- 1 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6349 OF 2018(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.3225 OF 2018(MV-D) IN MFA No. 6349/2018 BETWEEN: SMT. LINGARAJAMMA W/O LATE S.P SUBBANNA, AGE: 72 YEARS R/O SOMALLI VILLAGE BEGUR HOBLI, GUNDLUPET TALUK-571 111. …APPELLANT (BY SMT. B.N. MANJULA, ADVOCATE FOR SRI. NAGARAJA R.C, ADVOCATE) AND: 1. NAVEEN KUMAR D S/O DODDAIAH AGE : 26 YEARS R/O # 218, 2ND MAIN KATARAYANAGAR, BENGALURU-560 085 2. BYRAPPA H S/O HANUMANATHAIAH C AGE: 47 YEARS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 NO.45, 4TH CROSS, NEW BANK COLONY, KONANAKUNTE POST, K K PURAM ROAD, BENGALURU-560 036 3. THE RELIANCE GENERAL INSURANCE CO LTD # 570, NAIGNUM CROSS ROAD NEXT TO ROYAL INDUSTRIAL ESTATE, WADAL (W) MUMBAI-400 031 BRANCH OFFICE 1ST FLOOR, MYSORE TRADE CENTRE, L36/D, OPP., KSRTC BUS STAND, MYSURU, KARNATAKA REP BY ITS BRANCH MANAGER PIN-570 001 …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R3, VIDE COURT ORDER DATED 28.01.2021, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16/03/2018, PASSED IN MVC NO.197/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., & MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3225/2018 BETWEEN: M/S RELIANCE GENERAL INSURANCE CO LTD NO. 570, NAINGNUM CROSS ROAD, NEXT TO ROYAL INDUSTRIAL ESTATE WADAL (W), MUMBAI - 400 031 REP BY ITS MANAGER LEGAL - 3 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 REGIONAL OFFICE NO. 28, 5TH FLOOR, EAST WING, CENTENARY BUILDING M.G.ROAD, BANGALOARE - 560 001. ...APPELLANT (BY SRI. D VIJAYAKUMAR, ADVOCATE) AND: 1. SMT LINGARAJAMMA W/O LATE S.P.SUBBANNA AGED ABOUT 72 YEARS, R/A SOMAHALLI VILLAGE BEGUR HOBLI, GUNDLUPET 2. NAVEEN KUMAR D S/O DODDAIAH AGED ABOUT 26 YEARS, #218, 2ND MAIN, KATARAYANAGAR, BENGALURU. 3. BYRAPPA H S/O HANUMANTHAIAH C AGED ABOUT 45 YEARS, NO. 45, 4TH CROSS, NEW BANK COLONY, KONANKUNTE POST, K.K.PURAM ROAD, BENGALURU - 560 078. ...RESPONDENTS (BY SMT. B.N. MANJULA, ADVOCATE FOR SRI. NAGARAJA R C, ADVOCATE FOR R1, VIDE COURT ORDER DATED 14.08.2023 NOTICE TO R2 IS DISPENSED WITH R3-SERVED-UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.03.2018 PASSED IN MVC NO.197/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MACT, GUNDLUPET, AWARDING COMPENSATION OF RS.16,42,800/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. - 4 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) 1. In respect of an accident, which is not in dispute and which has occurred on 20.12.2015, the Tribunal has awarded a sum of Rs.16,42,800/- as compensation for the death of one Shantamurthy, who was an advocate by profession. As a consequence, both the insurer as well as the claimant are in appeal in MFA.No.3225/2025 and MFA.6349/2018 respectively. 2. Learned counsel for the insurer contended that the Tribunal has erred in holding the driver of the offending vehicle negligent, though the accident had occurred mainly due to the rash and negligent riding of the motorcycle by the deceased, who was riding the motorcycle without wearing helmet. As such, the Tribunal has erred in saddling the liability on the insurer and that the - 5 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 compensation awarded by the Tribunal is exorbitant. Thus, he prays to allow the appeal filed by the insurer absolving the liability of the insurer. 3. On the other hand, learned counsel for the claimant contended that the sums awarded by the Tribunal under different heads are meager and that the Tribunal has not properly assessed the income of the deceased, who was a practicing advocate having 8 years of practice. Thus, he prays to allow the appeal of the claimant by enhancing the compensation. 4. Having regard to the fact that the claimant examined the eyewitness to the accident i.e., PW.2, who, in his cross-examination deposed that the accident had occurred due to the rash and negligent driving of the driver of offending vehicle and having regard to the fact that the insurer has failed to examine the driver of the offending vehicle with regard to negligence and taking into consideration the final report of the Inspector, which reveals that the accident had occurred due to the - 6 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 negligent driving by the driver of the offending vehicle, we are of the opinion that the Tribunal has rightly made liable the insurer for the negligent act of the driver of the offending vehicle. 5. As regards non-wearing of helmet at the time of accident by the deceased, the same cannot be considered as a ground to contributory negligence. As such, we find no fault in the findings recorded by the Tribunal with regard to attribution of negligence on the driver of the offending vehicle. 6. It is pertinent to state here that the legal heirs of the deceased - pillion rider of the motorcycle in question has also filed an appeal before this Court in MFA.No.5503/2018, which was allowed in part and wherein the insurer has not disputed the accident so also the negligence on the part of the driver of the offending vehicle. 7. As far as compensation is concerned, the Tribunal has determined the notional income of the deceased at - 7 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 Rs.12,000/-. As there is no credible evidence to ascertain the actual monthly income of the deceased, having regard to the age, education and avocation of the deceased that he was a practicing advocate at the time of accident, which occurred in the year 2015, we are of the opinion that it would be appropriate to assess the notional income of the deceased at Rs.20,000/-. 8. As the deceased was aged 34 years, multiplier to be adopted is '16' and as per the judgment of NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI & OTHERS - (2017) 16 SCC 680, 40% requires to be added to the notional income, which makes the income of the deceased to be Rs.28,000/-. Since the deceased was a bachelor, 50% requires to be deducted towards personal expenses, which makes his income to be Rs.14,000/-. Consequently, the claimant would be entitled to Rs.26,88,000/- (Rs.14,000/- X 12 X 16) towards loss of dependency. 9. The claimant being the mother of the deceased, she would be entitled to Rs.48,400/- towards loss of - 8 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 consortium and Rs.36,300/- under conventional heads as per the judgment in the case of Pranay Sethi cited supra. 10. Thus, the claimant, in modification of the impugned award, would be entitled to the following sums: Sl. Particulars Amount (In Rs.) 1. Loss of Dependency 26,88,000 2. Loss of Consortium 48,400 3. Conventional Heads 36,300 Total 27,72,700 10. Thus, the claimant would be entitled for compensation of Rs.27,72,700/- as against Rs.16,42,800/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 11. The Insurance Company is directed to deposit the amount of compensation awarded within a period of two - 9 - HC-KAR NC: 2025:KHC:39920-DB MFA No. 6349 of 2018 C/W MFA No. 3225 of 2018 months from the date of receipt of a certified copy of this judgment. 12. The amount in deposit shall be transferred to the Tribunal. 13. Accordingly, the appeal of the insurer is dismissed and the appeal of the claimant is allowed. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 50