Sri. Yadamani Adinarayana & Ors. vs Sri. Madanapalli Rasul Bee & Anr.

This appeal is filed by appellants -claimants seeking enhancement of compensation awarded in judgment and award dated 31.01.2026 passed in MVC No.5568/2024 by VI Additional Judge, Court of Small Causes and MACT, Bengaluru.

Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2 –insurer.

The appellants -claimants made a claim petition praying to award compensation for the death of Y Chaithanya Kumar in a road traffic accident occurred on 15.07.2024 contending that the accident occurred due to rash and negligent driving of the driver of Ashoka Leyland Goods Carriage bearing registration No.AP-39/TY-7191. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.2 -insurer to deposit the award amount with interest. Claimants seeking enhancement of compensation have filed the present appeal.

Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer.

The accident occurred on 15.07.2024 and as on the date of accident, the claimant was aged 21 years. Considering the said age of the claimant, the Tribunal has rightly applied multiplier ‘18’. Considering that the claimant was a bachelor, the Tribunal has rightly deducted 50% of the income towards personal expenses of the deceased. The Tribunal has also rightly added future prospects at 40%. The deceased has completed his course in B-Tech CSE as per Ex.P10 certificate issued by KMM Institute of Technology and Science Ramireddipalle, Tirupati. Ex.P11 is the identity card issued by the said college wherein the deceased was a student for B -Tech CSE for the academic years 2020-2024. The accident occurred on 15.07.2024. Ex.P1 is the complaint filed by the father of the deceased wherein it is stated that the deceased has completed his B –Tech and was searching the job at the time of the accident. Considering the said documents and the evidence on record, the claimants have established that the deceased has completed B -Tech CSE course. As per the decision of the Division Bench of this Court in the case of Shri Mallikarjun S/o Yallappa Jogannavar and others Vs Shri Umesh M., S/o of Murthy K. and others^{11.In 2020 0 Supreme (Kar) 104}, wherein the Division Bench has taken the income of an engineering student at Rs.25,000/-per month. Considering the said aspect, the income of the deceased is to be taken at Rs.25,000/- per month. In view of the same, the loss of dependency is calculated as under:

Rs.25,000/- + 40% =Rs.35,000/- less 50% =Rs.17,500/- x 12 x 18 = Rs.37,80,000/-.

Claimants are not seeking any enhancement of compensation awarded under other heads. In view of the same, claimants are entitled to enhanced compensation of Rs.12,85,200/- (Rs.37,80,000/- less Rs.24,94,800/-) with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following