Sri.T.P.Rachachari v. Sri.Thimmabovi

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 6552 OF 2025 (MV-D) BETWEEN:

¶1SRI.T.P.RACHACHARI S/O LATE PUTTARACHACHARI AGE 59 YEARS.

¶2SMT. P SHOBHA S/O T.P RACHACHARI AGE 47 YEARS.

¶3SRI HEMANTHKUMER R S/OT.P.RACHACHARI AGE 26 YEARS.

ALL ARE R/AT JAKKEGOWDANADODDI VILLAGE SATHANOOR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 117.

…APPELLANTS (BY SRI. PRAKASH M H, ADVOCATE)

AND:

¶1SRI.THIMMABOVI S/O DODDABOVI AGE: MAJOR R/AT: MUNIYABOVIDODDI VILLAGE,

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:45206( MFA(No.(6552(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010581142025( ( ( GUTHALAHUNASE,POST,, KANAKAPURA,TALUK, RAMANAGARA,DIST.,–,562,117., ,,

2., CHOLA,MS,GEN.,INS.CO.LTD.,, THOFFICE,AT,UNIT,NO.04,,9 ,,FLOOR,,, LEVEL,-06,,,GOLDEN,HEIGHTS,COMPLEX,, TH TH59 ,C,CROSS,,ROAD,4 ,,M,BLOCK,, INDUSTRIAL,SUBURB, RAJAJINAGARA, BANGALORE,–,560,010., , …RESPONDENTS, , (BY,SRI,MALLIKARJUNA,REDDY,,N,A,,ADVOCATE,FOR, ,SRI,B,PRADEEP,,ADVOCATE,FOR,R2, ,NOTICE,TO,R1,IS,D/W,V/O,DTD.,30.1.2026), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:28.02.2025, PASSED, IN, MVC, No.2021/2024, ON, THE, FILE, OF, THE, IX, ADDITIONAL, SMALL, CAUSES, JUDGE,, COURT, OF, SMALL, CAUSES,, MEMBER,, MACT-7,, BENGALURU,(SCCH-7),,,,,,,, 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,SHIVASHANKAR,AMARANNAVAR, , ORAL(JUDGMENT( , This, appeal, is, filed, by, the, appellants/claimants, seeking, enhancement, of, compensation, awarded, in, judgment, and, award, dated, 28.02.2025, passed, in, MVC,

No.2021/2024 by the IX Additional Small Causes Judge, Court of Small Causes, Member, MACT-7, Bengaluru.

¶2Even 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/insurer.

¶3The appellants/claimants made a claim petition praying to award compensation for the death of Rajeev in a road traffic accident occurred on 18.02.2024 contending that the accident occurred due to rash and negligent driving of the driver of Tractor and Trailer bearing Regn.No.KA-51-D-5236 and KA-51-D-5237. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of dependency 22,49,100/-

¶02Funeral expenses 15,000/-

¶03Loss of estate 15,000/-

¶04Loss of filial consortium 1,20,000/-

¶05Loss of love and affection 1,50,000/-

¶06Hospital and medical expenses 2,99,327/-

Total 28,48,427/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest.

The claimants seeking enhancement of compensation have filed the present appeal.

¶5Heard learned counsel for the appellants and learned counsel for respondent No.2/insurer.

¶6Learned counsel for appellants would contend that deceased was running automobile mechanic shop and had obtained license from the panchayath, a copy of which is produced at Ex.P22. Inspite of that the Tribunal has taken notional income. The Tribunal has not considered the escalation at 20% on conventional heads. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that claimants have not produced any

document to indicate the income of the deceased and considering the same, the Tribunal has rightly taken the notional income. The compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With this he prayed to dismiss the appeal.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The accident occurred on 18.02.2024 and as on the date of accident, the deceased was aged 28 years. Even though it is contended that the deceased was running automobile mechanic shop by obtaining license as per Ex.P22, but what was the income of the deceased has not been placed on record. Considering the said aspect, the notional income of the deceased has to be taken. The Tribunal has taken notional income at Rs.15,750/-. As per chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is

Rs.17,000/-and the same has to be taken. The Tribunal has rightly added 40% towards future prospects, deducted 50% towards personal expenses of the deceased since he was a Bachelor and applied multiplier '17' considering the age of the deceased as 28 years. In view of the above, the loss of dependency is calculated as under: Rs.17,000+40%(6,800)= Rs.23,800 – 50% = Rs.11,900/-Rs.11,900 x 12 x 17 = Rs.24,27,600/-

¶10The claimants are the parents and brother of deceased and they are entitled to consortium in a sum of Rs.40,000/- with 20% escalation i.e. Rs.48,000 x 3 = Rs.1,44,000/- as against Rs.1,20,000/- awarded by the Tribunal. As the consortium is awarded, the claimants are not entitled to loss of love and affection separately awarded in a sum of Rs.1,50,000/-. Even though the Tribunal has awarded funeral expenses and loss of estate but not added 20% escalation. Therefore, the claimants are entitled to funeral expenses of Rs.18,000/- and loss of

estate at Rs.18,000/-. The Tribunal has rightly awarded medical expenses.

¶11In view of the above, the claimants are entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of dependency 24,27,600/-

¶02Loss of consortium 1,44,000/-

¶03Funeral expenses 18,000/-

¶04Loss of estate 18,000/-

¶05Medical expenses 2,99,327/-

Total 29,06,927/-

¶12Considering the above aspects, the claimants are entitled to total compensation of Rs.29,06,927/- as against Rs.28,48,427/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimants are entitled to enhanced compensation of Rs.58,500/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.

¶13In view of the above, the following:

ORDER

i) The appeal is allowed in part.

ii) The appellants/claimants are entitled to enhanced compensation of Rs.58,500/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) Claimant No.1 is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 2 Sl No.: 38 Ct.sm