Smt. Nagarathna v. M/S. Venkateshwara Hatcheries Pvt. Ltd.,

((((((((((((HC-KAR, NC:(2026:KHC:43759( MFA(No.(3636(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010266882023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.3636(OF(2023(MV-D)(

BETWEEN:(( (

1., SMT.,NAGARATHNA,, W/O,LATE,G.R.,MUNIVENKATAPPA,,

NOW,AGED,ABOUT,60,YEARS,, RESIDING,AT,M,V,EXTENSION,, RD3 ,,CROSS,,BEHIND,SUJATHA,,

KALYANA,MANTAP,,

HOSAKOTE,TOWN,, BANGALORE,RURAL,DISTRICT., ,

2., SRI.,G.M.,RAGHUNATH,, S/O,LATE,G.R.,MUNIVENKATAPPA,,

NOW,AGED,ABOUT,42,YEARS,, RESIDING,AT,WARD,NO.19,, Digitally signedtiby AERO,PRIDE,LAYOUT,, REKHA0R VIJAYAPURA,ROAD,,

Location: DEVANAHALLI,, High BANGALORE,RURAL,DISTRICT.,Courttiof Karnataka …APPELLANTS, (BY,SRI.,GOPAL,KRISHNA,N.,,ADVOCATE,FOR, ,,,,,,SMT.,SUSHMITHA,G.,,ADVOCATE), AND:( (

1., M/S.,VENKATESHWARA,HATCHERIES,PVT.,LTD.,, SITE,NO.6,,GANESH,CHAMBERS,, RD3 ,,FLOOR,,DODDABANASWADI,MAIN,ROAD,, NEAR,RAMAMURTHY,NAGAR,SIGNAL,, ((((((((((((HC-KAR, NC:(2026:KHC:43759( MFA(No.(3636(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010266882023( ( ( BANGALORE,-,560,043., REP,BY,ITS,PROPRIETOR., ,

2., THE,NEW,INDIA,ASSURANCE,CO.,LTD.,, MOTOR,TP,HUB,, MAHALAKSHMI,CHAMBERS,, NDNO.9,,2 ,,FLOOR,,M.G.,ROAD,, BENGALURU,-,560,001., REP,BY,ITS,MANAGER., …RESPONDENTS, (BY,SRI.,H.R.,RENUKA,,ADVOCATE,FOR,R2,, ,,,,,,VIDE,ORDER,DATED,13.08.2026,NOTICE,TO,R1, ,,,,,,IS,DISPENSED,WITH), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, 1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED,

17.08.2022,,PASSED,IN,MVC,NO.4470/2020,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., , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, ,HON'BLE,MR.,JUSTICE,T.M.NADAF, , (

ORAL JUDGMENT

This appeal is by claimant seeking enhancement of compensation arising out of judgment and award dated

15.09.2021, in MVC.No.2871/2018 passed by the VIII Additional Small Causes Judge and Motor Accident Claims Tribunal (SCCH-5), at Bengaluru1.

¶2The parties are referred to as per their ranking before the Tribunal.

¶3Heard Sri.Gopal Krishna.N, learned counsel for Smt.Sushmitha.G, learned counsel for the appellant/claimant and Smt.H.R.Renuka, learned counsel for respondent No.2-Insurer. Vide order dated 13.08.2026, notice of this appeal is dispensed with in respect of respondent No.1.

¶4Sri.Gopal Krishna.N, argued this matter only on two counts; first is, the deceased sexagenarian succumbed

1 "Tribunal" for short

to the injuries, survived by his wife and a son. The Tribunal has considered the personal expenses towards deceased at 50% instead of 1/3rd. He further submits that in view of settled position of law, the claimants are also entitled for 10% escalation on two terms of three completed years, on the compensation awarded under the convention head, as the accident occurred on 06.08.2020 and sought all allow the appeal.

¶5Though Smt.H.R.Renuka, though argued in support of the judgment and award passed by the Tribunal, but she is not in serious dispute with the settled position of law towards personal deduction in case of married person. She further submits that they are entitled for 10% escalation for one completed three years as the accident occurred on 06.08.2020.

¶6Having considered the rival submissions, this Court is of the opinion that the Tribunal taking into consideration of the fact that the deceased was performing

Harikatha rightly considered the monthly income of the deceased at Rs.20,000/-. Further in view of 2 completed terms of three years, since 06/08/2020 this Court is of the opinion that Claimants are entitled for 20% escalation. This Court finds force in the argument advanced by Sri.Gopal Krishna.N, learned counsel that the Tribunal erred in deducting 50% instead of 1/3rd towards personal expenses instead of 50%.

¶7Accordingly, this Court proceed to reassess the compensation awarded by the Tribunal which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of dependency 8,40,000-00 11,20,000-00 (20,000x12x7x2/3)

¶2Loss of estate 15,000-00 15,000-00

¶4Funeral expenses 15,000-00 15,000-00

¶5Loss of consortium to wife 40,000-00 40,000-00

¶6Loss of parental consortium 40,000-00 40,000-00

¶620% escalation on two terms of three completed years. - 22,000-00

TOTAL 10,22,300-00 12,52,000-00

¶8The claimants are entitled for enhanced compensation of Rs.2,29,700/- (Rs.12,52,000-Rs.10,22,300) rounded off to Rs.2,30,000/- with interest at the rate 6% interest per annum from the date of petition till realization.

¶9For the foregoing reasons, this Court proceedings pass the following: ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 17.08.2022 passed by the Tribunal in MVC.No.4470/2020

is modified and enhanced to Rs.2,30,000/- with interest at the rate of 6% per annum from the date of petition till realization.

(iii) Respondent No.2-Insurer shall deposit the entire enhanced compensation along with

accrued interest stated supra within six weeks from the date of receipt of copy of this order before the concerned Tribunal.

(iv) Upon deposit the entire amount is ordered to be released in favour of the appellant/claimant No.1 (wife) on proper identification.

(v) The Registry to send back the trial Court record to the concerned Tribunal, without causing any delay.

(vi) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 11 ct-vn