- 1 - NC: 2025:KHC-D:1885 MFA No. 23458 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23458 OF 2012 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI, REPRESENTED BY ITS ASST. MANAGER, REGIONAL OFFICE, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI-29. …APPELLANT (BY SRI G.N. RAICHUR, ADV. (V/C)) AND: 1. SRI MARUTI SUBBARAO WADDAR, AGE: 64 YEARS, OCC: NIL, R/O: NERLI VILLAGE, TQ: HUKKERI, DIST: BELAGAVI. 2. SRI SHIVARAM SUBBARAO WADDAR, AGE: 52 YEARS, OCC: NIL, R/O: NERLI VILLAGE, TQ: HUKKERI, DIST: BELAGAVI. 3. SRI SHRIKANT SUBBARAO WADDAR, AGE: 38 YEARS, OCC: NIL, R/O: NERLI VILLAGE, TQ: HUKKERI, DIST: BELAGAVI. 4. SRI YUNUSBEG SHAHAJANBEG INAMDAR, AGE: MAJOR, OCC: BUSINESS, R/O: MASARAGUPPI, TQ: HUKKERI, DIST: BELAGAVI. …RESPONDENTS (BY SRI HARISH S.MAIGUR, ADV. FOR R1 TO R3; NOTICE TO R4 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 23.05.2012 IN MVC NO.1515/2010 PASSED BY THE PRESIDING OFFICER, FAST TRACK AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HUKKERI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1885 MFA No. 23458 of 2012 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the insurance company challenging the judgment and award dated 23.05.2012, passed by the Fast Track and Motor Accident Claims Tribunal, Hukkeri, in MVC No.1515/2010, seeking to set aside the judgment and award passed by the tribunal. 2. The factum of accident, death of deceased Shashikant in a road traffic accident and coverage of insurance are not in dispute in this case. 3. The appellant-insurance company is disputing the aspect that the claimants being major brothers are not entitled to compensation under the head loss of dependency and this is the only ground raised in the appeal. 4. Learned counsel for the appellant-insurance company argued that since the claimants are major - 3 - NC: 2025:KHC-D:1885 MFA No. 23458 of 2012 brothers, they are not entitled to compensation under the head loss of dependency. Therefore, the tribunal has awarded compensation under the head loss of dependency by holding notional income of Rs.4,000/- per month and by deducting half of the income as the deceased was bachelor and accordingly awarded compensation of Rs.4,32,000/- (4,000 x 12 x18x1/2) under the head loss of dependency. Learned counsel for the appellant places reliance on the judgment of Hon’ble Apex Court in the case of The New India Assurance Company Limited V/s Anand Pal and Others in Civil Appeal No.7805/2022 and also judgment of Hon’ble Division Bench of this Court in the case of A.Manavalagan V/s A.Krishnamurthy and Others ILR 2004 KAR 3268. 5. Though the Tribunal has awarded compensation under the head loss of dependency, but the claimants are entitled to compensation under the head loss of estate. Though the claimants are not dependent on the deceased, but on account of death of deceased who is - 4 - NC: 2025:KHC-D:1885 MFA No. 23458 of 2012 brother of the claimants are entitled to compensation under the head loss of estate. While computing compensation under the head loss of estate, half of the income would be deducted irrespective of marriage status of the deceased. Therefore, if notional income of Rs.4,000/- per month is taken into consideration and half of the income is deducted, then the compensation awarded under the head loss of estate is same as in the present case under the head loss of dependency. 6. On other heads also though the Tribunal has awarded compensation on lesser terms but the claimants have not filed appeal. The claimants being brothers of the deceased are entitled to compensation under the head of loss of consortium as per law, but the tri awarded only Rs.5,000/- which is on the meager side. Therefore on other heads the compensation awarded is not disturbed. Therefore, by considering overall quantum of compensation is found to be just and reasonable and whatever compensation awarded under the head of loss of - 5 - NC: 2025:KHC-D:1885 MFA No. 23458 of 2012 dependency is converted as if under the head of loss of estate. Therefore, the appeal is liable to be dismissed. 7. The amount in deposit made by the appellant- Insurance Company shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM para 1 to 5 PMP para 6 to end List No.: 1 Sl No.: 61