Smt Savithri G P Vs Sri Munesh Kumar C S

Digitally signed ALL ARE R/AT: by NO.6, MATHRUSHREE NILAYA, PADMASHREE SHEKHAR ANANTHAPURA MAIN ROAD, DESAI ANANTHAPURA, SINGANAYAKANAHALLI, Location: High BENGALURU - 560 064.

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Location: High Court of Karnataka

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&APPELLANTS

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(BY SRI. TEJAS N.,ADVOCATE)

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AND:

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SRI MUNESH KUMAR C S S/O. SRINIVASAMURTHY C S, AGE MAJOR, R/AT NO.31,

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2 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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CHANDRAPPA CIRCLE, CHUNCHANAKUPPE, BENGALURU - 560 064. (OWNER OF THE ASHOK LEYLAND VEHICLE BEARING REG NO.KA-53-B-9694)

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THE MANAGER,

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ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., OFF 30, 3RD FLOOR, JR CITY CENTER, HOTEL IBS COMPLEX, OPP. KANTEERVA STADIUM, RAJARAM MOHAN ROY ROAD, SR NAGAR, BENGALURU - 560 027. (POL. NO.VGC0519172000104 VALID FROM 30-06-2022 TO 29-06-2023)

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&RESPONDENTS

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(BY SRI. N.A. MALLIKARJUNA REDDY N, ADVOCATE FOR SRI. B PRADEEP, ADVOCATE FOR R2 V/O DTD 25.09.2025, NOTICE TO R1 D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2025 PASSED IN MVC NO. 1306/2023 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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3 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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THIS APPEAL, COMING ON FOR ADMISSION, THIS

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DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 01.04.2025 passed in MVC No.1306/2023 on the file of the XXII Additional SCJ and ACJM, Member 3 MACT, Bengaluru, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as before the Tribunal for the sake of convenience.

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Brief facts of the case are that, Varun S. R, met with an accident on 17.02.2023 and died subsequently. His

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4 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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parents and sister filed a claim petition claiming compensation of Rs.60,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.26,00,700/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, the claimants preferred this appeal and mainly contended that the Varun S. R was working as a driver in Maruthi Associate and earning Rs.30,000/- per month. The appellants have filed bank statement and driving license of the deceased under Ex.P.9 and Ex.P.10. It is further contended that the Tribunal erred in deducting 50% towards personal expenses instead of 1/3^rd and has granted meager amounts under the conventional heads. It is also contended that interest is to be granted at the rate of 12% per annum. Thus, requested for enhancement of the compensation.

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5 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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Learned counsel for respondent No.2-Insurance

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Company stated that though the petitioners filed a statement of account, he has not examined the employer and the bank statement is filed only for two months prior to the accident. Mere filing of a driving license is not sufficient. A letter issued by the employer is also not filed to show that he was working with him. Therefore, the Tribunal has rightly considered the notional income and the same is to be confirmed. He further stated that the Tribunal has granted reasonable amounts under the other heads and it does not call for interference.

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Though the petitioners stated that Varun was aged 20 years, working as a driver and earning Rs.30,000/- per month, they have not examined the employer but have filed a bank statement. As per the bank statement, a sum of Rs.21,569/- was credited to his account on 06.01.2023 and Rs.25,314/- on 02.02.2023. It is further stated that steps were taken to examine the employer and a bailable warrant was also issued, but he

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6 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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did not appear before the Tribunal. As such, they could not examine him as their witness. The petitioners have filed driving license of the deceased under Ex.P10. This clearly shows that Varun was a driver at the time of the accident. Therefore, this Court finds it just and reasonable to take his income as Rs.18,000/- per month. The deceased was aged 20 years and the relevant multiplier applicable is 18. The claimants are entitled to 40% addition towards future prospects. Since the deceased was a bachelor, 50% is to be deducted towards personal expenses. Accordingly, the loss of dependency comes to Rs.18,000 + 40% x 12 x 18 3 50% = Rs.27,21,600/-. Petitioner Nos.1 and 2 (parents) are entitled to Rs.48,000/- each towards filial consortium. The claimants are further entitled to Rs.36,000/- under conventional heads.

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Thus in all, compensation awarded by this Court

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is as below:

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7 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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Sl.Nos.	Particulars	Amount in Rs.
1	Loss of dependency	27,21,600
2	Filial consortium to
	Petitioner No.1	48,000
	Petitioner No.2	48,000
3	Conventional heads	36,000
	Total	28,53,600

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Hence, the appellants-claimants are entitled to

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a total compensation of Rs.28,53,600/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 01.04.2025 passed in MVC No.1306/2023 on the file of the XXII Additional SCJ and ACJM, Member

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3 MACT, Bengaluru, is modified.

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8 - NC: 2026:KHC:21686 MFA No. 4755 of 2025

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HC-KAR

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iii. The claimants are entitled to a sum of Rs.28,53,600/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.26,00,700/- granted by the tribunal.

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iv. Respondent No.2 has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of

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Rs.2,52,900/- along with the interest at the rate of 6% within one month from the date of this order.

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v. On such deposit, petitioner No.1/mother of the deceased is permitted to withdraw the said amount along with interest accrued on

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the same.

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Sd/(P SREE SUDHA) JUDGE

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SHS/List No.: 1 Sl No.: 64

Smt Savithri G P v. Sri Munesh Kumar C S

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Smt Savithri G P v. Sri Munesh Kumar C S

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