speed, without giving any signal, all of a sudden stopped the Goods vehicle and as a result of the same, the deceased who was coming behind the said Bolero Goods vehicle in a Motorcycle dashed and died on the spot due to fatal injuries. 4. The wife of the deceased Smt. Nagalakshmi N. filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal, considering the entire oral and documentary evidence on record, granted an amount of Rs.11,96,310/- with interest at the rate of 6% per annum from the date of petition till realisation. Being aggrieved by the said order, the appellant preferred the present appeal seeking enhancement of compensation. 5. Learned counsel for the appellant mainly contended that the deceased G. Shridhara was aged about 45 years working as Executive (Commercial and Accounts) at Kaleesuwari Refinery Pvt. Ltd., Tumakuru and earning Rs.20,052/- per month as per Exhibit P6-Salary Certificate. - 4 - HC-KAR NC: 2026:KHC:1445 MFA NO.4760 OF 2025 Learned counsel for the appellant submits that the compensation awarded by the Tribunal is meagre and accordingly, requested for enhancement of compensation. 6. The Tribunal assessed the contributory negligence of the deceased G. Shridhara as 25% and that of the driver of the Bolero Goods vehicle as 75%. The appellant-claimant filed Salary certificate of the deceased G. Shridhara before the Tribunal, which was marked at Exhibit-P6. Exhibit P5 is the Salary Slips, Exhibit P12 is the Bank Passbook and Exhibit P11 is the copy of the PAN Card. The Tribunal, considering all the documents had taken the earnings of the deceased as Rs.15,288/- per month and as per the case of NATIONAL INSURANCE COMPANY LTD. vs. PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680, he is entitled for 25% towards future prospects and one-third is to be deducted towards his personal expenses. Therefore the loss of dependency constitute Rs.19,87,440/- (15,288/- + 25% X 12 X 13 - 1/3). As the appellant-claimant is the wife of deceased, she is entitled for an amount of Rs.48,000/- towards loss of - 5 - HC-KAR NC: 2026:KHC:1445 MFA NO.4760 OF 2025 consortium and also Rs.33,000/- towards conventional heads. Thus in all, components awarded by this Court are as below: Sl. No. Particulars Amount (Rs. 1. Loss of dependency 19,87,440-00 2. Towards loss of consortium 48,000-00 3. Conventional heads 33,000-00 Total 20,68,440-00 7. Therefore the compensation is enhanced to Rs.20,68,440/- as against the compensation awarded by the Tribunal with interest at the rate of 6% per annum. 8. In the result, I pass the following: O R D E R i. Miscellaneous First Appeal allowed in-part; ii. Judgment and award dated 13.12.2023 passed in M.V.C. No.390 of 2012 on the file of the XIX Additional Judge and Member, MACT, Court of Small Causes, Bengaluru is modified; iii. The appellant-claimant is entitled for a total compensation of Rs.20,68,440/- along with - 6 - HC-KAR NC: 2026:KHC:1445 MFA NO.4760 OF 2025 interest at the rate of 6% per annum from the date of petition till the date of realisation instead of Rs.11,96,310/- awarded by the Tribunal; iv. The respondent No.1-Insurance Company had already deposited 75% of the compensation awarded by the Tribunal. Therefore, the respondent-Insurance Company is directed to deposit the balance of compensation at the rate of 6% per annum within one month from the date of this order; v. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same; vi. The appellant-claimant is not entitled for interest for the delayed period of 447 days in filing the appeal before this Court. Sd/- (P SREE SUDHA) JUDGE ARK List No.: 1 Sl No.: 25