- 1 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1560 OF 2025 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2139 OF 2025 (MV-D) IN MFA NO. 1560/2025 BETWEEN: THE BRANCH MANAGER, SBI GENERAL INSURANCE CO. LTD., NATRAJ, 301, JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA-ROAD, ANDHERI (EAST), MUMBAI - 400 069. REP IT'S THE BRANCH MANAGER, SBI GENERAL INSURANCE CO. LTD., 1ST FLOOR, ILAND ORNATE, SHOP NO.4 AND 5, NAVABHARATH CIRCLE, OPP: OCEAN PEARL HOTEL, MANGALURU TALUK, D.K - 575 003. THE LEGAL MANAGER, SBI GENERAL INSURANCE COMPANY LTD., NO.3/1, RUKMINI TOWERS, 1ST FLOOR, PLATFORM ROAD, NEW SWATHI HOTEL, SHESHADRIPURAM, BENGALURU - 560 020 …APPELLANT (BY SRI. MALLIKARJUNA REDDY N.A., FOR SRI. PRADEEP B., ADVOCATE) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 AND: 1. LAXMAN ACHARYA, S/O. LATE BABU ACHARYA, AGED ABOUT 60 YEARS, SINCE THE 1ST RESPONDENT IS BEING DUMB AND DEAF WILL BE REPRESENTED BY HIS N/G I.E., WIFE MRS. JAYANTHI 2. MRS. JAYANTHI, W/O. LAXMANA ACHARYA, AGED ABOUT 50 YEARS 3. CHANDRESHA, S/O. LAXMANA ACHARYA, AGED ABOUT 24 YEARS ALL ARE R/AT #203/9, GURIPALLA HOUSE, KANYADY, BELTHANGADY TALUK, D.K.- 574240. 4. SRIKANTH DATTATRI, S/O. DATTATRI B.N., MAJOR, R/O. SHRI NIKETAN, PARAMOUNT LAYOUT, NEAR GOVT. RATION SHOP, KOLAMBE VILLAGE, SUNKADAKATTE POST, MANGALURU TALUK, D.K.- 574 142 …RESPONDENTS (BY SRI. RAVISHANKAR SHASTRY .G., ADVOCATE FOR R1 TO R3. V/O DT.10/03/2025, NOTICE TO R4 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2024 PASSED IN MVC NO.471/2022 ON THE FILE OF THE III ADDITIONAL DISTRICT - 3 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 AND SESSIONS JUDGE AND MEMBER, MACT IV, D.K.MANGALURU, AWARDING COMPENSATION OF RS.28,69,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2139/2025 BETWEEN: 1. LAXMAN ACHARYA, S/O. LATE BABU ACHARYA, AGED ABOUT 60 YEARS, (APPELLANT NO.1 BEING DUMB AND DEAF REPRESENT REPRESENTED BY HIS NEXT FRIEND AND NATURAL GUARDIAN WIFE MRS. JAYANTHI) 2. MRS. JAYANTHI, W/O. LAXMANA ACHARYA, AGED ABOUT 50 YEARS 3. CHANDRESHA, S/O. LAXMANA ACHARYA, AGED ABOUT 24 YEARS ALL ARE R/AT #203/9, GURIPALLA HOUSE, KANYADY, BELTHANGADY TALUK, D.K.- 574240. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY .G., ADVOCATE) AND: 1. SRIKANTH DATTATRI, S/O. DATTATRI B.N., MAJOR, PRESENTLY RESIDING AT SHRI. NIKETAN, PARAMOUNT LAYOUT, NEAR GOVT. - 4 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 RATION SHOP, KOLAMBE VILLAGE, SUNKADAKATTE POST, MANGALURU TALUK, D.K.- 574 142 2. THE BRANCH MANAGER, SBI GENERAL INSURANCE CO. LTD., "NATRAJ", 301, JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA-ROAD, ANDHERI (EAST), MUMBAI - 400 069. REPRESENTED BY ITS BRANCH MANAGER, SBI GENERAL INSURANCE CO. LTD., 1ST FLOOR, INLAND ORNATE, SHOP NO.4 AND 5, NAVABHARATH CIRCLE, OPP: OCEAN PEARL HOTEL, MANGALURU TALUK, D.K - 575 003. …RESPONDENTS (BY SRI. SHARADI .S. SHETTY, ADVOCATE FOR R1. R2 SD.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2024 PASSED IN MVC NO.471/2022 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT IV, D.K.MANGALURU, 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 MRS. JUSTICE P SREE SUDHA - 5 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 COMMON ORAL JUDGMENT Both the matters are to be disposed of in one appeal, as both the appeals are filed against the same order. Hence, common order is passed in both the appeals. 2. MFA No.1560/2025 is filed by Insurance Company disputing the quantum and MFA No.2139/2025 is filed by the claimants for enhancement of compensation under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 30.11.2024 passed in MVC No. 471 of 2022, by the Court of Motor Vehicle Accident Claims Tribunal-IV and in the Court of III Additional District Judge, D.K. Mangaluru. 3. Heard the arguments of both the learned counsel. 4. The status of the parties before the Tribunal is retained for the sake of convenience. 5. Brief facts of the case are that, Sri.Hareesh @ Harish died in a road traffic accident on 22.01.2022. His - 6 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 parents and brother filed claim application claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire oral and documentary evidence granted an amount of Rs.28,69,500/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Being aggrieved by the said order, both the Insurance Company and claimants have preferred these appeals. 6. It was stated that, Sri.Hareesh @ Harish was aged 25 years and working as a carpenter and earning Rs.28,000/- per month. But no evidence is produced before the Tribunal regarding his income. As such, the notional income is to be taken as per the guidelines given by Karnataka State Legal Services Authority. Sri.Hareesh @ Harish met with an accident in the year 2022. Therefore, his income is to be taken as Rs.15,500/- per month. 40% is to be added towards his future prospects, as per the decision of Hon’ble Apex Court in the case of - 7 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 National Insurance Company Limited Vs. Pranay Sethi1. As per the guidelines of Hon’ble Apex Court in case of Sarla Verma Vs. Delhi Transport Corporation2, if the deceased was unmarried, 50% is to be deducted towards his personal expenses. Rs.15,500/- plus 40% to be added, which comes to (Rs.15,500+40%=Rs.6,200) (15,500+6200=21700/2=10,850). The multiplier applicable is '18'. Therefore, loss of dependency comes to Rs.23,43,600/-. (10,850x12x18). 7. This Court finds that, petitioner No.3 is the brother, aged 21 years and he was not dependent on the deceased and he is dependent on petitioner No.1-father of the deceased. Therefore, he is not entitled for any apportionment in the compensation. Petitioner Nos.1 and 2 are entitled for filial consortium of Rs.40,000/- each and they are also entitled for Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral and 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 8 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 transportation expenses, as per the guidelines of the Hon’ble Apex Court in Pranay Sethi(supra). 8. Hence, the compensation is reduced from Rs.28,69,500/- to Rs.24,53,600/- along with interest at 6% per annum from the date of petition till the date of deposit. 9. In the result, the following order is passed: ORDER i. The Appeals are allowed in part. ii. The judgment and award dated 30.11.2024 passed in MVC No.471/2022 by the Court of the Motor Vehicle Accident Claims Tribunal-IV and in the Court of III Additional District Judge, D.K. Mangaluru is modified; iii. The claimants are entitled to a sum of Rs.24,53,600/- along with interest at 6% per annum from the date of petition till the - 9 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 date of realization as against Rs.28,69,500/-. iv. The appellant-Insurance Company is directed to deposit the said amount within one month from the date of this order. v. Petitioner Nos.1 and 2 are permitted to withdraw the entire amount along with interest accrued on the same, equally. vi. 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. vii. The appellant-Insurance Company has already deposited the amount granted by the Tribunal. The appellant-Insurance Company to calculate the actual amount to be paid as per these appeals and if any, excess amount is deposited, they are entitled for refund of excess amount. - 10 - HC-KAR NC: 2025:KHC:33095 MFA No. 1560 of 2025 C/W MFA No. 2139 of 2025 viii. Statutory deposit, if any, deposited by the appellant-Insurance company shall be transferred to the MACT. ix. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE SPV CT:VS List No.: 2 Sl No.: 31