- 1 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1462 OF 2018 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1463 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2478 OF 2018 (MV-D) IN MFA No. 1462/2018: BETWEEN: UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, 5TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 001 REP. BY ITS MANAGER. …APPELLANT (BY SRI. A.M. VENKATESH,ADVOCATE) AND: 1. MANJULA A W/O LATE GOVINDARAJU N AGED ABOUT 38 YEARS 2. SUSHMA G D/O LATE GOVINDARAJU N AGED ABOUT 16 YEARS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 3. RENUSHREE G D/O LATE GOVINDARAJU N AGED ABOUT 15 YEARS 4. LAKSHMAMMA W/O NARASIHMAIAHA, AGED ABOUT 68 YEARS 5. NARASIHMAIAH S/O LATE ABBAYYA AGED ABOUT 78 YEARS SINCE RESPONDENT NOS.2 AND 3 ARE MINORS REP. BY THEIR MOTHER. RESPONDENT NOS.1 TO 3 ARE RESIDING AT NO.16, 13TH CROSS, 15TH MAIN J.C. NAGARA, KURUBARAHALLI MAHALAKSHMI LAYOUT BENGALURU. RESPONDENT NOS.4 AND 5 ARE RESIDING AT NO.1643/2 12TH CROSS, 2ND STAGE, M. PALYA, BENGALURU. 6. M/S. GOKULRAJ TRANSPORT NO.528, 3RD MAIN, BSK 3RD STAGE, HOSAKEREHALLI, BENGALURU-560 085 …RESPONDENTS (BY SRI. K. SHANTHARAJ, ADVOCATE FOR R1 TO R5; (R2 AND R3 ARE MINOR REPRESENTED BY R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2017 PASSED IN MVC NO.2863/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & XX ACMM & MEMBER MACT, BENGALURU, AWARDING COMPENSATION OF RS.15,54,000/- WITH - 3 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA NO. 1463/2018: BETWEEN: UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, 5TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 001 REPRESENTED BY ITS MANAGER. ...APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) AND: 1. KIRAN S W/O. SUBRAMANYAM, AGED ABOUT 30 YEARS RESIDING AT NO.586/C, 18TH MAIN, 3RD STAGE MANJUNATHANAGAR, BENGALURU-560010. 2. M/S. GOKULRAJ TRANSPORT NO.528, 3RD MAIN, BSK 3RD STAGE, HOSAKEREHALLI, BENGALURU-560 085. ...RESPONDENTS (BY SRI. K. SHANTHARAJ, ADVOCATE FOR R1 TO R5; (R2 AND R3 ARE MINOR REPRESENTED BY R1) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 31.07.2017 PASSED IN MVC NO.2864/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, & XX ACMM, MEMBER, MACT, BENGALURU, (SCCH-24), AWARDING COMPENSATION OF RS.2,67,800/- WITH INTEREST @ 8% - 4 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 P.A. FROM THE DATE OF PETITION TILL DEPOSIT EXCLUDING THE FUTURE MEDICAL EXPENSES OF RS.8,000/-. IN MFA NO. 2478/2018: BETWEEN: 1. SMT. MANJULA A W/O LATE GOVINDARAJU N AGED ABOUT 38 YEARS 2. SUSHMA G D/O LATE GOVINDARAJU N, AGED ABOUT 16 YEARS 3. RENUSHREE G D/O LATE GOVINDARAJU N, AGED ABOUT 15 YEARS 4. LAKSHMAMMA W/O NARASIMHAIAH, AGED ABOUT 68 YEARS APPELLANT NOS.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN NO.1 APPELLANT ALL ARE R/AT NO.16, 13TH CROSS, 15TH MAIN, J.C.NAGARA, KURUBARAHALLI, MAHALAKSHMI LAYOUT, BENGALURU-560 086. ...APPELLANTS (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, - 5 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 5TH FLOOR, KRUSHI BHAVAN, NRUPATUNGA ROAD, HUDSON CIRCLE, BENGALURU-560 001. 2. M/S. GOKULRAJ TRANSPORT INSURANCE COMPANY LTD., NO.528, 3RD MAIN, BSK 3RD STAGE, HOSAKEREHALLI, BENGALURU-560 085. ...RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R1; V/O DATED 26.08.2021, NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 31.07.2017 PASSED IN MVC NO.2863/2015 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE AND 20TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE & MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeals have been filed against the common judgment and award dated 31.07.2017 passed by the Court of XXII Additional Small Causes Judge and XX - 6 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 Additional Chief Metropolitan Magistrate and MACT, Bengaluru in MVC No.2863/2015 and MVC.No.2864/2015. 2. The pillion rider of the scooter bearing registration No.KA-02-HY-2284, Mr. Govindaraju.N, died in the accident, whereas the rider of the scooter sustained grievous injuries when the scooter met with an accident with the tempo bearing registration No.KA-5/D-2099. The two claim petitions came to be filed, one by the injured rider and another by the dependants of the deceased late Govindaraju N. So far as the award passed in M.V.C.No.2863/2015 by the rider of this scooter is concerned, the same has attained finality as no appeal has been filed by him against the award. However, so far as the award passed in M.V.C.No.2864/2015 by the dependents of late Govindaraju are concerned, present appeal has been filed by the dependents of the claimants seeking enhancement, whereas the insurance company has challenged the said award on the ground of liability, stating that the driver of the vehicle had the driving - 7 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 license for driving the heavy motor vehicle, but he was driving a light motor vehicle / two wheeler in violation of the contract of insurance. 3. So far as the appeal filed by the insurance company i.e. M.F.A.No.1462/2018 c/w M.F.A.No.1463/2018 is concerned, Mr.A.M.Venkatesh, learned counsel appearing for the insurance company/United India Insurance Company Limited, fairly submits that the issue is no longer res integra and it is covered against the insurance company. Therefore, he does not press the said appeal except for rate of interest awarded by the Tribunal. 4. So far as the appeal filed by the claimants/dependents of the late Govindaraju.N is concerned, we have considered the issue that whether the compensation awarded by the Motor Accident Claim Tribunal (MACT) is just and fair or whether it requires an interference by this Court. - 8 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 5. The deceased was 39 years old, the accident took place in the year 2015. The deceased had five dependants. The Tribunal has considered the notional monthly income of the deceased as Rs.8,000/-, whereas, as per the circular issued by the Karnataka State Legal Services Authority, the notional income in respect of the death that occurred in the year 2015 in an accident should have been taken at Rs.9,000/- per month. The future prospects have been added only 30%, whereas the future prospects should have been added to 40%. Therefore, the loss of dependency has to be recalculated as Rs.9,000+40%, and after deduction 1/4 income for personal expenses, it would come to Rs.9,450x12x15x40% which comes to Rs.17,01,000/-. 6. The compensation for conventional heads also require to be interfered with. There are five dependants, therefore, the loss of consortium should be Rs.40,000x5 is equal to Rs.2,00,000. The funeral expenses Rs.15,000/- and loss of estate Rs.15,000/- are to be added. Thus, - 9 - HC-KAR NC: 2025:KHC:42896-DB MFA No. 1462 of 2018 C/W MFA No. 1463 of 2018 MFA No. 2478 of 2018 compensation would come to Rs.19,31,000/-. Thus, the award passed by the learned tribunal is modified. Accordingly, we draw the modified award. 7. The appellants/claimants shall be entitled for a sum of Rs.19,31,000/- in place of Rs.15,54,000/- awarded by the Tribunal with 6% interest from the date of application till the payment. Any amount deposited, in this Court shall be remitted to the Tribunal for disbursement to the claimants. The Tribunal shall disburse the compensation in terms of the apportionment etc., as ordered by the Tribunal. In view of the aforesaid, both the appeals are partly allowed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE GJM List No.: 1 Sl No.: 29