- 1 - NC: 2025:KHC-K:2501 MFA No. 202083 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.202083 OF 2023 (MV-D) BETWEEN: THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., 3RD FLOOR, ASIAN PLAZA, TIMMAPURI CIRCLE, KALABURAGI-585 102. PRESENTLY REPRESENTED BY ITS, SHRIRAM GENERAL INSURANCE CO. LTD., NO.3/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD, OFF BHANNERUGHATTA ROAD, IIMB POST, BENGALURU-560 076. …APPELLANT (BY SRI. SUDARSHAN M., ADVOCATE) AND: 1. MALLIKARJUNE S/O SHARNAPPA, AGE: 23 YEARS, OCC: NIL, 2. AMBIKA D/O SHARNAPPA POTTEDAR, AGE: 21 YEARS, OCC: HOUSEHOLD, 3. LAXMI D/O SHARNAPPA POTTEDAR, AGE: 29 YEARS, ALL R/O PLOT NO. 25, NEAR KALAMMA TEMPLE, SHAHABAD ROAD, RAJAPUR, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2501 MFA No. 202083 of 2023 KALABURAGI-585 102. 4. PHOOLCHAND S/O SHIVAJI JADAV, AGE: 28 YEARS OCC: DRIVER/OWNER, R/O SHAHBAZAR TANDA, KALABURAGI-585 102. …RESPONDENTS (BY SRI. SANTOSH B. BIRADAR, ADV. FOR R1 TO R3; SRI. SANTOSHKUMAR MARADI, ADV. FOR R4) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.12.2022 PASSED IN MVC NO. 530/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM BIDAR. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel for both the sides. 2. The appellant-Insurance Company is disputing the claim on the ground that the claimants are major son and daughters of the deceased and as such, there would - 3 - NC: 2025:KHC-K:2501 MFA No. 202083 of 2023 not be any dependency. The fact that the petitioners in MVC.No.530/2020 are the son and daughters of the deceased and they claimed the compensation amount from the owner and insurer of the offending vehicle is not in dispute. 3. The contention raised by the appellant- Insurance Company is no more res-integra. The judgment of this Court in the case of SMT. MALLAMMA CHENDAKE AND OTHERS VS. SRI. YOGESHWAR AND ANOTHER1 in paragraph Nos.14 and 15 observed as below: “14. Thereafter, in the case of Seema Rani v. Oriental Insurance Co. Ltd2 the Apex Court places reliance on the judgment in the case of Birendar (supra), and holds that even the married daughters are also the dependents within the meaning covered under the Motor Vehicles Act. In para 9, it was held as below: “9. We have heard the learned counsel for the Appellants. We are unable to agree with the view taken by the Tribunal on the dependents of the deceased. This Court in 1 MFA.NO.201638 OF 2021 (MV-D) DD 08.04.2025 2 2025 SCC OnLine SC 283 - 4 - NC: 2025:KHC-K:2501 MFA No. 202083 of 2023 National Insurance Company Limited v. Birender & Ors., had expounded that major married and earning sons of the deceased, being legal representatives, have a right to apply for compensation, and the Tribunal must consider the application, irrespective of whether the representatives are fully dependent on the deceased or not. The Court went on to conclude that since the sons, in that case, were earning merely Rs.1,50,000/- per annum, they were largely dependent on the earnings of the deceased and were staying with her” 15. Therefore, there cannot be any doubt that the petitioner Nos.2 and 3 are also the legal heirs and as such they are entitled for compensation. Once their entitlement is held in the affirmative, the consequence will be that the personal expenses of the deceased would be 1/3rd but not 50% as held by the Tribunal. The reason for this appears to be that a person who is aged 54 years, having wife and two children would definitely contribute more towards family than on personal self. Therefore, to construe that a head of the family would spend more on his personal self would not be a proper conclusion in the Indian Scenario. Hence, the deduction towards the personal expenses of the deceased Subhash was aged 54 years has to be taken at 1/3rd.” - 5 - NC: 2025:KHC-K:2501 MFA No. 202083 of 2023 4. Therefore, no other ground being urged by the learned counsel for the Insurance Company, the appeal is bereft of any merits and hence, the appeal is dismissed. Pending applications stand disposed of. The amount in deposit be transmitted to the Tribunal. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 17 CT: AK