IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2074 OF 2024

(MV-D)

BETWEEN:

1. SMT. NARASAMMA L.K.,

W/O CHANDREGOWDA (CHANDRASHEKAR),

AGED ABOUT 46 YEARS,

2. SRI.CHANDRASHEKAR (CHANDREGOWDA)

S/O AYYANNAPPA

AGED ABOUT 55 YEARS BOTH ARE RESIDING AT

Digitally signed HOUSE NO 142, 1^ST CROSS ROAD,

by MEGHA

MOHAN 4^TH MAIN ROAD, MAHALAKSHMI NAGARA,

Location: HI GH

COURT OF

KARNATAKA TUMKURU -572 103

…APPELLANTS

(BY SRI. BANGARI SUNILKUMAR PARAMESWAR, ADVOCATE)

AND:

1. ICICI LOMBARD INSURANCE COMLPANY LTD.,

RAJAJINAGAR BRANCH,

NO. 3 AND 4, SUDHA COMMERCIAL COMPLEX,

NEAR STAR BAZAR, DR. RAJKUMAR ROAD, 4^TH STAGE, RAJAJINGAR, BENGALURU -560 010

2. SRI S.V.READY MIX CONCRETE REPRESENTED BY ITS OWNER SY. NO. 03, NANDIHALLI VILLAGE, ORDIGERE HOBLI, HIREHALLI POST, TUMKURU -572 104 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 V/O/DATED: 05/11/2025- NOTICE TO R2 IS DISPENSED WITH)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2022 PASSED IN MVC NO. 4563/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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 SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

Aggrieved by the award passed in MVC.No.4563/2019 dated 17.06.2022 by the IX Addl. Small Causes Judge & MACT- 7, Bengaluru, the claimant is before this court seeking enhancement of the compensation.

2. The claim petition is filed seeking compensation of an amount of Rs.1,00,00,000/- for the death of the deceased in the road traffic accident.

3. The Tribunal had granted compensation as per the table given below:

4. Learned counsel appearing for the claimant submits that this accident had taken place in the year 2019, but the Tribunal had taken the income at Rs.12,000/- which is on the lower side. It is submitted that under the conventional heads also the amount that is awarded by the Tribunal is not just and reasonable.

5. Learned counsel appearing for the respondent/

insurance company submits that the Tribunal had granted a just and reasonable compensation and no enhancement is called for.

6. Having heard the learned counsels on either side, perused the entire material on record. The accident had taken place in the year 2019, hence this Court is taking Rs.14,000/- as income, future prospects at 40% would come to Rs.5,600/- that comes to Rs.19,600/-. (Rs.14,000/-+ Rs.5,600/-) As he is a bachelor 50% has to be deducted towards a personal expenses, his contribution to family would be Rs.9,800/-. Under the head of loss of dependency this court is granting an amount of Rs.19,99,200/- (Rs.9,800/-× 12×17). As there two dependants, towards loss of consortium an amount of Rs.88,000/- is granted by this Court. Towards medical expenses, as the Tribunal has rightly awarded an amount of Rs.3,01,304/- this Court finds no reason to interfere. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-.

7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another, (2014) 11 SCC 178, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses

8. The claimant is entitled for compensation for an amount of Rs.24,34,504/- under the following heads:

i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.21,24,904 /- to Rs.24,34,504/-.

ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization.

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 claima