- 1 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8146 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1091 OF 2023 (MV-D) IN MFA No. 8146/2022 BETWEEN: 1. SMT. JAYAMMA W/O. LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, NOW AGED ABOUT 61 YEARS 2. SRI. RAJAPPA. G. M. S/O. LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, NOW AGED ABOUT 44 YEARS 3. SRI. HANUMANTHA REDDY S/O. LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, NOW AGED ABOUT 42 YEARS 4. SRI. G. M. VENKATACHALAPATHI S/O. LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, NOW AGED ABOUT 40 YEARS, ALL ARE RESIDING AT GANGARASANAHALLI VILLAGE, NAYAKARAHALLI POST, KOLAR TALUK AND DISTRICT. …APPELLANTS (BY SRI. GOPAL KRISHNA N., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 AND: 1. SRI. ROSHAN ZAMEER S/O. M. B. ANWAR PASHA, MAJOR IN AGE, RESIDING AT GROUND FLOOR, OPP:ASHWATHNAGAR BUS STOP, ANNAYYAPPA LAYOUT, THANISANDRA MAIN ROAD, DR. S.R.K. NAGARA POST, BENGALURU-560 077. 2. SHRIRAM GENERAL INSURANCE CO. LTD., NO.5, 2ND FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BENGALURU-560 001, REP BY ITS MANAGER …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R2 V/O/DATED: 04/03/2024- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO. 322/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1091/2023 BETWEEN: 1. THE BRANCH MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO 5, 2ND FLOOR, MONARACH CHAMBERS, INFANTRY ROAD, BANGALORE -560 001. NOW REP BY, THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO 5/4, 3RD FLOOR, S V ARCADE, DEVARACHIKKANAHALLI ROAD, - 3 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 BANNERUGHATTA MAIN ROAD, TIMB POST, BANGALORE REPTD. BY ITS ASSIT. MANAGER ...APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. SMT JAYAMMA W/O LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, AGED ABOUT 61 YEARS 2. SRI RAJAPPA G M S/O LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, AGED ABOUT 44 YEARS 3. SRI HANUMANTH REDDY S/O LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, AGED ABOUT 42 YEARS 4. SRI G.M.VENKATACHALAPATHI W/O LATE MUNIVENKATAPPA @ CHIKKAMUNIVENKATAPPA, AGED ABOUT 40 YEARS ALL ARE R/AT GANGARASANAHALLI VILLAGE, NAYAKARAHALLI POST, KOLAR TALUK AND DISTRICT 5. SRI ROSHAN ZAMEER S/O M.B.ANWAR PASHA, MAJOR, R/AT GROUND FLOOR, OPP ASHWATHNAGAR BUS STOP, ANNAYYAPPA LAYOUT, THANISANDRA MAIN ROAD, DR SRK NAGAR POST, BANGALORE- 560 077 ...RESPONDENTS (BY SMT.SUSHMITHA G., ADVOCATE FOR R1 TO R4 V/O/DATED: 02/07/2025- PAPER PUBLICATION IN R/O R5 IS ACCEPTED) - 4 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO.322/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, KOLAR, AWARDING COMPENSATION OF RS.6,31,000/- WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.322/2019 dated 15.10.2022 by the I Additional Senior Civil Judge & CJM, Kolar and Member, Motor Accident Claims Tribunal, the Insurance Company as well as the claimants are before this Court. The claimant's appeal is MFA.No.8146/2022 and the Insurance Company's appeal is MFA.No.1091/2020. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased in the motor vehicle accident. The facts of the case are that the claimants on 21.09.2019 at about 1:00 p.m. was crossing M.C.Road, in front of Government Hospital, Mulabagal, Mulbagal Town, at that time, the driver of the Auto-rickshaw came at high speed in a rash and negligent manner and lost control over the said vehicle and dashed against the deceased. - 5 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 Due to the impact, the deceased sustained injuries and succumbed to the injuries. The deceased was aged about 70 years as on the date of accident. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 4,41,000/- 2. Loss of spouse consortium to petitioner No.1 : Rs. 40,000/- 3. Loss of parental consortium to petitioner Nos.2 to 4 (Rs.40,000/- each) : Rs. 1,20,000/- 4. Loss of estate : Rs. 15,000/- 5. Funeral expenses : Rs. 15,000/- TOTAL : Rs. 6,31,000/- 4. Learned counsel appearing for the claimants submits that the Tribunal ought not to have deducted 50% towards personal expenses. It ought to have deducted 1/3rd. It is submitted that on the other heads also, the amount that is awarded by the Tribunal is on the lower side. 5. Learned counsel appearing for the Insurance Company submits that the Tribunal had rightly deducted 50% towards - 6 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 personal expenses as the wife is the only dependent and the others cannot be treated as dependents of the deceased. It is submitted that the Tribunal had granted interest at the rate of 8% per annum and it should have been 6% per annum. Further, the deceased who is aged 70 years old, the Tribunal had granted future prospects and the future prospects ought not to have been granted. It is submitted that the driver of the vehicle had failed to produce the driving license, hence, the Tribunal ought to have applied the principle of pay and recover which is not done in this case. 6. Having heard the learned counsels on either side, perused the entire material on record. First coming to the liability, it is the case of the Insurance Company that the owner of the vehicle had not produced the driving license and apart from that, there is nothing on record to show that the driver of the offending vehicle is not having a valid driving license. Even as per the charge sheet also, crime is not registered under the provisions of the Motor Vehicles Act. In those circumstances, the stand taken by the Insurance Company is untenable and this Court is not able to appreciate the same. The Tribunal had - 7 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 rightly held that the Insurance Company is liable to pay the compensation. 7. Then coming to the quantum of compensation, as rightly argued by the learned counsel appearing for the Insurance Company, a person of 70 years is not entitled for future prospects and the Tribunal had wrongly taken the same. As the accident had occurred in the year 2019, considering the income of the deceased at Rs.14,000/- per month, as the wife is the surviving dependent, this Court is deducting 1/3rd i.e., Rs.4,666/- and his contribution to the family would be an amount of Rs.9,334/- per month. Hence, towards loss of dependency, this Court is granting an amount of Rs.5,60,040/- (Rs.9,334x12x5). Towards loss of consortium, for the wife and three children, this Court is granting an amount of Rs.1,76,000/- (Rs.44,000x4) and towards funeral expenses, an amount of Rs.36,000/- is granted. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and - 8 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 4,41,000/- 5,60,040/- 2. Loss of consortium : Rs. 1,60,000/- 1,76,000/- 4. Loss of estate : Rs. 15,000/- 00/- 5. Funeral expenses : Rs. 15,000/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 6,31,000/- 7,82,040/- Enhancement : Rs. 1,51,040/- 10. Accordingly, MFA.No.8146/2022 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.6,31,000/- to Rs.7,82,040/-. 11. MFA.No.1091/2023 filed by the Insurance Company is partly allowed by reducing the interest from 8% to 6% per annum. 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:33703 MFA No. 8146 of 2022 C/W MFA No. 1091 of 2023 i. The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 19