SMT. K. SARASWATHI v. S.M.T ENTERPRISES

(BY SRI. MALLIKARJUNA REDDYN.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 27.07.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 01.12.2025 PASSED IN MVC NO. 8490/2024 ON THE FILE OF THE VII ADDL. SCJ AND ACJM, MEMBER , MACT -3, BENGALURU., 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 filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 01.12.2025 passed in MVC HC-KAR - 3 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026 No.8490/2024 by VII Additional Small Causes Judge and ACJM and Member, MACT-3, Bengaluru.

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

#3. The appellants/claimants made a claim petition seeking for award of compensation for the death of J. Aadi Lakshmi in a road traffic accident occurred on 12.08.2024 contending that the accident occurred due to rash and negligent driving by the driver of BBMP Lorry bearing registration No.KA-51-AG-2092.

#4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation awarded compensation under various heads as under: HC-KAR - 4 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026 Particulars Sl. No. 1. Loss of dependency Amount Rs. 6,60,000/- (After deducting 1/3rd of the income towards personal and living expenses)

#2. Loss of parental consortium (For petitioners No.1 and 2)

#3. Loss of estate 4. Towards transportation of dead body and funeral expenses Rs. Rs. Rs. 80,000/- 18,150/- 18,150/- Total Rs. 7,76,300/-

#5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation.

#6. Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer.

#7. Learned counsel the appellant would contend that, the Tribunal has taken the notional income HC-KAR - 5 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026 at Rs.16,500/-, but as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- per month and the said income is to be taken. The Tribunal has rightly deducted 1/3rd towards personal expenses and applied multiplier '5' since the deceased was aged sixty nine (69) years. He further submits that, even though the Tribunal has awarded loss of consortium, the Tribunal has not added escalation at 20%. With these, he prayed to allow the appeal.

#8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded on all heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

#9. Having heard learned counsel appellants/claimants and learned counsel for respondent HC-KAR - 6 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026 No.2/insurer, the Court has perused the impugned Judgment and Award.

#10. The accident occurred on 12.08.2024 and as on the date of accident, the deceased was aged sixty nine (69) years. The claimants are daughters of the deceased. The Tribunal has taken the notional income at Rs.16,500/-, but as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- per month and the said income is to be taken. The Tribunal has rightly deducted 1/3rd towards personal expenses of the deceased and applied multiplier '5' since the deceased was aged sixty nine (69) years. In view of the same, loss of dependency is calculated as under: Rs.17,000/- - 1/3rd = Rs.11,333/- X 12 X 5 = Rs.6,79,980/-

#11. Even though the Tribunal has awarded loss of consortium to each of them, but has not added escalation HC-KAR - 7 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026 at 20%. The escalation at 20% is to added for loss of consortium as per the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC

#5157. Therefore, the claimants are entitled to loss of consortium in a sum of Rs.96,000/- (Rs.48,000/- X 2).

#12. The compensation awarded under other heads is just and proper.

#13. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Particulars Sl. No. 1. Loss of dependency Amount Rs. 6,79,980/-

#2. Loss of parental consortium Rs. Rs. 3. Loss of estate Rs. 4. Towards transportation of dead body and funeral expenses 96,000/- 18,150/- 18,150/- Total Rs. 8,12,280/- HC-KAR - 8 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026

#14. The claimants are entitled to total compensation of Rs.8,12,280/- as against Rs.7,76,300/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

#15. Consequently, the claimants are entitled to enhanced compensation of Rs.35,980/- (Rs.8,12,280/- - Rs.7,76,300/-) with interest at the rate of 6% per annum from the date of petition till realisation.

#16. Respondent No.2/insurer liable to pay enhanced compensation amount with interest.

#17. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.35,980/- with interest at the rate of 6% per annum from the date of petition till realisation. HC-KAR - 9 - NC: 2026:KHC:43312 MFA No. 5284 of 2026 CNR: KAHC010483642026 iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The appellants/claimants are entitled to release of entire enhanced compensation with interest in equal share. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 67