- 1 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8614 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 8933 OF 2017 (MV-D) IN MFA No. 8614/2016 BETWEEN: THE MANAGER RELIANCE GENERAL INS. CO. LTD., 1ST FLOOR, KRUTHIKA ARCADE NEAR N.R. CIRCLE HASSAN DISTRICT-573 201 ALSO AT RELIANCE GENERAL INS. CO.LTD., NO.28, 5HT FLOOR CENTENARY BUILDING, M.G.ROAD BENGALURU-560 001 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. SMT. KOMALA W/O LATE RAVI @ KALEGOWDA AGED ABOUT 23 YEARS 2. GANAVI D/O LATE RAVI @ KALEGOWDA AGED ABOUT 7 MONTHS MINOR REP.BY HER MOTHER 1ST RESPONDENT SMT.KOMALA 3. NANJUDEGOWDA @ KULLAIAH S/O MUDDEGOWDA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 AGED ABOUT 69 YEARS 4. SMT.PARVATHAMMA W/O NANJUNDEGOWDA @ KULLAIAH AGED ABOUT 61 YEARS ALL ARE RESIDING AT KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 201 5. NASHIR HUSSAIN S/O HASANBAVA MAJOR R/AT DOOR NO.2-127 NAZHA MANZIL KUMPALA NEAR NURANI YATHIMKHAN KOTAKKAR POST, BYPASS THOKOTTU SOMESHWARA MANGALURU-575 022 …RESPONDENTS (BY SRI.H.T.JAGADEESH, ADVOCATE FOR R1, R3 & R4 R2 IS MINOR REP. BY R ADVOCATE R5- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.09.2016 PASSED IN MVC NO.331/2015 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT & SESSIONS JUDGE, & HASSAN DISTRICT (SIT AT CHANNARAYAPATNA) AWARDING COMPENSATION OF Rs.16,55,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 8933/2017 BETWEEN: 1. KOMALA S/O LATE RAVI @ KALEGOWDA, AGED ABOUT 24 YEARS - 3 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 2. GANAVI D/O LATE RAVI @ KALEGOWDA, AGED ABOUT 2 ½ YEARS, BEING MINOR REPRESENTED BY HER MOTHER THE 1ST APPELLANT HEREIN, 3. NANJUNDEGOWDA @ KULLAIAH S/O MUDDEGOWDA, AGED ABOUT 70 YEARS 4. PARVATHAMMA W/O NANJUNDEGOWDA @ KULLAIAH, AGED ABOUT 62 YEARS ALL APPELLANTS ARE R/AT GOWDAGERE VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRTICT-573 201 ...APPELLANTS (BY SRI. KUMAR H.N., ADVOCATE) AND: 1. RELIANCE GENERAL INS. CO. LTD., 1ST FLOOR, KRUTHIKA ARCADE, NEAR N.R.CIRCLE, HASSAN DISTRICT-573 201 REPRESENTED ITS MANAGER 2. NASHIR HUSSAIN S/O HASANBAVA, R/AT DOOR NO.2-127, NAZHA MANZIL KUMPALA, NEAR NURANI YATHIMKHAN, KOTAKKAR POST, BYPASS, THOKOTTU SOMESHWARA, MANGALURU-575 022 ...RESPONDENTS (BY SRI.ASHOK N PATIL, ADVOCATE FOR R1 V/O/D 13/02/2025- NOTICE TO R2 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.09.2016 PASSED IN MVC - 4 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 NO.331/2015 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL 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.331/2015 dated 09.09.2016 by the 4th Additional District and Sessions Judge, Hassan District (Sit at Channarayapatna), the claimant as well as the Insurance Company are before this Court. The Insurance Company has filed MFA.No.8614/2016 questioning the quantum of compensation and the claimant has filed MFA.No.8933/2017 seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- with interest at 12% p.a for the death of the deceased in the accident. 2. The facts of the case are that on 04.10.2013 at 7:00 p.m., near the house of Rangegowda at Gowdagere Village, on B.M.Road, a Ishar STR cantor lorry driven by its driver in a rash - 5 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 and negligent manner dashed against the deceased and as a result of the said impact, he died at the spot. It is the case of the claimants that the deceased was earning an amount of Rs.33,000/- per month. The Trial Court had taken the income of the claimant at Rs.10,000/- and granted an amount of Rs.15,30,000/- towards loss of dependency. All the conventional heads put together, a compensation of an amount of Rs.16,55,000/- is awarded. 3. Learned counsel appearing for the Insurance Company submits that the trial Court had taken the income of the deceased at Rs.10,000/- per month without there being any evidence, which is on the higher side. It is submitted that the trial Court had granted the interest at 9% p.a. instead of 6% p.a. which is on the higher side. 4. Learned counsel appearing for the claimants submits that on all the conventional heads, the compensation that is granted by the Trial Court is on the lower side. It is submitted that the Trial Court had not granted any amount towards future prospects. It is submitted that the income of the deceased is rightly taken as an amount of Rs.10,000/- per month. - 6 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 5. Having heard the learned counsels on either side, perused the entire material on record. According to the claimants, the deceased was earning an amount of Rs.33,000/- per month and the trial Court had taken the income of the deceased at Rs.10,000/- per month. As there is no evidence with regard to the income of the claimant, considering the chart prepared by the Legal Services Authority, as this is an accident of the year 2013, this Court is taking an amount of Rs.8,000/- per month as the income of the deceased. The age of the deceased was 29 years as on the date of the accident. Future prospects at 40% would come to an amount of Rs.3,200/-. Then the income of the deceased will come to an amount of Rs.11,200/- (Rs.8,000+Rs.3,200). As there are four claimants, 1/4th has to be deducted towards personal expenses and it will come to an amount of Rs.2,800/-. Then his contribution to the family would be an amount of Rs.8,400/-. By applying the multiplier at 17, loss of dependency would come to an amount of Rs.17,13,600/- (Rs.8,400x12x17). As there are four claimants, towards consortium, this Court is granting an amount of Rs.1,76,000/- (Rs.44,000x4). Towards funeral expenses, an amount of Rs.36,000/- is granted. - 7 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 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. 15,30,000/- 17,13,600/- 2. Loss of estate : Rs. 25,000/- 00/- 3. Consortium : Rs. 25,000/- 1,76,000/- 4. Loss of love and affection : Rs. 50,000/- 00/- 5. Funeral and Obsequies Ceremony : Rs. 25,000/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 16,55,000/- 19,35,600/- Enhancement : Rs. 2,80,600/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.19,35,600/-. 1 (2014) 11 SCC 178 - 8 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 9. Then coming to the aspect of interest, the Trial Court had granted interest @9% p.a. which is on the higher side and the claimant is entitled for interest @6% p.a. 10. Accordingly, MFA.No.8614/2016 filed by the Insurance Company is partly allowed. 11. MFA.No.8933/2017 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.16,55,000/- to Rs.19,35,600/-. The Insurance Company is liable to pay the compensation. i) The *compensation amount shall carry interest @ 6% per annum from the date of petition till the date of realization. ii) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii) Registry is directed to return the Trial Court Records to the Trial Court, along with certified copy of the order passed by this Court forthwith without any delay. *Corrected vide court order dated: 02.05.2025. - 9 - NC: 2025:KHC:13427 MFA No. 8614 of 2016 C/W MFA No. 8933 of 2017 iv) Amount in deposit shall be forthwith transmitted to the tribunal. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 5