- 1 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4719 OF 2024 (MV- D) BETWEEN: THE SHRIRAM, GENERAL INSURANCE COMPANY LTD., DM-64, SAILOTOWERS PIDAMANARI MAIN ROAD, DHARMAPURI- 636701 TAMILNADU NOW REP BY ITS THE MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, DEVARACHIKKANAHALLI ROAD, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE REPTD BY ITS ASSIT MANAGER …APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SMT PARVATHAMMA W/O CHIKKARAJU, AGED ABOUT 43 YEARS, 2. NEELAMMA D/O CHIKKARAJU, AGED ABOUT 25 YEARS, 3. KEMPASHETTY Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 S/O CHIKKARAJU, AGED ABOUT 22 YEARS, 4. MANJUNATH A C S/O CHIKKARAJU, AGED ABOUT 19 YEARS, PETITIONERS NO.1 AND 4 ARE R/AT AMACHAVADI VILLAGE, UPPR BEEDI, HARADANHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT. 5. SENTHILKUMAR NATARAJ S/O NATARAJ, AGED ABOUT 37 YEARS, R/AT SUTTIKALMEDU, KARATTUPALYAM, KURUMAANTHUR POST, ERODE DISTRICT TAMILNADU STATE. …RESPONDENTS (BY SRI. MANJUNATH B.K., ADVOCATE FOR R5; R1 TO R4 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2023 PASSED IN MVC NO.161/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, AWARDING COMPENSATION OF RS.27,15,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.161/2019 dated 06.03.2023 by the Senior Civil Judge and Motor Accident Claims Tribunal at Chamarajanagara (hereinafter referred to as the "Tribunal"), the Insurance Company is before this Court. 2. The Tribunal has awarded the compensation as per the table given below: SL. No. Under the Heads of: Amount 1. Loss of dependency : Rs. 25,20,000/- 2. Loss of Spouse Consortium of petitioner 1 : Rs. 40,000/- 3. Loss of parental consortium of petitioner 2 to 4 : Rs. 1,20,000/- 4. Loss of Estate : Rs. 15,000/- 5. Transportation of dead body : Rs. 5,000/- 5. For Funeral Expenses : Rs. 15,000/- Total Compensation amount : Rs. 27,15,000/- 3. The only grievance of the Insurance Company is that the age of the deceased as per the post mortem report is 45 years and as per the ID card, it is 49 years. But the Tribunal had considered 35 years and granted the compensation. When once the award is passed, the Insurance Company has also filed a review petition in REV/2/2023 before the Senior Civil - 4 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 Judge and CJM, Chamarajanagar seeking review of the judgment and award passed by the Tribunal. The same came to be dismissed by order dated 28.02.2024 observing that the Court has no power to review its own order. However, the Tribunal gave a finding that as per the post mortem report, the age is 45 years. 4. Though notice is served on the respondents, no vakalathnama has filed on their behalf. 5. Having heard the learned counsel for the appellant/Insurance Company, perused the material on record. 6. This accident had taken place in the year 2018. The income has to be taken at Rs.12,500/- and his age is considered as 45 years as per the postpartum certificate and future prospects at 25% would comes to Rs.3,125/- i.e., (12500+3125) Rs.15,625/-. There are 4 dependants and 1/4th has to be deducted towards personal expenses i.e., Rs.3906/-. Then the contribution to the family is (15,625- 3906) Rs.11,719/-. Under the head of loss of dependency the claimants are entitled for an amount of (Rs.11,719x12x14) Rs.19,68,792/-. Towards loss of consortium this Court is - 5 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 granting an amount of (44,000x4) Rs.1,76,000/-. Towards Funeral expenses, this Court is granting an amount of Rs.36,000/-. 7. 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 claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 8. Altogether, the claimants are entitled for an amount of Rs.21,90,792/-. SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 25,20,000/- 19,68,792/- 2. Loss of spouse consortium of petitioner 1 : Rs. 40,000/- --- 3. Loss of parental consortium of petitioner 2 to 4 : Rs. 1,20,000/- 1,76,000/- 4. Funeral Expenses : Rs. 15,000/- 36,000/- 4. Loss of estate : Rs. 15,000/- ---- 5. Transportation of dead body : Rs. 5,000/- ----- 6. Legal expenses : Rs. ____ 10,000/- TOTAL : Rs. 27,15,000/- 21,90,792/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 9. Accordingly, the appeal of the Insurance Company is partly allowed by reducing the compensation from an of Rs.27,15,000/- to Rs.21,90,792/-. i. The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realisation. ii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment and shall recover from the owner. On such deposit, the claimant is entitled to withdraw the entire amount. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed this by Court forthwith without any delay. iv. The amount in deposit shall be forthwith transferred to the Tribunal. v. The amount in deposit shall be forthwith transferred to the Tribunal. - 7 - HC-KAR NC: 2025:KHC:45251 MFA No. 4719 of 2024 vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 11