IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6419 OF 2024(MV-D)

BETWEEN:

SRI. MAHESH N., S/O. LATE NANJUNDAPPA, NOW AGED ABOUT 54 YEARS, RESIDING AT DODDANALLURAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT.

…APPELLANT (BY SRI. N. GOPALAKRISHNA, ADVOCATE FOR SMT.

SUSHMITHA G., ADVOCATE)

Digitally signed by MEGHA MOHAN Location: HIG H AND:

COURT OF KARNATAKA

1. SRI. K. GANGARAJU, S/O. VENKATARAMANA, MAJOR IN AGE, RESIDENT OF NO.91, 3^RD CROSS, MAHESHWARI NAGAR, RAMAKKA LAYOUT, BENGALURU - 560048.

2. THE HDFC ERGO GEN. INS. CO. LTD., SHANKARANARAYANA BUILDING, M.G.ROAD, BENGALURU – 560001.

REP BY ITS MANAGER …RESPONDENTS (NOTICE TO R1 IS DISPENSED WITH V/O/DATED 19.02.2025;

BY SRI. B. PRADEEP, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.06.2023 PASSED IN MVC. NO.3977/2020 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-17 PARTY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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.3977/2020 dated 05.06.2023 by the XIX Addl. Judge, Court of Small Causes, Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.38,75,286/-, the claimant is before this Court seeking enhancement of the compensation.

2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.60,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimant that on 25.08.2020 at about 6.45 pm., the deceased was going towards his village Doddanallurahalli from Hoskote town as a pillion rider in a Passion Pro motor cycle ridden by his friend Raja, slowly and cautiously on the left side of Hosakote- Pillagumpe road, on the way at about 6.45 pm., near Chikkahalluru Village, Hoskote Taluk, Bengaluru District, the driver of the Tata Ace drove the same in a rash and negligent manner with high speed and dashed against the motor cycle. Due to forced impact, the deceased suffered grievous head injuries. Immediately, he was shifted to MVJ Hospital, Hoskote, wherein first aid was administered and later he was shifted to Manipal Hospital, Bengaluru, then he shifted to New Janapriya Super Speciality Hospital, Bengaluru, where he was admitted as an inpatient. Due to the untimely death of the deceased the claimants have suffered mentally and physically and they have lost their bread earner. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below:

3. Learned counsel appearing for the appellant/

claimant submits that the Tribunal had taken the notional income at Rs.14,500/- per month, as the deceased was a B.Com Graduate, the Tribunal ought to have taken the income at Rs.20,000/- per month. It is submitted that after the accident he was hospitalized and he had spent huge amounts towards the treatment, but the Tribunal had not granted any amount towards attendant charges and also towards loss of income during the laid up period. It is submitted that on all counts the compensation needs to be enhanced.

4. Learned counsel appearing for the Insurance Company submits that as per the evidence of PW1, the deceased was working in a TVS showroom and the claimant has not placed any evidence on record disclosing the income deceased was getting.

5. Having heard the learned counsels on either side, perused the material on record. When it is the case of the claimant that the deceased was working in a TVS showroom, they ought to have placed the evidence on record. The submission of the learned counsel for the appellant/claimant is that because he is a B.Com Graduate, the Tribunal ought to have taken the income at Rs.20,000/- per mon