SMT RAJA RANI ALLA CHANDANA vs N R BABU
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 23 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 4027 OF 2021 (MV-D)
BETWEEN:
1. SMT. RAJA RANI ALLA CHANDANA,
W/O CHANDANA TARAK RAMA RAO,
AGED ABOUT 32 YEARS,
TH
R/AT NO.447, 4 FLOOR,
RADIANT ENLAVE APARTMENT,
SUN CITY ROAD,
KENGERI SATELLITE TOWN,
KENGERI,
BENGALURU – 560 060.
2. TARAK RAMA RAO CHANDANA,
S/O C. G. NAIDU,
AGED ABOUT 46 YEARS,
TH
R/AT NO.447, 4 FLOOR,
RADIANT ENLAVE APARTMENT,
SUN CITY ROAD,
KENGERI SATELLITE TOWN,
KENGERI,
BENGALURU – 560 060.
3. NEEL CHANDANA
S/O TARAK RAMA RAO CHADANA,
AGED ABOUT 07 YEARS,
SINCE MINOR REPRESENTED BY
HIS FATHER AND N/G
THE SECOND APPELLANT VIZ.,
TARAK RAMA RAO CHANDANA
TH
R/AT NO.447, 4 FLOOR,
RADIANT ENLAVE APARTMENT,
SUN CITY ROAD,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
KENGERI SATELLITE TOWN,
KENGERI, BENGALURU – 560 060.
…APPELLANTS
(BY SRI. SRIDHAR D. S., ADVOCATE)
AND:
1. N. R. BABU,
S/O C. RAGHUPATHI,
AGED MAJOR,
ST
NO.172, 1 CROSS,
DODANEKUKNDI,
MARATHAHALLI,
BENGALURU – 560 037.
2. M/S. UNITED INDIA INSURANCE CO. LTD.,
R/BY ITS MANAGER,
TH
5 FLOOR, KRUSHI BHAVAN,
NRUPATHUNGA ROAD,
NEAR HUDSON CIRCLE,
BENGALOURE – 560 027.
…RESPONDENTS
(BY SMT. MANJULA N. TEJASWI., ADVOCATE FOR R2;
R1 IS SERVED)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 29.01.2020, PASSED IN
MVC.NO.5828/2018, ON THE FILE OF THE II ADDITIONAL
JUDGE AND A.C.M.M., COURT OF SMALL CAUSES AT
BENGALURU, (SCCH-13), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
ORAL JUDGMENT
This appeal has been filed by the claimant/appellants
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 29.01.2020 passed in MVC
No.5828/2018 on the file of the II Additional Judge and ACMM,
Court of Small Causes, Bengaluru (for short, ‘Tribunal’),
wherein the Tribunal awarded compensation of Rs.9,34,000/-
with interest at 6% p.a. from the date of petition till the deposit
of the amount in the Tribunal.
Brief facts of the case:
2. On 25.08.2018 at about 08.30 am, one Sai Bharath
Chandan was riding Pulsar motor cycle bearing registration
No.KA-02-EW-2541 from Kanakapura towards Bannerghatta
road. When he reached near Pillaganahalli Nice Toll, the driver
of the tipper lorry bearing registration No.KA-53-C-6516 came
in a rash and negligent manner and dashed to the rider of the
motor cycle. Due to which, he sustained grievous injuries and
died on the spot. The appellants approached the Tribunal by
filing the claim petition. The Tribunal awarded Rs.9,34,000/-
along with interest at the rate of 6% p.a.
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
3. The submission of the learned counsel for the
appellants is that the deceased was a student of II year PUC
and his income ought to have been considered along with
future prospects. However, the Tribunal did not consider the
same, therefore, the appellant is before this Court seeking
enhancement of compensation. Having said thus, he prays to
allow the appeal.
4. Per contra , learned counsel for respondent No.2
submitted that the award passed by the Tribunal is on
assessing the documents and on proper calculation. Hence,
there is no justification in seeking enhancement of said
compensation as per the averments of the appeal. Hence, the
appeal has to be dismissed. Having said thus, she prays to
dismiss the appeal.
5. Having heard the learned counsel for the respective
parties and also on perusal of the findings of the Tribunal,
admittedly, the accident occurred in the year 2018 and the
deceased was aged about 17 years and he was studying in II
PUC. The Tribunal had considered Rs.8,000/- as notional
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
income. However, the notional income for the year 2018 is
Rs.12,500/-. Therefore, it is required to add future prospects of
40%, which comes to Rs.5,000/-. The total income per month
would be Rs.17,500/- and deduction to be considered at 50%
taking into consideration he was unmarried, which comes to
Rs.8,750/- by adding multiplier ‘18’ as per the age of the
deceased. The total calculation would be is as follows under the
head of loss of dependency:
Rs.8,750/- X 12 X 18 = Rs.18,90,000/-
6. In addition to the compensation awarded under the
head stated supra, it is also necessary to increase the
compensation towards loss of love and affection, which is
merged with consortium, which comes to Rs.1,32,000/-
(Rs.44,000/- X 3). Besides the enhancement under those two
heads, it is also equally necessary to enhance the
compensation under the head of loss of estate and
transportation, funeral and obsequies ceremonies Rs.1,500/-
each.
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
7. In the light of discussions made above, now it is
relevant to mention all these in the column given below:
Award amount
(In Rs.)
Sl.
Particulars
No.
Tribunal This Court
1 Loss of dependency 8,64,000/- 18,90,000/-
2 Loss of love and affection 40,000/- 1,32,000/-
3 Loss of estate 15,000/- 16,500/-
4 Transpiration, funeral and
15,000/- 16,500/-
obsequies ceremonies
Total 9,34,000/- 20,55,000/-
ORDER
i) Miscellaneous First Appeal is allowed in part.
ii) The judgment and award dated 29.01.2020 passed in
MVC.No.5828/2018 on the file of the II Additional Judge
and ACMM, Court of Small Causes, Bengaluru, is
modified, granting compensation of Rs.20,55,000/-
(Rupees Twenty Lakhs Fifty Five Thousand Only) as
against Rs.9,34,000/- awarded by the Tribunal.
iii) The claimant is entitled to enhanced compensation of
Rs.11,21,000/- with interest at the rate of 6% per annum
from the date of this appeal till realisation.
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HC-KAR
NC: 2026:KHC:52501
MFA No. 4027 of 2021
CNR: KAHC010308812021
iv) The enhanced compensation amount shall be deposited
by respondent No.2 within a period of six weeks from
date of receipt of the certified copy of this judgment.
v) The Tribunal is directed to release the entire amount in
favour of the claimant.
The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 36