- 1 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.202120 OF 2024 (MV-D) C/W MISCL. FIRST APPEAL NO.202379 OF 2024 (MV-D) IN MFA NO.202120/2024: BETWEEN: 1. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., S.S. TEMPLE BACKSIDE, VIJAYAPURA, THROUGH ITS DEPUTY MANAGER. …APPELLANT (BY SRI. NARENDRA REDDY, ADVOCATE) AND: 1. ARADHYA D/O AMOGASIDDA @ AMOG NADANAGE, AGE: 08 YEARS, SINCE MINOR R/BY HER M/G R2. 2. MALLAPPA BASAPPA NANDANAGE, AGE: 66 YEARS, OCC: AGRICULTURE, 3. SUBHADRA W/O MALLAPPA NANDANAGE, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 ALL R/O. DHOTRI D. SOLAPUR, NOW AT RAMANAGAR, VIJAYAPURA-586 101. 4. SUPER INDIA GLOBAL LOGISTICS PRIVATE LIMITED, BUILDING NO.523/21, SHANTI NAGAR COLONY, OPP. IRON FOOT BRIDGE, N.H.8, NEAR RAJU CHOWKVA GURAGAON (HARYANA)-122011, OWNER OF DABBA LORRY BEARING NO.HR-55/AC-1825). 5. THE AUTHORISED SIGNATORY ROYAL SUNDARAM GENERAL INS. CO. LTD., SUMMONS TO BE SERVED LOCAL BRANCH OFFICE, NEAR ANANYA HOSPITAL, LINGAD ROAD 619, VIJAYAPURA-586 101. 6. SHAMRAO ABANNA CHANDAKE, AT POST SANGADARI, TQ. S. SOLAPUR, DIST. SOLAPUR-413 001, (OWNER OF CAR BEARING NO.MH-13/CS-5640). …RESPONDENTS (BY SRI. SANGANABASAVA B. PATIL, ADV. FOR R1 TO R3; SRI. SUDARSHAN M., ADV. FOR R5; V/O DTD. 13.08.2025, NOTICE TO R4 AND R6 ARE D/W) THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGEMENT AND AWARD DATED 06.03.2024 PASSED BY THE MACT NO. VII VIJAYAPURA, IN MVC NO.612/2019 BY ALLOWING THE APPEAL AS PRAYED FOR. IN MFA NO.202379/2024: BETWEEN: 1. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., - 3 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 S.S. TEMPLE BACKSIDE, VIJAYAPURA, THROUGH ITS DEPUTY MANAGER. …APPELLANT (BY SRI. NARENDRA REDDY, ADVOCATE) AND: 1. ARADHYA D/O AMOGASIDDA @ AMOG NADANAGE, AGE: 08 YEARS, SINCE MINOR R/BY HER M/G R2. 2. MALLAPPA BASAPPA NANDANAGE, AGE: 66 YEARS, OCC: AGRICULTURE, 3. SUBHADRA W/O MALLAPPA NANDANAGE, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, 4. MALAKARASIDDA MALLAPPA NANDANAGE, AGE: 24 YEARS, OCC: STUDENT, ALL R/O. DHOTRI, D. SOLAPUR, NOW AT RAMANAGAR, VIJAYAPURA-586 101. 5. SUPER INDIA GLOBAL LOGISTICS PRIVATE LIMITED, BUILDING NO.523/21, SHANTI NAGAR COLONY, OPP. IRON FOOT BRIDGE, N.H.8, NEAR RAJU CHOWKVA GURAGAON (HARYANA)-122011, OWNER OF DABBA LORRY BEARING NO.HR-55/AC-1825). 6. THE AUTHORISED SIGNATORY ROYAL SUNDARAM GENERAL INS. CO. LTD., SUMMONS TO BE SERVED LOCAL BRANCH OFFICE, NEAR ANANYA HOSPITAL, LINGAD ROAD 619, - 4 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 VIJAYAPURA-586 101. 7. SHAMRAO ABANNA CHANDAKE, AT POST SANGADARI, TQ. S. SOLAPUR, DIST. SOLAPUR-413 001, (OWNER OF CAR BEARING NO.MH-13/CS-5640). …RESPONDENTS (BY SRI. SANGANABASAVA B. PATIL, ADV. FOR R1 TO R4; SRI. SUDARSHAN M., ADV. FOR R6; V/O DTD. 10.09.2025, NOTICE TO R5 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGEMENT AND AWARD DATED 06.03.2024 PASSED BY THE MACT NO. VII VIJAYAPURA, IN MVC NO.554/2019 BY ALLOWING THE APPEAL AS PRAYED FOR. THESE APPEALS COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These two appeals are by the appellant/Insurance Company, calling in question, the common judgment and award passed by II Additional Senior Civil Judge and Member, MACT-VII, Vijayapura, dated 06.03.2024 in MVC - 5 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 No.554/2019 and MVC No.612/2019, (for short, ‘the Tribunal’) only on the quantum of compensation. 2. The date of accident, involvement of vehicle, death of Amogsiddha @ Amog and his wife Ashwini i.e., the parents of minor Aaradhya-claimant No.1/petitioner No.1 in both the appeals the liability to pay the compensation are not in dispute. The only dispute in these appeals as contended by the insurer is the compensation awarded is exorbitant and requires reduction. 3. Heard the Sri.Narendra Reddy, learned counsel for the appellant-Insurance Company in both the appeal and Sri.Sanganabasav B Patil, learned counsel for respondent Nos.1 to 3 and Sri. Sudarshan,M., learned counsel appearing for the respondent No.5 in both the appeals. In MFA No.202120/2024 vide order dated 13.08.2025 notice on respondent Nos.4 and 6 is dispensed with. So also, in MFA No.202379/2024 vide order dated - 6 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 10.09.2025 notice on respondent No.5 and 7 is dispensed with. 4. Sri.Narendra Reddy, with all vehemence submitted has that in MFA No.202120/2024, the claimants are the minor daughter and parents-in-law of the deceased Smt.Ashwini. The Tribunal has awarded compensation in a sum of Rs.26,71,272/- in MVC No.612/2019 deducting 1/3rd towards personal expenses, under the head of loss of dependency. Therefore, the compensation awarded under the head requires reconsideration. 5. Reputing the submissions of learned counsel appearing for the appellant–Insurance Company, Sri.Sanganabasav.B.Patil, with all vehemence submits that in the unfortunate accident the claimant No.1 lost both parents and claimant Nos.2 and 3 also lost their beloved son and daughter-in-law. In MVC No.612/2019 the claimants are minor daughter and parents-in-laws of - 7 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 deceased Smt.Ashwini. The claimant are depending on the deceased. In view of untimely death, they have to suffer throughout their life and in their remaining days. In these circumstances, the compensation awarded by the Tribunal does not call for any interference and accordingly, sought to dismiss the appeal. 6. Having heard the learned counsel appearing for the parties, perused the entire appeal papers. 7. As could seen from the record, the Tribunal after considering the entire material placed on record, taking the income fixed under the Chart prepared by the Karnataka State Legal Services Authority (for short ‘KSLSA) and considering the judgment of the Hon'ble Apex Court awarded appropriate compensation. It is settled principle of law that the parents-in-law residing along with the deceased under the same roof are to be considered as legal representatives and dependents. In view of the same, we do not find any infirmities in the judgment and - 8 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 award passed by the Tribunal in MVC No.612/2019 as the compensation awarded seems to be just and proper within the expression just compensation. Accordingly, we are of the opinion that, the appeal sans merits and liable to be dismissed. Accordingly, the MFA No.202120/2024 stands dismissed. 8. So far as in MFA No.202379/2024 is concerned. It is the contention of the learned counsel Sri.Narendra M. Reddy, that there are totally four claimant, who happens to be the minor daughter, parents and brother of deceased. Though, the claimant No.4 being the brother of the deceased, in the presence of father he cannot be considered as a dependent on the deceased. The Tribunal has committed an error in deducting 1/4th towards personal income and it is the only head under which the compensation requires to be reduced. 9. Though, Sri.Sanganabasav.B.Patil, learned counsel submits that claimant No.4 he is the brother of the - 9 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 deceased aged 24 years and still pursuing his studies, in the view of the settled position of law in the case of Sarla Verma & Ors VS. Delhi Transport Corporation and Anr1, wherein it is held that the brother cannot be a dependent in the presence of father, the contention cannot be countenanced. In view of the above, we are of the considered opinion that the deduction towards personal expenses must be at 1/3rd instead of 1/4th to that extent, the judgment awarded passed by the Tribunal in MVC No.554/2019 requires modification. So far as other heads are concerned, the compensation awarded under the head of loss of consortium is on the lower side. Accordingly, the same requires reconsideration and redermination. 10. In view of the income stated supra and on re- determination, the ‘Loss of Dependency’ works out as follows:(Rs. 25,22,800/- (Rs.13,250 + 40%) x 12 x 17 x 2/3) 1 2009 ACJ 1298 - 10 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 11. As per the judgment of the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranaya Sethi and others2 10% escalation in the very same judgment to be added to the compensation awarded under the conventional heads for each completed three years from 2017. The claimants are entitled to Rs.40,000/- each under the head of ‘Loss of Consortium’. Accordingly, the appellants/claimants are entitled for a sum of Rs.1,60,000/- (Rs.40,000 x 4) towards ‘Loss Of Consortium’. 12. Further, the claimants are entitled to a compensation of Rs.15,000/- each is awarded under the head ‘Loss Of Estate’ And ‘Funeral Expenses And Obsequies’ respectively. The claimants are also entitled for 10% escalation on compensation awarded on conventional head. 2 (2017) 16 SCC 680 - 11 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 13. Thus, on re-determination and re-consideration, the claimant is entitled for total compensation as follows: Heads of compensation Amount Loss of Dependency (13,250+40% x 12 x 17 x 2/3) : Rs. 25,22,800/- Loss of Estate : Rs. 15,000/- Loss of Funeral Expenses and Obsequies : Rs. 15,000/- Loss of Consortium (Rs.40,000 x 4) : Rs. 1,60,000/- 10% escalation for two completed years on conventional heads [Rs.1,90,000 x 10% x 2) (2 terms)] : Rs. 38,000/- TOTAL : Rs. 27,50,800/- 14. The total compensation re-determined by this Court works out to Rs.27,50,800/- as against Rs.29,23,300/-. The re-determined reduced compensation shall carry interest at 6% per annum from the date of filing of the petition till realization. 15. For the foregoing reasons, this Court proceeds to pass the following: - 12 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 ORDER i) The appeal filed by the appellant–Insurance Company in MFA No.202120/2024 is dismissed; ii) The appeal filed by the appellant–Insurance Company in MFA No.202379/2024 is allowed-in-part; iii) The judgment and award dated 06.03.2024 passed by the II Additional Senior Civil Judge and Member, MACT-VII, Vijayapur in MVC No.554/2019 is hereby modified and reduced; iv) The appellants / claimants are entitled for a total compensation of Rs.27,50,800/- as against Rs.29,23,252/-. The reduced compensation shall carry interest at 6% per annum from the date of filing of the petition till realization; v) The amount in deposit in both the appeals before this Court shall be transmitted forthwith to the concerned Tribunal for disbursement; - 13 - HC-KAR NC: 2025:KHC-K:5534-DB MFA No. 202120 of 2024 C/W MFA No. 202379 of 2024 vi) The balance re-determined compensation amount in MFA.No.202379/2024 and balance compensation amount in MFA.No.202120/2024 along with accrued interest stated supra shall be deposited before the concerned Tribunal by the appellant – insurance company within a period of six weeks from the date of receipt of copy of this order; vii) Apportionment and disbursement unaltered in both the appeals. viii) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE AMM List No.: 1 Sl No.: 24 CT: AK