- 1 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3574 OF 2020 (MV-I) BETWEEN: VEDAVATHI D/O LATE GANAGAYYA MOOLYA, AGED ABOUT 51 YEARS, R/O KAFIKUDE HOUSE, KOYIKUDE VILLAGE, VIA HALEANGADI MANGALORE TALUK AND DISTRICT AT PRESENT R/O, C/O SHANKER KULLAL, N.S.NILAYA, KEMMUNDELU POST, YELLUR VILLAGE, UDUPI- 35 …APPELLANT (BY MS.PAVANA B.K., ADVOCATE FOR SRI. PRATHEEP K.C., ADVOCATE) AND: 1. VEENA G SHEET W/O GAJANANA SHET H MUKAMBIKA NILAYA, ACCHAPPA LAYOUT, BEHIND INDIAN GARAGE, GONIKOPPAL, KODAGU, COORG- 12 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 2. ICICI LOMBARD GEN. INS. CO. LTD., MUMBAI REP BY ITS NEAREST DIVISIONAL MANAGER DIVISIONAL OFFICE, 2ND FLOOR, HIND TOWER, OPPOSITE HEAD POST OFFICE UDUPI- 45 3. LALITHA D/O GANGAYYA MOOLYA, AGED ABOUT 63 YEARS, R/O H NO 2-153 (28), KOLKUDE VILLAGE AND POST MANGALORE -45 …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2 V/O/DATED: 11/07/2024- NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.05.2020 PASSED IN MVC NO.14/2017, ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.14/2017 dated 12.05.2020 by II Additional Senior Civil Judge and Additional MACT, Udupi, whereby, the Tribunal had granted an amount of Rs.50,000/- as compensation, the claimants are before this court. 2. The claim petition is filed seeking compensation of an amount of Rs.6,89,000/- with interest for the death of the deceased in the road traffic accident occurred on 29.05.2026. It is the case of the claimants that on 29.05.2016 at about 05:30 p.m., the deceased while walking by the side of the road after alighting from the bus at the place called Yermal in front of Janardhana Temple, on NH.66, at that time a car coming from Mangalore side towards Udupi side which was driven by its driver in a negligent manner with uncontrollable speed and because of the said negligent act in driving the vehicle, the vehicle went to the extreme left side of the road and dashed the pedestrian. After hitting the pedestrian the vehicle landed at a distance of 25 feet towards Udupi side. The said accident had occurred due to the reckless and negligent driving of the driver - 4 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 of the car. Immediately after the accident, injured was shifted to the hospital for the necessary treatment. On examination of the injured the doctor declared that the injured were reported to be dead. 3. It is the case of the claimants that the deceased is the sister of the claimants and they are dependent upon her. As the appellants are not the dependents of the deceased, the Tribunal has held that they are not entitled for any compensation and under 'no fault liability' an amount of Rs.50,000/- is awarded. 4. Learned counsel appearing for the appellants submits that they are dependent upon the deceased, even otherwise, in the light of the law laid down by the High Court of Karnataka in the case of A. Manavalagan Vs. A. Krishnamurthy and ors1 they are entitled for the loss of estate. It is submitted that the Tribunal had failed to consider the same. 5. Learned counsel appearing for the respondent/Insurance Company do not dispute the fact that the judgment of this Court in A. Manavalagan’s case referred supra applies to the facts of the case. 1 ILR 2004 KAR 3268 - 5 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that this is an accident of the year 2016, as per the chart prepared by the Legal Services Authority, this Court is inclined to take the income at Rs.9,500/-, 15% of it would come to Rs.1,425/- and the age of the deceased is 61, the multiplier is 7 (Rs.1,425x12x7=Rs.1,19,700/-) Under the head of loss of dependency, this court is granting an amount of Rs.1,19,700/- . For the two claimants under the head of loss of consortium claimants are entitled for an amount of Rs.88,000/-. Towards the Funeral Expenses, this Court is granting an amount of Rs.16,000/-. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Global Compensation Rs. 50,000/- 00/- 2. Loss of dependency Rs. 00/- 1,19,700/- 3. Loss of consortium Rs. 00/- 88,000/- 4. Funeral Expenses Rs. 00/- 16,000/- TOTAL Rs. 50,000/- 2,23,700/- - 6 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 7. Altogether, the claimants are entitled for compensation of an amount of Rs.2,23,700/-. As already an amount of Rs.50,000/- is paid by the insurance company, the insurance company is liable to pay an amount of Rs.1,73,700/- to the claimants. i. Accordingly, the appeal of the claimants is Partly Allowed and the Insurance Company is liable to pay an amount of Rs.1,73,700/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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. v. No costs. - 7 - HC-KAR NC: 2025:KHC:33260 MFA No. 3574 of 2020 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 28