SMT VENKATALAKSHMAMMA v. THE REGIONAL MANAGER
Court: High Court of Karnataka
Bench: P SREE SUDHA
Judgment date:
Case summary
High Court of Karnataka judgment dated 2026-04-16. SMT VENKATALAKSHMAMMA v. THE REGIONAL MANAGER. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 7006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 16 DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7006 OF 2025 (MV-D) BETWEEN: 1. SMT. VENKATALAKSHMAMMA W/O LATE SHIVANNA, NOW AGED ABOUT 43 YEARS, 2. SRI. CHIRANJEEVI S/O. LATE SHIVANNA, NOW AGED ABOUT 24 YEARS, 3. KUMARI CHITHRALEKHAA G. S D/O LATE SHIVANNA, NOW AGED ABOUT 21 YEARS, 4. SRI. VENKATAPPA S/O CHIKKAMUNIYAPPA, NOW AGED ABOUT 70 YEARS, APPELLANT NO. 1 AND 3 ARE RESIDING AT GAMBEERANAHALLI VILLAGE, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT. APPELLANT NO. 2 AND 4 ARE RESIDING AT NISHANTH PRIDE, B. NARAYANAPURA, - 2 - MFA No. 7006 of 2025 BENGALURU EAST TALUK, BENGALURU - 560 016. …APPELLANTS (BY SMT. SUSHMITHA G, ADVOCATE) AND: THE REGIONAL MANAGER APSRTC, MADANAPALLI TOWN, ANDHRA PRADESH. AND ALSO AT THE MANAGER (ASSISTANT TRAFFIC MANAGER) APSRTC, BENGALURU POINT, KSRTC BUS STAND, MAJESTIC, BENGALURU - 560 009. …RESPONDENT (BY KUM.
SONALI, ADVOCATE FOR SRI. D. VIJAYA KUMAR, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 11. 02. 2025 PASSED IN MVC NO. 6298/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL MACT, 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: - 3 - MFA No. 7006 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the learned counsel for both parties. 2. This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 11. 02. 2025 passed in MVC No. 6298/2022 on the file of the Chief Judge, Court of Small Causes, Member Principal MACT, Bengaluru, for enhancing the compensation. 3. Brief facts of the case are that, one Shivanna, met with an accident on 11. 04. 2022 and died subsequently.
His wife, children and parents filed claim petition claiming compensation of Rs. 50,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs. 20,58,850/-with interest at the rate of 6% per annum from the date of petition till its realisation. It is stated in the cause title that petitioner No. 4, the mother of the deceased, expired on - 4 - MFA No. 7006 of 2025 15. 05. 2024 during the pendency of the appeal. Being aggrieved by the said order, the claimants have preferred this appeal and mainly contended that the Tribunal has not considered future prospects. As the deceased was aged 46 years at the time of death and was self-employed, he is entitled to 25% towards future prospects. Thus, requested for enhancement of the compensation. 4. Though the claimants stated that Shivanna was working as a mason and earning Rs. 25,000/- per month, they have not filed any income proof.
As he met with an accident in the year 2022, his notional income has been rightly considered by the Tribunal as Rs. 15,500/- per month. The deceased was aged 46 years and the relevant multiplier applicable is 13. He is entitled for 25% towards future prospects and one-fourth is to be deducted towards personal expenses. Accordingly, loss of dependency comes to Rs. 15,500 + 25% x 12 x 13 – ¼ = Rs. 22,66,875/-. Petitioner No. 1 is entitled to Rs. 44,000/- towards spousal consortium. Petitioner Nos. 2 and 3 are entitled to - 5 - MFA No. 7006 of 2025 Rs. 44,000/- each towards parental consortium and Petitioner No. 5 is entitled to Rs. 44,000/- towards filial consortium. The claimants are also entitled to Rs. 33,000/- towards conventional heads. 5. Thus in all, compensation awarded by this Court is as below: Sl. Nos. Particulars Amount in Rs. 1 Towards loss of dependency 22,66,875 2 Towards spousal consortium 44,000 to petitioner No. 1 3 Towards parental consortium 44,000 to petitioner No.
2 and 44,000 Petitioner No. 3 4 Towards filial consortium to 44,000 Petitioner No. 5 4 Towards conventional heads 33,000 Total 24,75,875/- 6. Hence, the appellants-claimants are entitled for a total compensation of Rs. 24,75,875/- along with interest at the rate of 6% p. a. - 6 - MFA No. 7006 of 2025 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 11. 02. 2025 passed in MVC No. 6298/2022 on the file of the Chief Judge, Court of Small Causes, Member Principal MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs. 24,75,875/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs. 20,58,850/- granted by the tribunal. iv. Respondent has already deposited the awarded amount before the Tribunal. Therefore, the respondent is directed to deposit the enhanced compensation of Rs. 4,17,025/- along with the interest at - 7 - MFA No.
7006 of 2025 the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No. 1-wife of the deceased alone is permitted to withdraw the entire amount along with interest accrued on the same. vi. The petitioners are not entitled for interest for the delay period of 118 days as per the order on I. A. No. 1/2025 dated 6. 04. 2026. Sd/- (P SREE SUDHA) JUDGE SHS List No. : 1 Sl No. : 52
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