- 1 - NC: 2025:KHC:12481 MFA No. 4939 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4939 OF 2016 (MV-D) BETWEEN: M/S. BHARTI AXA GENERAL INSURANCE COMPANY LTD., 1ST FLOOR FERNS ICON, SURVEY NO. 28, DODDENAKUNDI VILLAGE, K.R.PURAM, BANGALORE - 37 REPRESENTED BY ITS MANAGER …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. NAGARATHNAMMA W/O LATE SIDDARAMAIAH, NOW AGED ABOUT 52 YEARS, 2. KUM.SEETHALAKSHMI S., D/O LATE SIDDARAMAIAH, NOW AGED ABOUT 26 YEARS 3. KUM. PADMA D/O LATE SIDDARAMAIAH, NOW AGED ABOUT 24 YEARS, ALL ARE R/AT NO.62, ASHWATHNAGARA, NEAR BRIGHT SCHOOL, SHIVARAMA KARANTHA NAGARA POST, BANGALORE - 560 077 OLD ADDRESS: R/AT NO. 152/1 MAIN ROAD, HENNUR VILLAGE, BENGALURU, KALYANANAGARA, BENGALURU - 560 043 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12481 MFA No. 4939 of 2016 4. KRISHNA H.R., S/O H.G.RAMESH, NO. 715, 1ST CROSS CHANNAPATNA ROAD, HALAGUR, MALAVALLI TALUK, MANDYA - 671 439 (RC OWNER OF LORRY BEARING REG NO KA-11-A-5619) …RESPONDENTS (BY SRI.V.RAVIPRAKASH, ADVOCATE FOR R1 R4- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.4.2016 PASSED IN MVC NO.2271/2014 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES (SCCH-16), BENGALURU, AWARDING A COMPENSATION OF RS.12,77,000/- WITH INTEREST @ 9% P.A FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.2271/2014 dated 28.04.2016 by the Court of Small Causes and Motor Accident Claims Tribunal at Bangalore, the Insurance Company is before this Court. The claim petition was filed by the claimants seeking compensation of an amount of Rs.30,00,000/- for the death of the deceased in the road traffic accident. 2. It is the case of the claimants that on 07.10.2013 at about 1:45 p.m., when the deceased was proceeding in a - 3 - NC: 2025:KHC:12481 MFA No. 4939 of 2016 motor cycle as a pillion rider and the same was ridden by its rider by name Doddaiah on the extreme left side on Malavalli- Maddur Road, at that time, a lorry came from opposite direction in a rash and negligent manner and dashed against the motor cycle of the deceased. Due to the impact, deceased fell down and succumbed to the fatal injuries and died on the spot. 3. The Tribunal had granted compensation to the claimants for the death of the deceased as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 11,52,000/- 2. Compensation to the family members (children and family members other than wife) for loss of love and affection, deprivation of protection, social security etc. : Rs. 1,00,000/- 3. Cost incurred on account of funeral and ritual expenses : Rs. 25,000/- TOTAL : Rs. 12,77,000/- 4. Learned counsel appearing for the appellant/Insurance Company submits that the age of the deceased as on the date of the accident was 31 years and he was earning an amount of - 4 - NC: 2025:KHC:12481 MFA No. 4939 of 2016 Rs.15,000/- per month and the Tribunal had taken an amount of Rs.8,000/- per month as income. He submits that considering the age of the deceased, future prospects have to be taken at 40%. In this case, the Court had taken 50% as future prospects. He submits that the interest that is awarded is @9% p.a. which is on the higher side. 5. Learned counsel appearing for the respondents/ claimants submits that the Tribunal considering the evidence and the death of the deceased had rightly granted the compensation and there are no grounds to interfere with the order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the age of the deceased and the occupation, future prospects have to be taken at 40%. Then the income of the deceased will come to an amount of Rs.11,200/- (Rs.8,000 + Rs.3,200/-). As he is a bachelor, 50% has to be deducted towards personal expenses and his contribution to the family will be an amount of Rs.5,600/-. Hence, the claimants under the head of loss of dependency are entitled for an amount of Rs.10,75,200/- (Rs.5,600x12x16). The Tribunal had granted an amount of - 5 - NC: 2025:KHC:12481 MFA No. 4939 of 2016 Rs.1,00,000/- and Rs.25,000/- towards compensation to the family members for loss of love and affection, deprivation of protection, social security etc. and cost incurred on account of funeral and ritual expenses respectively which is reasonable. 7. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 11,52,000/- 10,75,200/- 2. Compensation to the family members (children and family members other than wife) for loss of love and affection, deprivation of protection, social security etc. : Rs. 1,00,000/- 1,00,000/- 3. Cost incurred on account of funeral and ritual expenses : Rs. 25,000/- 25,000/- TOTAL : Rs. 12,77,000/- 12,00,200/- Reduction : Rs. 76,800/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.12,00,200/-. The interest is reduced from 9% p.a. to 6% p.a. - 6 - NC: 2025:KHC:12481 MFA No. 4939 of 2016 9. Accordingly, the appeal of the Insurance Company is partly allowed, by reducing the compensation from an amount of Rs.12,77,000/- to Rs.12,00,200/- and the interest is reduced from 9% to 6% p.a. i. The amount in deposit shall be transmitted to the Tribunal. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 5