Smt Gurumallamma v. Mr Mohan S

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5415 OF 2025 (MV-D) BETWEEN:

¶1SMT. GURUMALLAMMA W/O. LATE GURUSIDDAPPA AGE : 51 YEARS RESIDING AT KAMARAHALLI VILLAGE BEGUR HOBLI, GUNDLUPET TALUK PIN-571 111.

¶2MR. RAJESH S/O LATE GURUSIDDAPPA AGE: 32 YEARS. RESIDING AT KAMARHALLI VILLAGE BEGUR HOBLI GUNDLUPET TALUK PIN-571 111. …APPELLANTS

(BY SRI NAGARAJA R C, ADVOCATE)

AND:

¶1MR MOHAN S S/O SRINIVAS REDDY AGE: MAJOR. R/AT No.102, SIDDI REDDY

Location: HIGH COURT OF KARNATAKA

LAYOUT, TVS GOWDOWN BACK KUDULU VILLAGE, MADIWALA POST ANEKAL TALUK BANGALORE - 560 068.

¶2NATIONAL INSURANCE COMPANY LIMITED BANGALORE DIVISION XI 86/20, 2ND FLOOR AIRPORT ROAD, MARATHAHALLI BANGALORE--560 037. BRANCH OFFICE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED SRI SRINIVASA PLAZA , ADI CHUNACHANAGIRI MAIN ROAD, 5TH STAGE, KUVEMPUNAGARA MYSORE – 570 001. …RESPONDENTS

(BY SMT. GEETHARAJ, ADVOCATE FOR R2 V/O DTD. 13.08.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:18.02.2025 PASSED IN MVC No.288/2019 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR ADMISSION 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 18.02.2025 passed in MVC

No.288/2019 by the Senior Civil Judge and MACT, Gundlupet.

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/insurer.

¶3The appellants made a claim petition praying to award compensation for the death of Gurusiddappa in a road traffic accident occurred on 05.07.2019 contending that the accident occurred due to rash and negligent driving of the driver of car bearing Regn.No.KA-51-MG-8037. 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.)

¶01Towards loss of dependency 8,71,200/-

¶02Loss of spousal consortium to the petitioner 44,000/-

¶03Towards transportation of dead body and funeral expenses 16,500/-

¶04Towards loss of estate 16,500/-

Total 9,48,200/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer.

¶6Learned counsel for appellants would contend that deceased was an agriculturist and income taken by the Tribunal at Rs.11,000/- is on lower side. The Tribunal has rightly taken 10% future prospects, deducted 1/3rd towards personal expenses of deceased and applied multiplier '9'. She further submits that the Tribunal has awarded consortium in a sum of Rs.44,000/- to first claimant and not awarded consortium to the second claimant. The second claimant being the son of the

deceased is also entitled to consortium. With this she prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The accident occurred don 05.07.2019 and as on the date of the accident the deceased was aged 56 years. Considering the said aspect, the Tribunal has rightly applied multiplier '9'. The Tribunal has taken income at Rs.11,000/- p.m. Even though it is contended that the deceased was an agriculturist but no document in that regard has been placed on record. Considering the said aspect, the notional income fixed by the Karnataka State Legal Services Authority for the year 2019 is Rs.14,000/- and the same is to be taken as against Rs.11,000/- taken

by the Tribunal. The Tribunal has rightly added 10% future prospects, deducted 1/3rd towards personal expenses and applied multiplier '9'. In view of the above, the loss of dependency is calculated as under: Rs.14,000+1,400(10%) = Rs.15,400 – 1/3 = Rs.10,267/-Rs.10,267 x 12 x 9 – Rs.11,08, 836/-

¶10The claimants are the wife and son of deceased and they are entitled to loss of consortium of Rs.40,000/- each. The Tribunal has only awarded spousal consortium in a sum of Rs.44,000/-. Since the claimants are wife and son of deceased, they are entitled to consortium in a sum of Rs.40,000/- each, i.e. Rs.80,000/-. The Tribunal has taken escalation on conventional heads. The accident has taken place in the year 2019 and the escalation cannot be taken into consideration. Therefore, the claimants are entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of dependency 11,08,836/-

¶02Loss of consortium 80,000/-

¶03Funeral expenses 15,000/-

¶04Loss of estate 15,000/-

Total 12,18,836/-

¶11Considering the above aspects, the claimants are entitled to total compensation of Rs.12,18,836/- as against Rs.9,48,200/- 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.2,70,636/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.

¶12In 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.2,70,636/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) Appellants/claimants are entitled to release of entire enhanced compensation in the ratio of 60:40.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 43 Ct.sm