- 1 - NC: 2025:KHC:16458 MFA No. 981 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 981 OF 2020 (MV-D) BETWEEN: M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., S-5, 2ND FLOOR, MONARCH CHAMBERS INFANTRY ROAD BANGALORE-560 001 NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD. NO.3/5, 3RD FLOOR, S.V.ARCADE BILEKAHALLI MAIN ROAD OFF BANNERUGHATTA ROAD IIM POST BANGALOE-576 302 …APPELLANT (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE) AND: 1. SMT DODDA RAMALAKSHMAMMA W/O LATE CHIKKA SUBBANNA AGED ABOUT 41 YEARS 2. SMT.CHANGAMMA W/O LATE CHIKKA SUBBANNA AGED ABOUT 40 YEARS 3. B.C.VINODH KUMAR S/O LATE CHIKKA SUBBANNA AGED ABOUT 27 YEARS 4. B.C.AMARESH KUMAR S/O LATE CHIKKA SUBBANNA AGED ABOUT 26 YEARS 5. B.C.MADHU KUMAR S/O LATE CHIKKA SUBBANNA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16458 MFA No. 981 of 2020 AGED ABOUT 24 YEARS 6. KUM B.C.UMAVATHI D/O LATE CHIKKA SUBBANNA AGED ABOUT 21 YEARS R1 TO R5 MAY BE TREATED AS LR’S OF 6TH RESPONDENT 7. SMT.CHANGULAMMA W/O LATE VENKATARAMANA AGED ABOUT 70 YEARS ALL ARE R/O NO.29 BODAGUNDAHALLI @ BODAGUNDLAHALLI VILLAGE PEDDUR POST, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-562 101 8. MD. SADIQ PASHA S/O ABDUL KALAK GAFFAR KHAN MOHALLA SRINIVASAPURA TOWN AND TALUK KOLAR DISTRICT-563 101 …RESPONDENTS (R1, R2, R3, R4, R5, R7, R8- ARE SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.08.2019, PASSED IN MVC NO.119/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHINTMANI, AWARDING COMPENSATION OF R.24,89,200/- ALONG WITH INTEREST AT THE RATE OF 9 PERCENT P.A., FROM THE DATE OF PETITION TILL THE AMOUNT IS DEPOSITED. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:16458 MFA No. 981 of 2020 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.119/2014 dated 16.08.2019 by the Senior Civil Judge and JMFC, Chintamani, the Insurance Company is before this Court questioning the liability. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the death of the deceased in the accident. 2. It is the case of the claimant that on 11.12.2012 at about 9.30 am., when the deceased was travelling from Gownapalli to Bodagudalahalli in his TVS XL Heavy Duty, Moped, carrying diesel to his tractor on the left side of the road by observing all traffic rules and regulations and when he reached near Sriramappa’s land in between canter vehicle driven by its driver in a rash and negligent manner with a high speed endangering to human life dashed against the deceased vehicle and due to the said impact the deceased sustained grievous injuries to the right side of the head and died in the spot. The deceased was doing the agriculture work and he was also having a tractor and earning an amount of Rs.12,000/- to Rs.15,000/- per month and the Tribunal had taken the income - 4 - NC: 2025:KHC:16458 MFA No. 981 of 2020 at an amount of Rs.12,000/- per month and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 17,28,000/- 2. Loss of estate : Rs. 15,000/- 3. Loss of consortium : Rs. 40,000/- 4. Funeral expenses : Rs. 15,000/- 5. Future prospects : Rs. 6,91,200/- TOTAL : Rs. 24,89,200/- 3. Altogether the Tribunal had granted compensation of an amount of Rs.24,89,200/-. 4. Learned counsel appearing for the appellant/ Insurance Company submits the married sons cannot be considered as dependants and the claimants are only entitled for the loss of love and affection. It is further submitted that the compensation amount granted by the Tribunal is on the higher side. 5. Though notice is served on the respondents, no vakalath is filed on their behalf. - 5 - NC: 2025:KHC:16458 MFA No. 981 of 2020 6. Having heard the learned counsel for the appellant, perused the material on record. As rightly contended by the learned counsel for the appellant that the Tribunal without any basis has come to the conclusion that he is earning an amount of Rs.12,000/- per month. As this accident occurred in the year 2012, this Court is taking the income of the deceased at an amount of Rs.7,000/- per month and future prospects at 40% would come to Rs.9,800/- and as there are 5 dependants, 1/5th has to be deducted towards his personal expenses and his contribution to the family is Rs.7,840/-, towards head of loss of dependency this Court is granting an amount of Rs.14,11,200/-(7840X12X15). Coming to the loss of consortium, as there are 5 dependants, this Court is granting an amount of Rs.2,20,000/- (44,000X5). This Court is granting an amount of Rs.36,000/- towards funeral expenses. 7. The claimants are therefore, entitled to the compensation under the following heads: - 6 - NC: 2025:KHC:16458 MFA No. 981 of 2020 SL. No. Heads Compensation Awarded Compensation Awarded by this Court 1. Loss of dependency : Rs. 17,28,000/- 14,11,200/- 2. Loss of estate : Rs. 15,000/- - 3. Loss of consortium : Rs. 40,000/- 2,20,000/- 4. Funeral expenses : Rs. 15,000/- 36,000/- 5. Future prospects : Rs. 6,91,200/- - TOTAL : Rs. 24,89,200/- 16,67,200/- Reduction amount : Rs. Rs.8,22,000/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.16,67,200/-. 9. Accordingly, the appeal of the appellant/Insurance Company is partly allowed by reducing the compensation from an amount of Rs.24,89,200/- to Rs.16,67,200/-. The Insurance Company is liable to pay the compensation *and the rate of interest is reduced from 9% to 6% p.a. i. If any excess amount is deposited, the Insurance Company is at liberty to withdraw the same. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. * Inserted vide court order dated: 21/08/2025. - 7 - NC: 2025:KHC:16458 MFA No. 981 of 2020 iv. If any amount to be deposited by the appellant/Insurance Company, it 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. v. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 8