- 1 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 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. 6703 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3204 OF 2023 (MV-D) IN MFA No. 6703/2023 BETWEEN: 1. SMT. SANJEVAMMA W/O SHIVALINGAPPA @ SHIVALINGAIAH AGED ABOUT 42 YEARS, 2. SHIVALINGAPPA @ SHIVALINGAIAH S/O GURUSIDDAPPA, AGED ABOUT 44 YEARS, 3. HEMALATHA W/O PRAKASH D/O SHIVALINGAPPA @ SHIVALINGAIAH AGED ABOUT 25 YEARS, ALL ARE RESIDING AT HANUMAN CHARALOU, PAVAGADA TALUK 3 561 202 NOW ALL ARE RESIDING AT SIRAGATE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT - 577 101. &APPELLANTS (BY SRI. M.D.RYAKHA, ADVOCATE) AND: 1. OBALESHA S/O KEISHNAPPA AGED ABOUT 50 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 R/A BENKIPURA, MADHUGIRI TOWN, MADHUGIRI TALUK-572 132, TUMAKURU DISTRICT 2. THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, OFFICE AT BALAJI TOWERES, 1ST FLOOR, ASHOKA NAGARA, B.H.ROAD, TUMAKURU - 577 101. &RESPONDENTS (BY SMT.H.R.RENUKA, ADVOCATE FOR SRI.PRADEEP B., ADVOCATE FOR R2 V/O/D 22/08/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2023 PASSED IN MVC NO.8/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, XI TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3204/2023 BETWEEN: THE MANAGER RELIANCE GIC LTD., OFFICE AT BALAJI TOWERS, 1ST FLOOR, ASHOKA NAGARA, B.H ROAD, TUMAKURUR NOW REP BY THE LEGAL MANAGER, RELIANCE GIC LTD., 5TH FLOOR, CENTENARY BUILDING, NO.28, M.G. ROAD, BANGALORE-560 001 ...APPELLANT (BY SMT.H.R.RENUKA, ADVOCATE FOR SRI.PRADEEP B., ADVOCATE) AND: 1. SMT SANJEVAMMA, W/O SHIVALINGAPPA AT SHIVALINGAIAH, - 3 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 AGED ABOUT 42 YEARS 2. SHIVALINGAPPA @ SHIVALINGAIAH, S/O LATE GURUSIDDAPPA AGED ABOUT 44 YEARS 3. HEMALAHTA D/O SHIVALINGAPPA AT SHIVALINGAIAH, AGED ABOUT 25 YEARS ALL ARE R/AT HANUMAN CHARALOU PAVAGADA TALUK CURRENTLY R/AT SIRAGATE KASABA HOBLI TUMKUR TALUK & DISTRICT 4. OBALESHA S/O KEISHNAPA, AGED ABOUT 50 YEARS,. T/O BENKIPURA MADHUGIRI TOWN, MADHUGIRI TLAUK, TUMKURU DISTRICT. ...RESPONDENTS (BY SRI. M.D.RYAKHA, ADVOCATE FOR R1-R3 V/O/D 31/05/2023- NOTICE TO R4 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2023 PASSED IN MVC NO. 8/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M, M.A.C.T.XI, TUMAKURU, AWARDING COMPENSATION OF RS. 22,63,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.8/2021 dated 22.02.2023 by the Addl. Senior Civil Judge & MACT.XI, Tumkuru, the claimant as well as insurance company are before this court questioning the quantum. The appeal of the claimant is MFA.No.6703/2023 and the Insurance Company9s Appeal is MFA No.3204/2023. 2. The claim petition is filed seeking compensation of an amount Rs.50,00,000/- for the death of the deceased. The age of the deceased as on the date of the accident is 20 years and the Tribunal has awarded compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency Rs. 20,87,856/- 2. Love and affection Rs. 1,50,000/- 3. Funeral and transportation expenses Rs. 25,000/- TOTAL Rs. 22,62,856/- 3. Learned counsel appearing for the claimant submits that the court had failed to grant 40% future prospects and the - 5 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 compensation that is awarded by the tribunal is not a just and reasonable compensation. 4. Learned counsel appearing for the insurance company submits that the deceased was a bachelor, the tribunal ought to have deducted 50% towards personal expenses whereas in this case, the tribunal had deducted 1/3rd of his income which is not correct. It is submitted that on that count the compensation needs to be reduced. 5. Having heard the learned counsels on either side, perused the entire material on record. This accident had taken place in the year 2020 and as per the table the income is taken as Rs.14,500/-. The deceased is 20 years old and future prospects at 40% comes to Rs.5,800/- i.e., Rs.20,300/- (Rs.14,500/- x40%= Rs.5,800/- + Rs.14,500/- =Rs.20,300/-) As he is a bachelor, 50% has to be deducted. After deducting 50% his contribution to the family would be Rs.10,150/-. Under the head of loss of dependency, this court is granting an amount of Rs.21,92,400/- (Rs.10,150/- x 12 x 18= Rs.21,92,400/-). As there are three defendants, towards loss of consortium this court is granting an amount of - 6 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 Rs.1,32,000/- (Rs.44,000/- x 3 = Rs.1,32,000/-). Towards Funeral expenses this court is granting an amount of Rs.36,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA Vs. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether the claimant9s are entitled for an amount of Rs.23,70,400/-. 7. The claimant9s are therefore entitled for the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 20,87,856/- 21,92,400/- 2. Love and affection Rs. 1,50,000/- 1,32,000/- 3. Funeral and transportation expenses Rs. 25,000/- 36,000/- 4. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 22,62,856/- 23,70,400/- i. Accordingly, the appeal filed by the claimant MFA.No.6703/2023 is partly allowed by enhancing the compensation from an amount of 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 Rs.22,63,000/- to Rs.23,70,400/-. The appeal of the Insurance Company MFA.No.3204/2023 is dismissed. ii. The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. iii. The amount in deposit shall be forthwith transferred to the tribunal. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. Respondent-Insurance Company shall deposit the compensation amount with accrued interest within a period of eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. vi. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. - 8 - HC-KAR NC: 2025:KHC:33252 MFA No. 6703 of 2023 C/W MFA No. 3204 of 2023 vii. No Costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS/List No.: 3 Sl No.: 13