- 1 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6254 OF 2024(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.7617 OF 2025(MV-D) IN MFA No.6254/2024 BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., REPRESENTED BY SANTHOSH B.L, NO.28, 5TH FLOOR, CETENNARY BUILDING, EAST WING, M.G. ROAD, BANGALORE - 560 061, REP. BY ITS MANAGER LEGAL, …APPELLANT (BY SRI. D. VIJAYA KUMAR, ADVOCATE) AND: 1. SMT. GULZAR, W/O LATE KHALEEL AHAMED, AGED ABOUT 43 YEARS, 2. MOHAMED GOUSE, S/O LATE KHALEEL AHAMED, AGED ABOUT 36 YEARS, 3. MOHAMED FAROOQ K., S/O LATE KHALEEL AHAMED, AGED ABOUT 33 YEARS, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 4. MOHAMED SIRAJ, S/O LATE KALIL AHAMAD, AGED ABOUT 20 YEARS, 5. MOHAMED KAYUM, S/O LATE KHALEEL AHAMED, AGED ABOUT 18 YEARS, ALL ARE R/AT: NEW COLONY, GONDIHALLI ROAD, 3RD WARD, KORATAGERE TOWN, KORATAGERE TALUK TUMAKURU DISTRICT - 572 129. NOW ALL ARE R/AT: YALLAPURA VILLAGE, AJJIHALLI POST, KASABA HOBLI, TUMAKURU TALUK AND DISTRICT - 572 106. 6. SRI. HANUMANTHARAYAPPA, S/O BYRAPPA, AGED ABOUT 46 YEARS, R/AT BUKKAPATNA VILLAGE C.N. DURGA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT- 572 129. (OWNER OF SWARAJ 744 E TRACTOR AND TRAILER BEARING ITS REG.NO.KA-27-TA-2328 AND KA-06-T-8839) …RESPONDENTS (BY SRI. MALLIKARJUN B. RYAKHA, ADVOCATE FOR R1, R2, R4 AND R5; R6 – SERVED AND UNREPRESETNED; V/O DATED 17.11.2025 R1, R2, R4 AND R5 ARE TREATED LRS OF DECEASED R3) - 3 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.07.2024 PASSED IN MVC NO.279/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, AWARDING COMPENSATION OF RS.15,13,800/- WITH INTEREST OF 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 7617/2025 BETWEEN: 1. SMT. GULZAR, W/O LATE KHALEEL AHAMED, AGED ABOUT 44 YEARS, 2. MOHAMED GOUSE, S/O LATE KHALEEL AHAMED, AGED ABOUT 37 YEARS, 3. MOHAMED SIRAJ, S/O LATE KHALEEL AHAMED AGED ABOUT 21 YEARS, 4. MOHAMED KAYUM, S/O LATE KHALEEL AHAMED, AGED ABOUT 19 YEARS, ALL THE APPELLANTS ARE R/AT, NEW COLONY, GONDIHALLI ROAD, 3RD WARD, KORATAGERE TOWN, KORATAGERE TALUK - 572 129, TUMAKURU DISTRICT - 572 101. NOW ALL THE APPELLANTS ARE RESIDENT OF YELLAPURA VILLAGE AJJIHALLI POST, KASABA HOBLI TUMAKURU TALUK AND DISTRICT – 572 101. ...APPELLANTS (BY SRI. MALLIKARJUN D. RYAKHA, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 AND: 1. SRI. HANUMANTHARAYAPPA, S/O BYRAPPA, AGED ABOUT 47 YEARS, R/AT BUKKAPATNA VILLAGE, C.N. DURGA HOBLI, KORATAGERE TALUK - 572 129. TUMAKURU - 572 129. 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., B.L. NO.28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, M.G. ROAD, BANGALORE - 560 061. ...RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.07.2024 PASSED IN MVC NO.279/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF - 5 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These two appeals, MFA Nos.6254/2024 and 7617/2025 are by the insurer as well as claimants, calling in question the common judgment and award dated 04.07.2024 in MVC No.279/2023 passed by the I Additional Senior Civil Judge and CJM, Tumkuru ('the Tribunal' for short) only on the quantum. 2. The date of accident, involvement of the vehicle, death of Khaleel Ahmed and the liability to pay compensation are not in dispute. 3. The only dispute in the appeal filed by the insurer is that the Tribunal ought not to have added 15% towards future prospects to the existing income with reference to the age of the deceased, who was 58 years at the time of death. As far as the claimants are concerned, their dispute is with not awarding compensation under the head 'Loss of Filial Consortium'. - 6 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 4. Heard Sri D. Vijaya Kumar, learned counsel appearing for the insurer in MFA No.6254/2024 and Sri Mallikarjun D. Ryakha, learned counsel appearing for the appellants/claimants in MFA No.7617/2025. Notice to the first respondent in MFA No.6254/2024, though served, remained unrepresented. Notice to the first respondent in MFA No.7617/2025 is dispensed with. 5. Sri. D. Vijaya Kumar, submitted on a short ground that the deceased was aged 58 years as on the date of death. The future prospects, to be added to the existing income, should have been at 10% instead of 15% as taken by the Tribunal. This is the sole point on which the insurer is in appeal. If the percentage of 'Future Prospects' is reduced by 5%, it will reduce the 'Loss of Dependency', on this ground, he sought to allow the appeal to that extent. 6. Sri Mallikarjun B. Ryakha, does not dispute the submission made by Sri D. Vijaya Kumar, however, he submits that the Tribunal has not - 7 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 awarded compensation under the head 'Filial Consortium' as per the law settled by the Hon'ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi1, The Tribunal awarded a sum of Rs.40,000/- towards 'Loss of Consortium', whereas the deceased is survived by five claimants i.e., wife and four children. In these circumstances, the amount must have been Rs.2,00,000/- instead of Rs.40,000/- awarded by the Tribunal. 7. He further submits that the claimants are also entitled to 10% escalation on the conventional heads, which the Tribunal has failed to consider. With these, he sought to allow the appeal and enhance the compensation. 8. Having heard both the learned counsel appearing for the parties and perused the entire appeal papers on record. 9. With reference to the age of the deceased being 58 years as on the date of death, we find force 1 (2017) 16 SCC 680 - 8 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 in the argument of Sri D. Vijaya Kumar, that the Tribunal must to have added 10% instead of 15% towards 'Future Prospects'. 10. So far as the 'Loss of Filial Consortium' is concerned, as could be seen from the record, the Tribunal has awarded a sum of Rs.40,000/- in all. The deceased is survived by five dependents i.e., his wife and four children. Each of them is entitled to a sum of Rs.40,000/- towards 'Loss of Filial Consortium' in terms of the settled position of law. Further, the claimants are also entitled to 10% escalation on the conventional heads. Having regard to the settled position of law on both counts, the claimants are entitled to enhancement of compensation. 11. Both the counsels, in unison submitted that the income taken by the Tribunal at Rs.15,500/- is as per the income fixed under the chart prepared by the Karnataka State Legal Services Authority for the year 2022. - 9 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 12. Having considered the rival contentions, the compensation awarded by the Tribunal requires re-assessment, which is as follows: Sl. No. Particulars Rs. Amount 1. Loss of Dependency (Rs.15,500 + 10% x 12 x 9 x 3/4) : Rs. 13,81,050/- 2. Loss of Estate : Rs. 15,000/- 3. Funeral Expenses and transportation : Rs. 15,000/- 4. Filial Consortium (Rs.40,000 x 5) : Rs. 2,00,000/- 5. 10% escalation (2,30,000x10%) : Rs. 23,000/- TOTAL : Rs. 16,34,050/- 13. Accordingly, the claimants are entitled to a sum of Rs.16,34,050/- as against Rs.15,13,744/- (rounded off to 15,13,800/-) awarded by the Tribunal. The re-determined compensation shall carry interest at the rate of 6% per annum. 14. For the foregoing reasons, we proceed to pass the following: ORDER i. Both the appeal is allowed in part. - 10 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 ii. MFA Nos.6254/2024 and 7617/2025 common judgment and award dated 04.07.2024 in MVC No.279/2023 passed by the I Additional Senior Civil Judge and CJM, Tumkuru, is modified. iii. MFA No.6254/2024 is allowed only to the extent of reducing percentage of future prospects from 15% to 10%. iv. In MFA No.7617/2025, the compensation is re-determined as Rs. 16,34,050/- as against Rs.15,13,7 44/- (rounded off to 15,13,800/-), which shall carry interest at the rate of 6% per annum from rate of petition till realisation. v. The amount in deposit in MFA No.6254/2024, before this Court, shall be transmitted to the concerned Tribunal along with the accrued interest for disbursement. vi. The balance re-determined compensation along with the accrued interest stated supra shall be deposited by the appellant- insurer within eight weeks from the date - 11 - HC-KAR NC: 2025:KHC:48518-DB MFA No. 6254 of 2024 C/W MFA No. 7617 of 2025 of receipt of a copy of this order before the concerned Tribunal. vii. The order of apportionment as well as disbursement is as per the order passed by the Tribunal. viii. No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE TMP List No.: 1 Sl No.: 18