- 1 - NC: 2025:KHC:17424 MFA No. 6451 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6451 OF 2023 (MV-D) BETWEEN: THE DIVISIONAL MANAGER SHRIRAM GIC LTD., NO.5/4, 3RD STAGE, S.V.ARCADE BILEKAHALLI MAIN ROAD OFF B.G.ROAD, II MB POST BENGALURU-560 076 BRANCH OFFICE: CH 66-2904/1, 2ND STAGE, SAPTASWARA COMPLEX OPP. TO RELIANCE HOME FINANCE KANTHARAJ URS ROAD, SARASWATHIPURAM MYSURU …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. KEMPAIAH S/O LATE MARAIAH AGED ABOUT 58 YEARS 2. BASAVARAJU S/O LATE MARAIAH AGED ABOUT 52 YEARS BOTH ARE R/A AMBEDKAR BEEDI HONNURU VILLAGE AND POST YALANDURU TLAUK CHAMARAJANAGARA DISTRICT 3. MAHESH B., S/O BASAVAIAH AGED ABOUT 47 YEARS R/A AMBEDKAR BEEDI BEECHAHALLI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17424 MFA No. 6451 of 2023 HONNURU VILLAGE AND POST YALANDURU TALUK CHAMARAJANAGARA DISTRICT …RESPONDENTS (BY SRI. MANJUNATHA RAO BHOUNSLE, ADVOCATE FOR R1 & R2 V/O/D 12/10/2023 – NOTICE TO R3 IS D/W) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.06.2023 PASSED IN MVC NO.719/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU, AWARDING COMPENSATION OF RS.7,10,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, 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 award passed in M.V.C.No.719/2021 dated 03.06.2023 by the Judge, Additional Court of Small Causes & MACT, Mysuru, the appellant/Insurance Company is before this Court. 2. The facts of the case are that on 03.01.2021 at about 7:30 a.m., when the deceased was proceeding by walk towards his land on the left side of the road near Honnuru Rudrabhoomi, at that time, the rider of the Honda CB Shine motor cycle rode the same in high speed and rash and negligent manner and hit the deceased from hind side and caused the accident. The deceased was aged about 74 years - 3 - NC: 2025:KHC:17424 MFA No. 6451 of 2023 and the claimants are major sons of the deceased who are aged about 56 years and 50 years respectively. 3. The Tribunal had taken the income of the claimant at Rs.15,000/- per month and deducted 1/3rd towards personal expenses and granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of Dependency : Rs. 6,00,000/- 2. Loss of estate : Rs. 15,000/- 3. Loss of consortium : Rs. 80,000/- 4. Funeral expenses : Rs. 15,000/- TOTAL : Rs. 7,10,000/- 4. Learned counsel appearing for the appellant/Insurance Company submits that the claimants are major sons who are aged 56 years and 50 years and they cannot be considered as dependents of the deceased and the Tribunal ought to have deducted 50% towards personal expenses. But in this case, 1/3rd is deducted. 5. Learned counsel appearing respondents/claimants submits that the Tribunal had rightly considered and granted the compensation and no interference is called for. - 4 - NC: 2025:KHC:17424 MFA No. 6451 of 2023 6. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal ought not to have deducted 1/3rd towards personal expenses and ought not to have considered the sons who are aged 56 years and 50 years as dependents. In that case, 50% needs to be deducted towards his personal expenses. The Tribunal had rightly taken the income of the deceased at Rs.15,000/- per month. Hence, towards loss of dependency, this Court is granting an amount of Rs.4,50,000/- (Rs.7,500x12x5). As there are two claimants, this Court is granting an amount of Rs.88,000/- (Rs.44,000x2) towards consortium. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 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. 6,00,000/- 4,50,000/- 2. Loss of estate : Rs. 15,000/- 00/- 3. Loss of consortium : Rs. 80,000/- 88,000/- 4. Funeral expenses : Rs. 15,000/- 36,000/- TOTAL : Rs. 7,10,000/- 5,74,000/- Reduction : Rs. 1,36,000/- - 5 - NC: 2025:KHC:17424 MFA No. 6451 of 2023 8. Altogether, the claimant is entitled for compensation of an amount of Rs.5,74,000/-. 9. Accordingly, the appeal of the insurance company is partly allowed, reducing the compensation from an amount of Rs.7,10,000/- to Rs.5,74,000/-. i. The reduced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The appellant - 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. iv. If any extra amount is deposited, the Insurance Company is at liberty to withdraw the same. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG, List No.: 1 Sl No.: 34