Sushma H M Vs Shashi Kumar D

APPELLANT NO.2 IS MINOR REP. BY HIS MOTHER AND N/G APPELLANT NO.1 ALL ARE R/A KOTHANUR, SHIDLAGATTA TALUK, CHIKKABALLAPURA -562105 APPELLANT NO.1 IS ALSO R/AT HULUGUMMANNAHALLI, KAIWARA, CHIKKABALLAPURA, KARNATAKA-563 128.

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…APPELLANTS

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(BY SRI. RAGHU. R, ADVOCATE)

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2 - NC: 2026:KHC:20180 MFA No. 832 of 2025

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HC-KAR

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AND:

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SHASHI KUMAR. D., MAJOR, S/O. DEVARAJU, R/AT CHIKKATHEKEHALLI VILLAGE, BASETTIHALLI POST, SHIDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT-563 135.

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THE MANAGER, IFFCO TOKIO GEN. INS. CO. LTD., SRI SHANTHI TOWER, 5^TH FLOOR, NO. 141, 3^RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGARA, BENGALURU-560043.

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…RESPONDENTS

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(V/O DATED 31.07.2025, NOTICE TO R1 D/W; BY SRI. P.S. JAGADISH, ADVOCATE FOR R2.)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THEJUDGMENT AND AWARD DATED 29.06.2024 PASSED IN MVC NO.3640/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU SCCH-16, THE 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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NC: 2026:KHC:20180 MFA No. 832 of 2025

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HC-KAR

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ORAL JUDGMENT

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Heard the arguments of both sides.

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This appeal is filed by the appellants/claimants

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under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 29.06.2024 passed in MVC No.3640/2022 by the X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, (for short, 'the Tribunal') seeking enhancement of compensation.

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Brief facts of the case are that, one Sri. Shiva Kumar K.C., met with a road traffic accident on 26.05.2022 and died subsequently. His wife, children and mother filed the claim petition claiming compensation of Rs.3,00,00,000/-. The Tribunal, after considering the entire evidence on record, awarded a total compensation of Rs.31,57,500/- with interest at the rate of 6% per annum from the date of petition till the date of realisation.

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NC: 2026:KHC:20180 MFA No. 832 of 2025

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HC-KAR

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Aggrieved by the said award, the claimants

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have preferred the present appeal and mainly contended that Shivakumar was doing agriculture and milk vending business and earning Rs.20,00,000/- per annum, but the Tribunal has taken his income at Rs.15,500/- per month. The accident occurred on 26.05.2022, but he died on 29.05.2022 while taking treatment. The amounts granted under the other heads are meagre and the interest granted is at the higher rate. Therefore, requested for enhancement of the compensation.

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Though it is stated that Shivakumar was earning Rs.20,00,000/- per annum, he has not filed any income proof. As he met with an accident in the year 2022, the Tribunal has rightly considered his notional income as Rs.15,500/- per month and the same is confirmed. He was aged about 39 years and the relevant multiplier is '15' and he is entitled for 40% towards future prospects and 1/4^th has to be deducted towards personal expenses. Accordingly, the loss of dependency

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HC-KAR

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comes to Rs.29,29,500/- (Rs.15,500+40%X12X15-1/4).

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The Tribunal has granted Rs.1,92,000/towards consortium to the wife, children and parents and also granted Rs.36,000/- under the conventional heads and the same are confirmed. Though the petitioner has incurred Rs.3,78,180/- towards medical bills under Exs.P13 and 14 and it was not marked by inadvertence and the same was not granted by the Tribunal. Therefore, this Court finds it reasonable to grant an amount of Rs.3,78,180/- towards medical expenses.

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Thus, the compensation awarded by this Court is as follows:

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Particulars	Amount in Rs.
Loss ofdependency	29,29,500.00
Loss of Consortium	1,92,000.00
Conventional heads	36,000.00
Medical expenses	3,78,180
Total	35,35,680.00

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In summary, the appellants/claimants are entitled to a total compensation of Rs.35,35,680/- as

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NC: 2026:KHC:20180 MFA No. 832 of 2025

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HC-KAR

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against Rs.31,57,500/- awarded by the Tribunal. The enhanced compensation comes to Rs.3,78,180/-. To this

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extent, the award passed by the Tribunal is modified.

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In the result, pass the following:

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ORDER

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i. The appeal is allowed in part.

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ii. The judgment and award dated 29.06.2024 passed in MVC No.3640/2022, by the X Addl. Judge, Court of Small Causes and Member, MACT, Bengaluru, is hereby modified;

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iii. The appellants-claimants are entitled to enhanced compensation of Rs.3,78,180/-. (Rs.35,35,680/minus Rs.31,57,500/-) with interest at the rate of 6% per annum from the date of petition till its realization.

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