Smt. Yashodhamma, Vs Mr. Umesha M

CHOLA MS GENERAL INSULRANCE COMPANY LTD REGIONAL OFFICE UNIT No.04 9^TH FLOOR LEVEL -06 GOLDEN HEIGHTS COMPLEX 59^TH ‘C’ CROSS ROAD 4^TH MAIN BLOCK INDUSTRIAL SUBURB RAJAJINAGAR BENGALURU – 560 010. REGISTERED OFFICE, 2^ND FLOOR DARE HOUSE, 2 N. S .C. BOSE ROAD CHENNAI – 600 001.

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…RESPONDENTS

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(BY SRI D VIJAYA KUMAR, ADVOCATE FOR R2 V/O DTD. 12.01.2026, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:15.04.2025 PASSED IN MVC No.4078/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2026:KHC:32592 MFA No. 7405 of 2025

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by claimants seeking

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enhancement of compensation awarded in the judgment and award dated 15.04.2025 passed in MVC No.4078/2023 by Chief Judge, court of small causes and Principal MACT, Bengaluru.

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2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2.

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3. Appellants –claimants made a claim petition praying to award compensation for the death of Kanthaiah in a road traffic accident which took place 25.04.2023, contending that accident occurred due to rash and negligent driving of the rider of motorcycle bearing registration No.KA-10/ED-8574. The Tribunal recorded the evidence, appreciating the evidence on record, assessed

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4 - NC: 2026:KHC:32592 MFA No. 7405 of 2025

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HC-KAR

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the compensation and awarded compensation under

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different heads as under:

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SL.No.	Head of Compensation	Amount In Rs
1	Loss of dependency	8,96,028-00
2	Loss of estate	16,500-00
3	Funeral expenses	16,500-00
4	Loss of Consortium to petitioner No.1	44,000-00
	Total	9,73,028-00

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4. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realization and directed respondent No.2 - Insurer to pay the award amount with interest. The claimants filed the present appeal seeking enhancement of compensation.

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5. Heard learned counsel for appellants and learned counsel for respondent No.2 - Insurer.

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6. Learned counsel for appellants -claimants would

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contend that claimant Nos.2 and 3 are the sons of the deceased and they have not been awarded consortium. The claimants are entitled to escalation at 20% since the

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5 - NC: 2026:KHC:32592 MFA No. 7405 of 2025

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HC-KAR

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accident has taken place after 06 years from the date of decision of the Hon'ble Apex Court in the case of National Insurance Co. Ltd Vs Pranay Sethi and Ors¹ . With

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these, he prays to allow the appeal and enhancement of compensation.

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7. Learned counsel for respondent No.2 -insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement of compensation.

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8. Claimants are wife and two sons of the deceased. Therefore, they are entitled to consortium of Rs.40,000/- each with 20% escalation since accident occurred after 6 years of the decision of the Hon'ble Apex Court in the case of Pranay Sethi (supra) and c laimants are also entitled to Rs.15,000/- with escalation at 20% towards loss of estate and Rs.15,000/- with escalation at 20% towards funeral expenses which comes to

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1 In AIR 2017 SC 5157

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6 - NC: 2026:KHC:32592 MFA No. 7405 of 2025

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HC-KAR

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Rs.18,000/- (Rs.15,000/- x20%) respectively as against

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Rs.16,500/- each as awarded by the Tribunal.

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9. Considering the above aspects, the Tribunal has

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rightly awarded loss of dependency in a sum of Rs.8,96,028/-. In view of the above, the claimants are

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entitled to total compensation as under:

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SL.No.	Head of Compensation	Amount In Rs
1	Loss of dependency	8,96,028-00
2	Loss of estate	18,000-00
3	Funeral expenses	18,000-00
4	Loss of Consortium with escalation 20%	1,44,000-00
	Total	10,76,028-00

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10. The claimants are entitled to total compensation

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of Rs.10,76,028/- as against Rs.9,73,028/- as awarded by Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Consequently, claimants are entitled to enhanced compensation of Rs.1,03,000/(Rs.10,76,028/- minus Rs.9,73,028/-) with interest at the rate of 6% per annum from the date of petition till

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7 -

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NC: 2026:KHC:32592 MFA No. 7405 of 2025

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HC-KAR

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realization. Respondent No.2 - Insurer is liable to pay enhanced compensation amount with interest.

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11. In view of the above, the following:

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ORDER

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i) The appeal is allowed in part.

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ii) The claimants are entitled to enhanced compensation of Rs.1,03,000/- with interest at the rate of 6% per annum from the date of the petition till realization.

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iii) Respondent No.2 - Insurer shall deposit the enhanced compensation 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.

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