- 1 - HC-KAR NC: 2025:KHC:38842 MFA No. 5233 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5233 OF 2022 (MV-D) BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LTD., EAST WING, 5TH FLOOR, NO.28 CENTENARY BUILDING, M. G. ROAD BENGALURU - 560 001 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. SUNANDA R. W/O LATE ANANDAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.70A, ALAMBADI, MALUR TALUK, KOLAR DISTRICT - 563 160. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38842 MFA No. 5233 of 2022 2. AFROZ KHAN, S/O YUSUF KHAN, NIZAM MOHALLA, W/NEAR URDHU SCHOOL, MALUR TOWN, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI. GURUDEV PRASAD K. T., ADVOCATE FOR R1; V/O DATED 04.09.2025 NOTICE TO R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.04.2022 PASSED IN MVC NO. 3241/2021 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 (SCCH-20), AWARDING COMPENSATION OF RS. 25,15,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:38842 MFA No. 5233 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.3241/2021 dated 26.04.2022 by the V Addl. Small Causes Judge & MACT, Bengaluru, the insurance company is before this court. 2. The claim petition was filed seeking compensation of an amount of Rs.40,00,000/- for the death of the deceased in the road traffic accident occurred on 07.04.2021. It is the case of the respondent that on 07.04.2021 at 9.30 a.m. her son was proceeding on motor cycle in Malur taluk carefully. At that time a Mahindra Bolero vehicle came in a rash and negligent manner driver by its driver, dashed to the motor cycle belonging to her son, as result of forced impact, her son fell down and sustained grievous injuries and died on the spot. The tribunal has granted the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 24,30,000/- 2. Loss of estate : Rs. 30,000/- 3. Funeral and obsequies : Rs. 15,000/- 4. Loss of Consortium : Rs. 40,000/- TOTAL : Rs. 25,15,000/- - 4 - HC-KAR NC: 2025:KHC:38842 MFA No. 5233 of 2022 3. Learned counsel appearing for the insurance company submits that the court has granted 50% future prospects instead of 40%. Even under the conventional heads also the amount that is awarded by the tribunal is on the higher side. 4. Learned counsel appearing for the respondent/claimant submits that the tribunal had rightly granted the compensation and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the income at Rs.15,000/- the tribunal ought to have granted 40% future prospect which comes to Rs.6,000/- i.e, Rs.21,000/-. As he is a bachelor 50% has to be deducted, then his contribution to the family would be Rs.10,500/-. Hence Towards loss of dependency this court is inclined to grant an amount of Rs.22,68,000/-(Rs.10,500/-x12x18=Rs.22,68,000). Towards Loss of Consortium this court is inclined grant an amount of Rs.88,000/- and towards funeral expenses an amount of Rs.36,000/- is granted. - 5 - HC-KAR NC: 2025:KHC:38842 MFA No. 5233 of 2022 6. Altogether the claimant is entitled for compensation for an amount of Rs.23,92,000/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 24,30,000/- 22,68,000/- 2. Loss of estate Rs. 30,000/- 00/- 3. Funeral and obsequies Rs. 15,000/- 36,000/- 4. Loss of Consortium Rs. 40,000/- 88,000/- TOTAL Rs. 25,15,000/- 23,92,000/- i. Accordingly, the appeal filed by the Insurance company is Partly Allowed by reducing the compensation from an amount of Rs.25,15,000/- to Rs.23,92,000/- at 6% interest. ii. The amount in deposit shall be forthwith transferred to the tribunal. 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. - 6 - HC-KAR NC: 2025:KHC:38842 MFA No. 5233 of 2022 v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 37