Karnataka High Court
Smt Munilakshmamma vs Sri Thanoj Kumar P on 10 July, 2025
-1-
NC: 2025:KHC:25724
MFA No. 10146 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 10146 OF 2018 (MV-D)
BETWEEN:
1. SMT MUNILAKSHMAMMA
W/O MUNIRAJA M
AGED ABOUT 46 YEARS
2. SRI MUNIRAJA M
S/O MUNISHAMAPPA
AGED ABOUT 56 YEARS
BOTH ARE RESIDING AT NO.323
III MAIN, 6TH CROSS
LAKSHMIDEVI NAGAR
NANDINI LAYOUT
BENGALURU-96
...APPELLANTS
(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)
Digitally
signed by AND:
NIRMALA
DEVI 1. SRI THANOJ KUMAR P
S/O NAIDU R P
Location:
HIGH R/AT NO.124/A, I FLOOR
COURT OF 6TH CORSS, TEACHER COONY
KARNATAKA KUMARASWAMY LAYOUT
BENGALURU-78
2. NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE NO.144
SHUBRAM COMPLEX
M G ROAD, BANGALORE-01
...RESPONDENTS
(BY SRI. H S LINGARAJU, ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH V/O DTD 20.02.2025)
-2-
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MFA No. 10146 of 2018
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01/08/2018, PASSED IN MVC
NO.2945/2017, ON THE FILE OF THE XIX ADDITIONAL SMALL
CAUSES JUDGE & MACT, BENGALURU (SCCH-17), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The above appeal is filed by the claimants under Section
173(1) of the Motor Vehicles Act, 19881 challenging the
judgment and award dated 01.08.2018 passed in MVC
No.2945/2017 by the XIX Additional Small Causes Judge &
Motor Accident Claims Tribunal, Bengaluru (SCCH-17)2 seeking
for enhancement of compensation.
2. The Tribunal by its judgment and award dated
01.08.2018 partly allowed the claim petition and awarded a
total compensation of `22,98,000/- together with interest @
Hereinafter referred as to 'Act'
Hereinafter referred to as the 'Tribunal'
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7.5% per annum. Being aggrieved, the claimants have filed
the above appeal seeking for enhancement of compensation.
3. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
4. The findings of the Tribunal on negligence and on liability
are not under challenge and have attained finality. The only
question to be adjudicated in the above appeal is with regard to
the adequacy of compensation awarded by the Tribunal.
5. Heard the submissions of learned counsel
Sri Sripad V. Shastri appearing for the appellants and learned
counsel Sri H.S. Lingaraj appearing for the respondent No.2.
Perused the records including the records of the Tribunal.
6. The deceased was aged 24 years as on the date of the
accident i.e., on 26.03.2017 as noticed by the Tribunal having
regard to the SSLC marks sheet (Ex.P16), wherein the date of
birth of the deceased has been stated as 20.04.1993.
7. The deceased was stated to be a Guest Relations
Executive working in a private company as also a Taxi driver
earning a total monthly income of Rs.27,615/-. The Tribunal
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while considering the income of the deceased has considered
the documents pertaining to his employment with SPI
Cinemas Private Limited including three pay slips (Ex.P28).
The claimants have produced and relied on the identity card
issued by Meru Cabs (Ex.P19), employment ID card (Ex.P20),
DL extract (Ex.P21) as also the B register extract of the car
(Ex.P22) which demonstrates that the deceased was the owner
of the car from 30.05.2015 and sold the same on 26.1.2017,
two months prior to the accident. The deceased was also a
graduate as is forthcoming from Ex.P25. The Tribunal has also
noticed that Physical Test Result sheet of PSI (Ex.P23)
demonstrates that the deceased qualified for the written
examination for the post of Sub Inspector of Police as he
successfully qualified in the physical efficiency test. The
employer of the deceased was examined as PW2 who has
deposed that the deceased was working as a Guest Relations
Executive since 18.1.2017 till 25.03.2017 and drawing a
salary of `12,615/- per month and that he would have been got
promotion and increment based on his performance. The
Tribunal considering all the above aspects has assessed the
monthly income of the deceased as Rs.15,000/-. However,
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having regard to the fact that there is abundant material on
record to demonstrate that apart from his employment, the
deceased had his own car and he was driving the same as a
Taxi, it is just and proper that the income of the deceased be
re-assessed as Rs.18,000/- per month.
8. As per the judgment of Hon'ble Supreme Court in the
case of National Insurance Company Ltd. vs. Pranay Sethi
& Ors.3 and considering the age of the deceased, 40% of
income of the deceased is to be added to his income by way of
future prospects. 50% is to be deducted towards personal
expenses since the deceased was a bachelor. Hence, loss of
dependency is re-assessed as (`18,000/- + 40% - 50% x 12 x
18) = `27,21,600/- as against `22,68,000/- awarded by the
Tribunal.
9. As per the judgments of the Hon'ble Supreme Court in
the case of Pranay Sethi3 and Magma General Insurance
Company Ltd. V. Nanu Ram4, claimant Nos.1 and 2 being the
parents of the deceased are entitled to compensation of
AIR 2017 SC 5157
(2018) 18 SCC 130
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`40,000/- each towards loss of consortium with escalation at
20% and accordingly a sum of (`48,000/- x 2) `96,000/- is
awarded towards the same.
`15,000/- each is required to be awarded towards loss of
estate and funeral expenses with escalation at 20%.
Accordingly, a sum of `18,000/- each is awarded towards the
same.
10. It is noticed that the Tribunal has awarded interest at
7.5% per annum. However, taking judicial notice of the
interest payable towards fixed deposits, it is just and proper to
award interest at the rate of 7% p.a., on the compensation as
re-assessed by this Court.
11. In view of the aforementioned, the compensation is re-
assessed as follows:
Sl.No Compensation Head Amount Amount awarded
Awarded by the by this Court (`)
Tribunal (`)
1 Towards loss of 22,68,000.00 27,21,600.00
dependency
2 Towards loss of estate 15,000.00 18,000.00
3 Towards funeral 15,000.00 18,000.00
expenses
4 Loss of Consortium 00 96,000.00
Total 22,98,000.00 28,53,600.00
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12. Accordingly, the claimants are entitled to an enhanced
compensation of (`28,53,600/- - `22,98,000/-) `5,55,600/-.
13. In view of the aforementioned, the following:
ORDER
i) The above appeal is partly allowed;
ii) The judgment and award dated
01.08.2018 passed in MVC No.2945/2017 by
the XIX Additional Small Causes Judge &
Motor Accident Claims Tribunal, Bengaluru
(SCCH-17) is hereby modified to the extent
ordered herein. In all other respects, the
judgment and award of the Tribunal remains
unaltered;
iii) The claimants are entitled to enhanced
compensation of `5,55,600/- together with
interest @ 7% per annum from date of
petition till date of payment, in addition to
the compensation awarded by the Tribunal;
iv) The disbursement of the compensation
shall be in terms of the judgment and award
of the Tribunal;
v) The Registry to draw the modified award
accordingly;
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vi) Records be transmitted to the Tribunal forthwith.
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
BS
