- 1 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 2366 OF 2021 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2678 OF 2021 (MV-D) IN MFA No. 2366/2021: BETWEEN: 1. RELIANCE GENERAL INSURANCE COMPANY LTD., EAST WING, 5TH FLOOR NO.28, CENTENARY BUILDING M G ROAD, BENGALURU-560001 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. HEMANTH K P S/O K G PURUSHOTHAM AGED ABOUT 34 YEARS 2. KUM NITHARA NARAYANA KONAKANASTHARA D/O HEMANTH K P AGED ABOUT 3 YEARS 3. PADMA R W/O K G NAGESH, AGED ABOUT 58 YEARS 4. NAGESHA K G S/O LATE A R GOPAL SHETTY Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 AGED ABOUT 66 YEARS SINCE, RESPONDENT No.2, IS MINOR, REPRESENTED BY NATURAL GUARDIAN FATHER, 1ST RESPONDENT, HEMANTH.K.P. ALL ARE R/A NO.6261, FLAT NO.104 M SQUARE MELODY, 60 FEET ROAD BEML 5TH STAGE, R R NAGAR BENGALURU-560098 5. NEELAKANTAIAH M S/O MARISHAMAIAH NO.37, FLAT NO.1155 GOVINDAPPA BUILDING 80 FEET ROAD, BEML LAYOUT R R NAGAR, BENGALURU-560098 …RESPONDENTS (BY SRI. K.T.MADHU, ADVOCATE FOR R-1 TO R-4; SRI. K.C.VISWANATH, FOR R-5) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.01.2021, PASSED IN MVC NO.1081/2019, ON THE FILE OF THE III-ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), AWARDING COMPENSATION OF RS.1,93,08,242/- WITH INTEREST AT THE RATE OF 8 PERCENT P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 2678/2021: BETWEEN: 1. SRI. HEMANTH. K. P. S/O. K. G. PURUSHOTHAM, AGED ABOUT 34 YEARS, 2. KUM. NITHARA NARAYANA KONKANASTHARA D/O. HEMANTH. K. P., AGED ABOUT 03 YEARS, 3. SMT. R. PADMA W/O. K. G. NAGESH, - 3 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 AGED ABOUT 58 YEARS, 4. SRI. K. G. NAGESH S/O. LATE K. R. GOPAL SETTEE, AGED ABOUT 66 YEARS, SINCE 2ND APPELLANT IS MINOR, REPRESENTED BY HER NG/FATHER/HEMANTH.K.P ALL ARE RESIDING AT NO. 6261, FLAT NO. 104, M-SQUARE MOLODY, 60 FEET ROAD, BEML 5TH STAGE, R.R. NAGAR, BENGALURU-560 098. ...APPELLANTS (BY SRI. K.T.MADHU., ADVOCATE) AND: 1. NEELAKANTAIAH. M S/O. MARISHAMAIAH, RESIDING AT NO. 37, FLAT NO. 1155, GOVINDAPPA BUILDING, 80 FEET ROAD, BEML LAYOUT, R.R. NAGAR, BENGALURU-560 098. (REPRESENTED BY HIS COUNSEL) 2. RELIANCE GENERAL INSURANCE CO. LTD, LEGAL OFFICE, CENTENARY BUILDING, 5TH FLOOR, M.G. ROAD, BANGALORE-560 001, REPRESENTED BY ITS MANAGER. ...RESPONDENTS (BY SRI. ASHOK N.PATIL., ADVOCATE FOR R-2; R-1 SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:27.01.2021 PASSED IN MVC NO.1081/2019 ON THE FILE OF HE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The Reliance General Insurance Company Limited has filed MFA No.2366/2021 praying to set aside the impugned judgment and award dated 27.01.2021 passed by the Court of III Additional Judge and MACT, Court of Small Causes, Bengaluru in M.V.C.No.1081/2019. 2. The claimants, who are the husband, daughter and parents i.e, the mother and father of the deceased have filed MFA No.2678/2021 impugning the above said judgment and award seeking enhancement of compensation. 3. The parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case are as follows :- - 5 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 The fatal accident took place on 02.01.2019 at about 8.00 a.m. when one Smt. Deepika was proceeding as a pillion rider on a Honda Dio Scooter bearing No.KA-02-HE- 5346 on the left side of Rajarajeshwarinagar Main Road, Opposite to Jain College, R.R. Nagar, Bengaluru, at that time, a light goods Canter bearing No.KA-01-AC-9467 driven by its driver in a rash and negligent manner and dashed against the Honda Dio Scooter, due to the impact, Deepika fell down and sustained grievous injuries. Immediately first aid was given at R.C. Hospital, R.R. Nagar, Bengaluru, and later shifted to SSNMC Hospital, where she was declared brought dead. 5. The accident in question between the offending vehicle i.e., light goods Canter and the Honda Dio Scooter is not in dispute. The income of the deceased at the relevant time when the accident took place was taken by the Tribunal at Rs.12,37,069/- p.a. is also not in dispute. - 6 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 6. Sri Ashok N. Patil, learned counsel appearing for the Insurance Company however, submits that the entire liability has been fastened on the Insurance Company of the Canter, which is the offending vehicle without assigning any contributory negligence on the rider of the scooter. He further submits that both the vehicles were heading towards the same direction and dashed against each other, as a result, the deceased who was the pillion rider came under the wheel of the canter and died on the way to the Hospital. He has further drawn attention to the sketch of the accident Ex.P3 to submit that fixing the entire liability on the Canter is incorrect and some contributory negligence may be assigned to the rider of the Scooter as well. 7. On the other hand, he further submits that the deceased was married and she has a minor daughter. Husband of the deceased is gainfully employed drawing salary of more than Rs.12,00,000/- p.a. The father of the deceased was also a retired person drawing pension of - 7 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 Rs.37,000/- per month. Therefore, deducting only 1/4th towards the personal expenses is very meager and at least 1/3rd is to be deducted. The next submission advanced by Sri Ashok N. Patil, learned counsel is that rate of interest awarded by the Tribunal at 8% p.a. is on the higher side, it ought to have awarded interest at 6% p.a. For awarding such high rate of interest at 8% p.a., no circumstances which warranted interference have been delineated by the Tribunal. 8. On the other hand, Sri K.T. Madhu, learned counsel appearing for the claimants has supported the Tribunal's findings on the negligence and monthly income. He submitted that annual package of the deceased was around Rs.15,00,000/- and the Tribunal has considered the annual income of Rs.12,00,000/-. He further submits that the accident was result of sole negligence of the driver of the Canter. He also has drawn our attention to the sketch of the accident Ex.P3. According to him the offending vehicle came to the left side of the road, where - 8 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 the deceased was traveling on the Scooter driven by her father. He further submits that the sketch would clearly depict that it was sole negligence of the driver of the Canter, which resulted in the fatal accident of the deceased, who died unfortunately. He therefore, submits that the Tribunal has correctly recorded a finding that it was the driver of the offending vehicle which was solely responsible for the accident and this Court may not interfere with the said finding of fact. 9. Insofar as the question of awarding interest is concerned, learned counsel for the claimants submitted that awarding interest at 8% p.a. is not exorbitant, which calls for interference. 10. We have considered the submission of learned counsels for both the parties. 11. We have perused the original records as well as the sketch of the accident, we are of the view, that the offending vehicle came to its left side where the Scooter - 9 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 was heading and caused the accident. Therefore, there is no scope for interference or finding regarding negligence of the driver of the offending vehicle. 13. Insofar as the question of income is concerned, we have perused Form No.16 of the Income Tax and we have seen that after deducting income tax payable by the deceased, Rs.12,37,071/- has been correctly taken by the Tribunal. We are also of the view that the Tribunal has rightly applied the multiplier and awarded compensation towards conventional heads. 14. Insofar as the award of interest is concerned, we are of the view, that Tribunal has not given any special facts and circumstances, which warranted grant of interest at 8% p.a. In view thereof, we pass the following :- - 10 - HC-KAR NC: 2025:KHC:44476-DB MFA No. 2366 of 2021 C/W MFA No. 2678 of 2021 ORDER a. MFA No.2366/2021 filed by the Insurance Company is partly allowed. b. We uphold the impugned judgment and award dated 27.01.2021 passed by the Tribunal in MVC No.1081/2019 in respect of the compensation awarded except the interest. The rate of interest is reduced from 8% p.a. to 6% p.a. d. The amount in deposit, if any before this Court, shall be transmitted to the Tribunal forthwith. e. MFA No.2678/2011 filed by the claimants is dismissed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE NG, List No.: 1 Sl No.: 17