Partly allowed

Vennila Nagaraj N v. M/S Transport Corporation

Karnataka HC23 Jul 2026MFA/3412/2023

Case brief

AI extract

What is this about?

Claimants appealed enhancement of compensation for death of a 60-year-old in a road traffic accident with 50% contributory negligence. The court corrected the deduction error, added future prospects, recomputed heads, and allowed the appeal in part awarding enhanced compensation of Rs.2,74,418/- with interest at 6% per annum against the insurer.

What did the court decide?

Enhanced compensation of Rs.2,74,418 with 6% interest payable by respondent No.2/insurer, distributed among claimants; no interest for 208-day delay.

Vennila Nagaraj N Vs M/S Transport Corporation — Motor Accident Claims | Karnataka HC (2026)

¶1

¶2

HC-KAR NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶3

CNR: KAHC010255582023

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 23^RD DAY OF JULY, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3412 OF 2023 (MV-D)

¶8

BETWEEN:

¶9

VENNILA NAGARAJ N. W/O. LATE NAGARAJ R. @ NAGARAJAN, NOW AGED ABOUT 60 YEARS,

¶10

PRABAKARAN

¶11

S/O. LATE NAGARAJ R. @ NAGARAJAN, NOW AGED ABOUT 35 YEARS,

¶12

CHINNAPAPPA RAMAN W/O. RAMAN,

¶13

NOW AGED ABOUT 80 YEARS,

¶14

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶15

ALL ARE RESIDING AT JAYAM ENGINEERING COLLEGE, CHINNAKANAHALLI, ERRABAIYANA HALLI, DHARMAPURI, TAMIL NADU - 636 701.

¶16

…APPELLANTS

¶17

(BY SRI. GOPALA KRISHNA N., ADVOCATE FOR SMT. SUSHMITHA G., ADVOCATE)

¶18

AND:

¶19

M/S TRANSPORT CORPORATION OF INDIA LTD., NO.57/58, 2^ND CROSS, KALASIPALYAM NEW EXTN.,

¶20

NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶21

¶22

HC-KAR

¶23

CNR: KAHC010255582023

¶24

BENGALURU - 560 002. REP. BY ITS MANAGER.

¶25

NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 144, 2^ND FLOOR, SUBBARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001. REP. BY ITS MANAGER.

¶26

SMT. TAMIL SELVI N. W/O.MANOHARAN R., NOW AGED ABOUT 38 YEARS, NO.40, 3, 2, 3^RD FLOOR, ANANTHA REDDY LAYOUT, ELECTRONIC CITY PHASE-2, BENGALURU - 560 100. AND ALSO AT: NO.52, SOUNDARYA BUILDING, 2^ND MAIN ROAD, VINAYAK LAYOUT, SHANTHI PURA ROAD, ELECTRONIC CITY PHASE-2, BENGALURU - 560 100.

¶27

…RESPONDENTS

¶28

(BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE FOR R2; VIDE ORDER DATED 06.10.2023, NOTICE TO R1 & R3 IS DISPENSED WITH)

¶29

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2022 PASSED IN MVC NO.3331/2019 ON THE FILE OF THE IV ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, SCCH-6, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

¶30

HC-KAR

¶31

NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶32

¶33

CNR: KAHC010255582023

¶34

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶35

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶36

ORAL JUDGMENT

¶37

This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 01.07.2022 passed in MVC No.3331/2019 by IV Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-6).

¶38

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.

¶39

The appellants/claimants made a claim petition seeking for award of compensation for the death of Nagaraj R. @ Nagarajan in a road traffic accident occurred on 17.05.2019 contending that the accident occurred due

¶40

¶41

HC-KAR

¶42

NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶43

CNR: KAHC010255582023

¶44

to rash and negligent driving by the driver of Container

¶45

Lorry bearing registration No.KA-42-5964.

¶46

The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

¶47

Sl.	Particulars		Amount
No.
1.	Loss of dependency	Rs.	5,04,000/-
2.	Funeral & transportation expenditure	Rs.	25,000/-
3.	Loss of love and affection (Rs.50,000/-each)	Rs.	1,50,000/-
4.	Loss of estate	Rs.	50,000/-
	Total	Rs.	7,29,000/-

¶48

The Tribunal held that the deceased was also

¶49

contributed to the negligence to the extent of 50% and therefore, the Tribunal awarded 50% of the total compensation i.e., Rs.3,64,500/-.

¶50

The Tribunal also awarded the interest at the

¶51

rate of 6% per annum from the date of petition till

¶52

5 - NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶53

HC-KAR

¶54

CNR: KAHC010255582023

¶55

realization and directed respondent No.2/insurer to deposit the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation.

¶56

Heard the learned counsel for appellants and

¶57

learned counsel for respondent No.2/insurer.

¶58

Learned counsel for the appellants would contend that, there is calculation error in calculating loss of dependency wherein 2/3^rd of the income has been deducted for personal expenses instead of 1/3^rd . The Tribunal has not taken into consideration future prospects and considering the age of deceased, future prospects are to be taken into consideration. The Tribunal has rightly applied multiplier '9'. The Tribunal has rightly taken the income of the deceased at Rs.14,000/- per month. With these, he prayed to allow the appeal.

¶59

Learned counsel for respondent No.2/insurer

¶60

submits that, there is a calculation error as submitted by

¶61

6 - NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶62

HC-KAR

¶63

CNR: KAHC010255582023

¶64

the learned counsel for appellants. He further submits that, the compensation awarded for love and affection, funeral expenses and loss of estate are on higher side. The Tribunal has rightly held that the deceased has contributed to the accident to the extent of 50% and therefore, the insurer is liable to pay 50% of the award amount. With these, he prayed for dismissal of the appeal.

¶65

Having heard both the learned counsel for appellants and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award.

¶66

The accident occurred on 17.05.2019 and at that time of accident, the deceased was aged sixty (60) years. The Tribunal has rightly taken the income of the deceased at Rs.14,000/- and applied multiplier '9'. Even though, the Tribunal has observed that 1/3^rd is to be deducted towards personal expenses of the deceased, but while calculating 2/3^rd has been deducted. Considering the

¶67

¶68

HC-KAR

¶69

NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶70

CNR: KAHC010255582023

¶71

age of the deceased as sixty (60) years, future prospects

¶72

at 10% to be taken which has not been considered by the Tribunal. In view of the above, loss of dependency is calculated as under:

¶73

Rs.14,000 + 10% (1,400) + Rs.15,400 - 1/3^rd = Rs.10,267 X 12 X 9 = Rs.11,08,836.

¶74

The claimants are wife, son and father of the

¶75

deceased and they are entitled to consortium in a sum of Rs.40,000/with 10% escalation which comes to Rs.1,32,000/- (Rs.44,000 X 3).

¶76

The Tribunal has awarded loss of love and

¶77

affection in a sum of Rs.1,50,000/-. In view of award of consortium, the claimants are not entitled to loss of love and affection of Rs.1,50,000/- as awarded by the Tribunal.

¶78

The Tribunal has awarded funeral expenses and transportation of dead body at Rs.25,000/- and loss of estate at Rs.15,000/-. The claimants are entitled to funeral

¶79

8 - NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶80

HC-KAR

¶81

CNR: KAHC010255582023

¶82

expenses and transportation of dead body at Rs.16,500/-

¶83

and loss of estate at Rs.16,500/-.

¶84

Considering all the above aspects, the claimants

¶85

are entitled to total compensation under various heads as

¶86

under:

¶87

Sl.	Particulars		Amount
No.
1.	Loss of dependency	Rs.	11,08,836/-
2.	Funeral & transportation expenditure	Rs.	16,500/-
3.	Loss of consortium	Rs.	1,32,000/-
4.	Loss of estate	Rs.	16,500/-
	Total	Rs.	12,73,836/-

¶88

The Tribunal has rightly held that there is contributory negligence on the part of the deceased to the extent of 50%. In view of the same, the claimants are entitled to the extent of 50% of the award amount from respondent No.2/insurer. The said 50% of the compensation is Rs.6,36,918/- (50% of Rs.12,73,836/-). The Tribunal has awarded Rs.3,64,500/-.

¶89

9 - NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶90

HC-KAR

¶91

CNR: KAHC010255582023

¶92

Considering the same, the claimants are

¶93

entitled to enhanced compensation of Rs.2,74,418/(6,36,918 - 3,64,500) with interest at the rate of 6% per annum from the date of petition till realisation.

¶94

Respondent No.2/insurer is liable to pay

¶95

enhanced compensation amount with interest.

¶96

In view of the above, the following:

¶97

ORDER

¶98

i) Miscellaneous First Appeal is allowed-inpart .

¶99

ii) The appellants/claimants are entitled to enhanced compensation of Rs.2,74,418/with interest at the rate of 6% per annum from the date of petition till realisation.

¶100

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, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

¶101

10 -

¶102

HC-KAR

¶103

NC: 2026:KHC:38087 MFA No. 3412 of 2023

¶104

CNR: KAHC010255582023

¶105

iv) The claimants are not entitled to interest for the delay period of 208 days in filing the appeal.

¶106

v) Claimants Nos.2 and 3 are entitled to a sum of Rs.50,000/- each with interest.

¶107

vi) Claimant No.1 is entitled to remaining amount of Rs.1,14,418/- with interest.

¶108

vii) The claimants are entitled to release of entire enhanced compensation with interest.

¶109

Sd/-

¶110

(SHIVASHANKAR AMARANNAVAR) JUDGE

¶111

KLV

¶112

List No.: 1 Sl No.: 32

Vennila Nagaraj N v. M/S Transport Corporation

Case brief

What is this about?

What did the court decide?

Vennila Nagaraj N v. M/S Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

H S Roopavani Vs Khalel Basha

Yashwantha Vs Gopala

Shivashankara H.N. Vs Afnan Sharief

Yogesh @ Yogehash Vs Manjit Singh Chhabra

Mubashir. a @ Asif Vs Narasimha Murthy. C

Naveenkumar. H. U. Vs Narasimha Murthy. C