Sri Venkatesh Vs Ankitha P

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.30.10.2024 PASSED IN MVC NO.936/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, 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 30.10.2024 passed in MVC No.936/2024 on the file of the Additional Senior Civil

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3 - NC: 2026:KHC:15654 MFA No. 7049 of 2025

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HC-KAR

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Judge and MACT at Srirangapatana, for enhancing the compensation.

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Heard the arguments of the learned counsel for

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the appellants and learned counsel for respondent No.2/Insurance Company. Notice to respondent No.1 is dispensed with vide order dated 23.09.2025, 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 Smt. Premamma, met with an accident on 07.06.2024 and subsequently died. Her husband and son filed claim petition claiming compensation of Rs.29,80,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.13,54,360/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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4 - NC: 2026:KHC:15654 MFA No. 7049 of 2025

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HC-KAR

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It is stated that Premamma was aged about 55

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years and was doing Milk Vending business, and was earning Rs.20,000/- per month. But the Tribunal erred in taking her monthly income at Rs.13,268/- which is lower side. Parental Consortium is not granted, and contributory negligence is fixed without any material and it needs to be modified. Interest is to be granted at the rate of 12% p.a. instead of 6% p.a. The compensation awarded under the other heads are also meagre. Therefore, requested for enhancement of the compensation.

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Though it is contended that deceased was working as a Milk Vendor and was earning Rs.20,000/p.m., the claimants have not filed any material to prove the said aspect. As the deceased met with an accident in the year 2024, this Court finds it reasonable to take the notional income at Rs.16,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority.

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5 - NC: 2026:KHC:15654 MFA No. 7049 of 2025

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HC-KAR

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The deceased was aged about 55 years as per

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Post Mortem report produced at Ex.P7 which is not in dispute and the multiplier is '11' . The deceased is entitled to an addition of 10% towards future prospects, and 1/3^rd is to be deducted towards her personal expenses. Accordingly, the loss of dependency comes to Rs.15,97,200/- (16,500+10%x12x11-1/3). Petitioner No.1 is entitled to Rs.48,000/- towards spousal consortium and petitioner No.2 is entitled to Rs.48,000/- towards parental consortium, and a sum of Rs.36,000/- under the conventional heads. Thus in all, compensation awarded by this Court is as below:

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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	15,97,200/-
2	Towards spousal consortium to petitioner No.1	48,000/-
3	Towards parental consortium to petitioner No.2	48,000/-
4	Towards conventional heads	36,000/-
	Total	17,29,200/-

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6 - NC: 2026:KHC:15654 MFA No. 7049 of 2025

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HC-KAR

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Hence, the appellants-claimants are entitled for

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a total compensation of Rs.17,29,200/- 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 30.10.2024 passed in MVC No.936/2024 on the file of the Additional Senior Civil Judge & MACT, at Srirangapatna, is modified.

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iii. The claimants are entitled to a sum of Rs.17,29,200/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.13,54,360/- granted by the tribunal.

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iv. Respondent No.2/Insurance Company has

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already deposited the awarded amount before the Tribunal. Therefore, respondent

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7 - NC: 2026:KHC:15654 MFA No. 7049 of 2025

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HC-KAR

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No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.3,74,840/- 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, both the claimants are permitted to withdraw the entire amount along with interest accrued on the same, as per the apportionment of the Tribunal.

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vi. However, the appellants-claimants are not entitled for interest for the delayed period of 231 days as per the order dated 17.03.2026.

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Sd/(P SREE SUDHA) JUDGE

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HR

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List No.: 1 Sl No.: 24

Sri Venkatesh v. Ankitha P

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Sri Venkatesh v. Ankitha P

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