- 1 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7410 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1998 OF 2024 (MV-I) IN MFA No. 7410/2022 BETWEEN: ORIENTAL INSURANCE CO. LTD., NANJAPPA COMPLEX, SUBHASH CHOWKA, HASSAN, REP. BY ITS REGIONAL OFFICE, ORIENTAL INSURANCE CO. LTD., TP-HUB, REGIONAL OFFICE, NO.44/4, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE-560 025, REP. BY ITS REGIONAL MANAGER …APPELLANT (BY SRI. A.RAVISHANKAR, ADVOCATE) AND: 1. SRI. T.S. BHASKAR AGED ABOUT 48 YEARS, S/O. LATE SHIDLAIAH @ SIDDAIAH, R/AT TATANAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK 2. SRI. T. S. DHANARAJ AGED ABOUT 45 YEARS, S/O. LATE SHIDLAIAH @ SIDDAIAH, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 R/AT NO. 160, N BLOCK 48, CHAMUNDI BETTA ROAD, JAKI QUARTERS, MYSURU TOWN 3. SRI. BOREGOWDA MAJOR, S/O. BOREGOWDA, R/AT NO. 327, 3RD CROSS, A AND B BLOCK, EMPLOYEES LAYOUT, KAMAKRISHNA NAGARA, MYSURU TOWN, MYSURU DISTRICT …RESPONDENTS (BY SRI. RAJARAMA S., ADVOCATE FOR R1 R2- SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 18.08.2022 PASSED IN MVC NO.1143/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HOLENARASIPURA, AWARDING COMPENSATION OF RS.7,12,776/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 1998/2024 BETWEEN: 1. T.S.BHASKAR S/O LATE SHIDLAIAH @ SIDDAIAH, AGED ABOUT 50 YEARS, R/AT TATANAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK- 573 210 2. T.S.DHANARAJ S/O LATE SHIDLAIAH @ SIDDAIAH, AGED ABOUT 47 YEARS, R/AT NO.160, N BLOCK 48 - 3 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 CHAMUNDI BETTA ROAD, JAKI QUARTERS, MYSURU TOWN- 570 011 ...APPELLANTS (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. BOREGOWDA S/O BOREGOWDA, AGE MAJOR, R/AT NO.327, 3RD CROSS, A AND B BLOCK, EMPLOYEES LAYOUT, KAMAKRISHNA NAGARA, MYSURU TOWN, MYSURU DISTRICT- 570 022 2. REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD, NANJAPPA COMPLEX, SUBHASH CHOWKA, HASSAN -573 201 ...RESPONDENTS (V/O/D 24.07.2025- NOTICE TO R1 IS DISPENSED WITH BY SRI.A.RAVISHANKAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 18.08.2022 PASSED IN MVC NO.1143/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, 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 - 4 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1143/2020 dated 18.08.2022 by the Senior Civil Judge and JMFC at Holenarasipura, whereby the Trial Court had granted the compensation of an amount of Rs.7,12,776/-. The Insurance Company is before this Court questioning the quantum of compensation and the claimants are before this Court seeking enhancement of the compensation. The Insurance Company’s appeal is MFA.No.7410/2022 and the claimants’ appeal is MFA.No.1998/2024. 2. The claim petition is filed by the sons of the deceased seeking compensation of an amount of Rs.15,00,000/- for the death of the deceased in the accident. It is the case of the claimants that on 14.01.2020 at about 7.30 pm., the deceased was proceeding by walk near Chamundibetta road, Kurubarahalli circle, the rider of the Active Honda motor cycle rode the same in rash and negligent manner endangering to human life and dashed against the deceased and due to which he sustained grievous injuries all over the body. Immediately, after accident he was taken to Gopalagowda hospital at Mysuru and he was admitted as an inpatient for a - 5 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 period of 15 days and he died at Tatanahalli village, Holenarasipura taluk. The claimants are the sons, who are aged about 46 and 43 years. In the evidence, they have stated that one is working as a teacher and another is working in the police department. The Trial Court had considered them as the dependants and awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss of dependency Rs. 5,79,960/- 2. Funeral expenses Rs. 16,500/- 3. Loss of estate Rs. 16,500/- 4. Loss of filial consortium to the claimants Rs. 88,000/- 5. Medical expenses Rs. 11,816/- Total Rs. 7,12,776/- 3. Learned counsel appearing for the Insurance Company submits that the claimants cannot be termed as dependents. Both of them are aged around 46 years and they are working and having their independent income. It is submitted that in the light of the law laid down by the Co- - 6 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 ordinate Bench of this Court in the case of A. Manavalagan v. A. Krishnamurthy and Others1, when the claimants are not the dependants, 15% of the income has to be considered and they are only entitled for the loss of estate. 4. Learned counsel appearing to the claimants submits that in the case of National Insurance Company Limited Vs. Birendar and Others2 and in the case of Seema Rani and Others Vs. Oriental Insurance Company Limited and Others3 wherein the Hon’ble Apex Court had considered the major son and daughter as dependents of the deceased and had granted the compensation as such they are entitled for compensation. It is submitted that the compensation that is awarded is not a just and reasonable compensation and the same needs to be enhanced. 5. Having heard the learned counsels on either side, perused the material on record. In the evidence it is stated that among both the sons, one is a teacher another is working in the police department, like in the case of Birendra stated supra as well as in the case of Seema Rani stated supra, there 1 ILR 2004 Karnataka 3268 2 AIR 2020 SC 434 3 2025 INSC 192 - 7 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 is no evidence on record to show that they are the dependants. In those circumstances, they are not entitled for compensation under the head of loss of dependency. They are only entitled for the loss of estate. In the light of the law laid down in the case of A. Manavalagan referred supra, this Court is taking 15% of the income. As this accident had taken place in the year 2020, 15% of Rs.14,500/- is Rs.2,175/-. Hence, this Court is granting an amount of (2175X12X5)=Rs.1,30,500/- towards loss of estate. Towards loss of consortium this Court is granting an amount of (44000X2)=Rs.88,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 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 Another4, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimants are therefore, entitled to the compensation under the following heads: 4 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 Sl. No. Heads Rs. Compensation amount awarded by the Trial Court Compensation amount awarded by this Court 1. Loss of dependency Rs. 5,79,960/- 00/- 2. Funeral expenses Rs. 16,500/- 36,000/- 3. Loss of estate Rs. 16,500/- 1,30,500/- 4. Loss of filial consortium to the claimants Rs. 88,000/- 88,000/- 5. Medical expenses Rs. 11,816/- 00/- 6. Legal expenses Rs. 00/- 10,000/- Total Rs. 7,12,776/- 2,64,500/- Reduced amount Rs. 4,48,276/- 8. Altogether, the claimants are entitled for the compensation of an amount of Rs.2,64,500/-. 9. Accordingly, MFA.No.7410/2022 filed by the Insurance Company is allowed by reducing the compensation from an amount of Rs.7,12,776/- to Rs.2,64,500/-. 10. Accordingly, MFA.No.1998/2024 filed by the claimants is dismissed. i) The entire 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 Trial Court. - 9 - HC-KAR NC: 2025:KHC:38931 MFA No. 7410 of 2022 C/W MFA No. 1998 of 2024 iii) The amount in deposit shall be forthwith transferred to the Trial Court. iv) If any excess amount is deposited, the Insurance Company is at liberty to withdraw. V) The Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. vi) Insurance Company shall deposit the amount if any 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. vii) 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. viii) No costs. ix) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN, List No.: 3 Sl No.: 12