- 1 - HC-KAR NC: 2025:KHC:32960 MFA No. 5009 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5009 OF 2023 (MV-D) BETWEEN: UNITED INDIA INSURANCE CO. LTD., MOTOR CLAIMS HUB, NO.18, 6TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE, BANGALORE-560001, NOW REPRESENTED BY ITS ASSISTANT MANAGER …APPELLANT (BY SRI. L SREEKANTA RAO, ADVOCATE) AND: 1. CHIKKAMUNIYAPPA S/O. LATE MUNICHIKKAPPA, AGED ABOUT 66 YEARS, 2. RAGHU S/O. CHIKKAMUNIYAPPA, AGED ABOUT 43 YEARS, 3. SURI S/O. CHIKKAMUNIYAPPA, AGED ABOUT 40 YEARS, 4. RAVI S/O. CHIKKAMUNIYAPPA, AGED ABOUT 38 YEARS, R1 TO 4 ARE RESIDING AT NO.36, NEAR ST.GASPER CHURCH, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32960 MFA No. 5009 of 2023 KITHAGANUR LAYOUT, BANGALORE-560 036. 5. A. RAMAMURTHY NO. 240, SAMUDHAYA BHAVAN, VEERENAHALLI, BANGALORE-560 049. …RESPONDENTS (BY SRI. GURUDEV PRASAD K T.,ADVOCATE FOR R1 TO R4 R5-A RAMAMURTHY-SD) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.04.2023 PASSED IN MVC NO.4625/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M, MEMBER, M.A.C.T, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS. 14,90,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.4625/2022 dated 21.04.2023 by the Motor Accidents Claims Tribunal and V Additional Judge SCCH-20, Mayo Hall Unit, Bengaluru whereby the Tribunal had awarded compensation of Rs.14,89,225/-. The Insurance Company is before this Court. - 3 - HC-KAR NC: 2025:KHC:32960 MFA No. 5009 of 2023 2. The facts of the case is that on 25.07.2022 at about 6.10 p.m, one Rathanamma was standing in front of her house, while the offending lorry coming in reverse direction in negligent manner dashed to Rathanamma, due to forced impact, the Rathanamma died on the spot. The claimants have spent more than Rs.1,00,000/-. The claim petition is filed seeking compensation of Rs.30,00,000/-. 2. Learned counsel appearing for the Insurance Company submits that the Tribunal had considered all the four as dependants but 3 children are well educated, well employed and they cannot be termed as dependent of the deceased. The Tribunal ought not to have deducted 1/4th. It is further submitted that 50% has to be deducted and the compensation amount awarded needs to be reduced. 3. Learned counsel appearing for the respondents submits that the Tribunal had rightly granted compensation and there are no grounds to interfere. 4. Having heard the learned counsels on either side, perused the materials on record. The accident had occurred in - 4 - HC-KAR NC: 2025:KHC:32960 MFA No. 5009 of 2023 the year 2022 and as per the chart prepared by the Legal Services Authority, the income is Rs.15,500/- as she is aged about 57 years, 10% future prospects will come to Rs.17,050/- (Rs.15,500+1550). As rightly argued by the learned counsel for the Insurance Company, the 3 children cannot be termed as the dependents, only the husband is the dependent. Even in that case, 1/3rd has to be deducted and it comes to Rs.5683/-, then the contribution to the family is Rs.11,666/-. Towards loss of dependency an amount of Rs.12,27,528/- (Rs.11,366x12x9) is granted. Towards loss of consortium, there are 3 children and the husband, hence an amount of Rs.1,76,000/- (Rs.44,000x4) is granted. Towards the funeral expenses an amount of Rs.36,000/- is granted. 5. Accordingly the Appeal of the Insurance Company is partly allowed by reducing the compensation from Rs.14,89,225 to Rs.14,39,528/-. i. The amount in deposit shall be forthwith transferred to the trial Court. - 5 - HC-KAR NC: 2025:KHC:32960 MFA No. 5009 of 2023 ii. Remaining amount if any shall be deposited within eight weeks from the date of receipt of copy of this order. iii. 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. iv. No costs. v. Pending I.As, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 3 Sl No.: 24