Bhagyamma Vs Nagaraja E C

Digitally signed by PADMASHREE 1. NAGARAJA E.C, SHEKHAR DESAI S/O CHANDRAPPA, Location: High NOW AGED ABOUT 40 YEARS, Court of Karnataka R/O HOUSE. NO.1761/32, 17TH CROSS, ANJANEYA BADAVANE, DAVANAGERE NAGARA, DAVANAGERE.

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L.K. LINGARAJA S/O LATE. L KENCHAPPA, NOW AGED ABOUT 60 YEARS, AGRICULTURIST,

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NC: 2026:KHC:8167 MFA No. 5897 of 2025

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HC-KAR

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R/O ANJANEYA BADAVANE, DAVANAGERE, NAGARA, DAVANAGERE.

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M/S CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED, UNIT NO.4, 9TH FLOOR, (LEVEL-6) 59C CROSS, 4TH M BLOCK, INSDUSTRIAL SUBARBH, RAJAJINAGARA, BANGALORE - 560 010.

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…RESPONDENTS

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(BY SRI. MURALIDHAR N, ADVOCATE FOR R3; VIDE ORDER DATED 06.08.2025, NOTICE TO R1 AND R2 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2024 PASSED IN MVC NO.422/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-12, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 06.04.2024 passed in MVC No.422/2022 on the file of the Additional Senior Civil

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NC: 2026:KHC:8167 MFA No. 5897 of 2025

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HC-KAR

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Judge and Additional MACT-12, Bhadravathi, for enhancing the compensation.

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Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.3/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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Brief facts of the case are that, one M. Madan Kumar S/o Mallesh, met with an accident on 23.01.2022 and died subsequently. His parents filed claim petition claiming compensation of Rs.46,65,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.22,62,400/- with interest at the rate of 6% per annum from the date of petition till its realisation. Being aggrieved by the said order, claimants have preferred this appeal.

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It is stated that the deceased-M. Madan Kumar,

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was doing agricultural work and was a JCB driver, earning Rs.30,000/- per month. But the Tribunal erred in taking

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4 - NC: 2026:KHC:8167 MFA No. 5897 of 2025

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HC-KAR

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the income at Rs.14,500/- per month. The Tribunal has granted meagre compensation under the conventional heads and the interest is to be granted at the rate of 9%. Therefore, requested for enhancement of the compensation.

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Though it is stated that the deceased was earning Rs.30,000/- per month, the claimants have not filed any income proof. As the accident occurred in the year 2022, this Court finds it reasonable to take the notional income of the deceased at Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 24 years and the applicable multiplier is ‘18’. The claimants are also entitled to an addition of 40% towards future prospects. Since the deceased was a bachelor, 50% of the income is to be deducted towards his personal expenses. Accordingly, the loss of dependency comes to

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Rs.23,43,600/- (15,500 + 40% × 12 × 18 × 50%). The petitioners are parents of the deceased and each of them

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5 - NC: 2026:KHC:8167 MFA No. 5897 of 2025

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HC-KAR

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are entitled to a sum of Rs.44,000/- towards filial consortium. They are also entitled to a sum of Rs.33,000/- under the 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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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	23,43,600/-
2	Towards filial consortium	88,000/-
4	Towards conventional heads	33,000/-
	Total	24,64,600/-

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Hence, the appellants-claimants are entitled for

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a total compensation of Rs.24,64,600/- 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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6 - NC: 2026:KHC:8167 MFA No. 5897 of 2025

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HC-KAR

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ii. The judgment and award dated 06.04.2024 passed in MVC No.422/2022 on the file of the Additional Senior Civil Judge and Additional MACT-12, Bhadravathi, is modified.

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iii. The claimants are entitled to a sum of Rs.24,64,600 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.22,62,400/granted by the tribunal.

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iv. Respondent No.3/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.2,02,200/- along with the interest at the rate of 6% within one month from the date of this order.

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7 - NC: 2026:KHC:8167 MFA No. 5897 of 2025

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HC-KAR

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v. On such deposit, both the claimants are permitted to withdraw the entire amount equally along with interest accrued on the same

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Sd/(P SREE SUDHA) JUDGE

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AMA

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List No.: 1 Sl No.: 95

Bhagyamma v. Nagaraja E C

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Bhagyamma v. Nagaraja E C

Case brief

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