- 1 - NC: 2025:KHC:17288 MFA No. 4381 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4381 OF 2022 (MV-D) BETWEEN: THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., DAVANAGERE BRANCH OFFICE THROUGH ITS REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001 REP BY ITS MANAGER. …APPELLANT (BY SRI. JANARDHAN REDDY, ADVOCATE) AND: 1. G.M.DAYANANDA S/O LATE G.S.MAHESHWARAPPA AGED ABOUT 32 YEARS, R/AT CHIKKAGANAGOOR VILLAGE, CHANNAGIRI TALUK 2. SMT.G.M. BHAGYA D/O LATE G.S.MAHESHWARAPPA W/O LOKESHAPPA AGED ABOUT 40 YEARS, R/AT NANDIGUDI VILLAE, HARIHARA TALUK 3. G.M.SAVITHA D/O LATE G.S.MAHESWARAPPA W/O RAJASHEKHER M.R. AGED ABOUT 38 YEARS, R/AT MARADIHALLY VILLAGE, KADUR TALUK, CHIKKAMAGALORE DISTRICT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17288 MFA No. 4381 of 2022 4. HARSHAD BASHA S/O MOHAMMED ISMAIL SAB AGED ABOUT 41 YEARS, R/AT AGARABANNIHATTY VILLAGE, CHANNAGIRIT ALUK (DRIVER OF THE VEHICLE NO.KA-17-EY-1218) 5. MUQTHIYAR AHAMED S/O TEJUDDIN SAB MAJOR IN AGE, R/AT AGARABANIHATTY VILLAGE, CHANNAGIRI TALUK (OWNER OF THE VEHICLE NO.KA-17-EY-1218) …RESPONDENTS (BY SRI. R.SHASHIDHARA, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.02.2022 PASSED IN MVC NO. 741/2019 ON THE FILE OF THE C/C SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, AWARDING COMPENSATION OF RS.5,49,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.741/2019 dated 23.02.2022 by the Senior Civil Judge & JMFC, Channagiri, the Insurance Company is before this Court questioning the quantum of compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.45,00,000/- by the children of the deceased. The Tribunal had granted compensation of an amount of - 3 - NC: 2025:KHC:17288 MFA No. 4381 of 2022 Rs.5,49,000/- and the claimant’s are the son and two daughters. 3. Learned counsel appearing for the Insurance Company submits that the major sons and daughters are not entitled for compensation under head of loss of dependency and Tribunal has not considered this aspect. 4. Learned counsel appearing for the claimant submits that the compensation that is granted by the tribunal is just and reasonable. It is submitted that it is the specific case of the claimants that they are dependent on the deceased. 5. Having heard the learned counsels on either side, perused the material available on record. In the light of law laid down by the Hon’ble Apex Court in the case of Seema Rani Vs. The Oriental Insurance Co. Ltd.,1 the contention of the insurance company is not tenable and this court finds no reason to interfere. i. Accordingly the appeal filed by the Insurance Company is dismissed. 1 2025 INSC 192 - 4 - NC: 2025:KHC:17288 MFA No. 4381 of 2022 ii. The amount in deposit shall be forthwith transmitted to the tribunal. iii. No costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 4 Sl No.: 7