B M Tejaswi v. Mr Lovely Ramgopal Sharma

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3433 OF 2025 (MV-D) BETWEEN:

¶1B M TEJASWI S/O B.MARISWAMY AGED ABOUT 62 YEARS.

2. M.N. HARINI KUMARI W/O B.M. TEJASWI AGED ABOUT 52 YEARS

3. VISHNU SWAROOP B.T S/O B.M. THEJASWI AGED ABOUT 26 YEARS

THE APPELLANTS ARE R/AT No.35, 3RD CROSS BEHIND KMF, AYYAPPA LAYOUT MUNNEKOLALA MARATHAHALLI COLONY BENGALURU NORTH BENGALURU-560 037.

…APPELLANTS

(BY SRI K V NAIK, ADVOCATE)

AND:

¶1MR LOVELY RAMGOPAL SHARMA MAJOR, FATHER NAME NOT KNOWN R.AT No. H-131 SHAH ARCADE CHS LTD., PLOT No.4 AND 5, SECTOR 6, KHARGHAR NAVI MUMBAI PANVEL, RAIGARH MAHARASHTRA-410 210.

¶2THE MANAGER UNITED INDIA INSURANCE CO., LTD., REGIONAL OFFICE 5TH FLOOR, KRUSHI BHAVAN HUDSON CIRCLE BENGALURU. …RESPONDENTS

(BY SRI A N KRISHNA SWAMY, ADVOCATE FOR R2 V/O DTD. 11.3.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:08.01.2025 PASSED IN MVC No.3568/2024 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), 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 08.01.2025 passed in MVC No.3568/2024 by the III Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-18).

¶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/claimants made a claim petition praying to award compensation for the death of Athish Tejashwi Kumar in a road traffic accident occurred on

28.04.2024 contending that the accident occurred due to rash and negligent driving of the driver of Canter Container Lorry bearing Regn.No.MH-46-BF-8947. 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 86,64,704/-

¶02Towards loss of consortium 88,000/-

¶03Towards loss of estate 16,500/-

¶04Towards funeral and obsequies ceremony expenses 16,500/-

¶05Medical expenses 57,070/-

Total 88,42,774/-

¶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 have filed the present appeal.

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

¶6The accident occurred on 28.04.2024 and as on the date of accident, the deceased was aged 29 years. Considering the said age, the Tribunal has rightly taken multiplier '17'. Considering the fact that deceased was working as Software Engineer and getting fixed salary, the

Tribunal has rightly added 50% towards future prospects. Considering that deceased was bachelor, the Tribunal has rightly deducted 50% of his income towards his personal expenses.

¶7The Tribunal has taken the income of deceased at Rs.58,520/- p.m. based on the pay slip for March, 2024 (Ex.P37) and deducted professional tax of Rs.200/- p.m. and calculated the yearly income. The Tribunal has not deducted income tax. The date of accident is 28.04.2024. Ex.P38 is the pay slip for April, 2024. As per the said pay slip, the total earnings of deceased per month is Rs.64,624/-. Since the accident has taken place during the month end of April, 2024, the pay of deceased for April, 2024 has to be taken into consideration. Therefore, the monthly income of the deceased after deducting Rs.200/- p.m. towards professional tax is Rs.64,425/-. Therefore, the yearly income of the deceased is Rs.7,73,100/-. If the income tax is calculated in the new regime, the income tax payable is Rs.33,602/-. Therefore,

the net income of the deceased is Rs.7,39,498/-per annum. The Tribunal has added 50% towards future prospects since the deceased was getting fixed salary having permanent appointment. Considering the above aspects, the loss of dependency is calculated as under: Rs.7,39,498 + 50% = Rs.11,09,247–50%=Rs.5,54,624/-Rs.5,54,624 x 17 = Rs.94,28,608/-

¶8The claimants are parents and brother of deceased and they are entitled to consortium in a sum of Rs.40,000/- each, with 20% escalation i.e. Rs.1,44,000/- (Rs.48,000 x 3 ) as against Rs.88,000/- awarded by the Tribunal. The Tribunal has awarded loss of estate and funeral expenses taking 10% escalation. Since the accident occurred in the year 2024, six years after the decision of the Hon'ble Apex Court in the case of National Insurance Co.Ltd vs. Pranay Sethi and others (2018 SAR (Civil) 81), 20% escalation is to be added under conventional heads. Therefore, the claimants are entitled

to loss of estate of Rs.18,000/- and funeral expenses of Rs.18,000/-.

¶9In view of the above, the claimants are entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of dependency 94,28,608/-

¶02Loss of amenities 1,44,000/-

¶03Loss of estate 18,000/-

¶04Funeral expenses 18,000/-

¶05Medical expenses 57,070/-

Total 96,65,678/-

¶10Considering the above aspects, the claimants are entitled to total compensation of Rs.96,65,678/- as against Rs.88,42,774/- awarded by the Tribunal with interest. Consequently, the claimants are entitled to enhanced compensation of Rs.8,22,904/- 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.

¶11In 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.8,22,904/- 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 60:20:20.

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 20 Ct.sm