- 1 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7540 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 5150 OF 2023 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 3375 OF 2024 (MV-D) IN MFA No. 7540/2022 BETWEEN: LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 5th FLOOR , CENTENARY BUILDING NO.28, M.G.ROAD, BANGALORE -560 001 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. CHINTHALA NANDINI W/O LATE C RAMESH KUMAR REDDY, AGED ABOUT 31 YEARS 2. CHINTALA RAJA REDDY S/O LATE SAHADEVA REDDY AGED ABOUT 56 YEARS 3. SMT. C.SARASVATHI W/O CHINTALA RAJA REDDY AGED ABOUT 42 YEARS ALL ARE RESIDING AT CHARALAYANDLA PALLI VAJALPADU CHINTAPARTHI, CHITTOR ANDHRA PRADESH- 517 277 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 4. MAHALINGAPPA M.H., S/O HANUMANTARAYAPPA P 01, 1st CROSS, VIDYAPEETA KENGERI BANGALORE …RESPONDENTS (BY SMT.SUSHMITHA G., ADVOCATE FOR R1 SRI.K.T.GURUDEVA PRASAD, ADVOCATE FOR R2 & R3 V/O/D: 02/08/2024- NOTICE TO R4 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2022 PASSED IN MVC NO.2476/2020 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, SCCH-20, AWARDING COMPENSATION OF RS.40,14,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 5150/2023 BETWEEN: SMT. CHINTHALA NANDINI W/O LATE C. RAMESH KUMAR REDDY AGED ABOUT 32 YEARS, CHARALAVANDLA PALLI, VAJALPADU CHINTAPARTHI, CHITTOOR ANDHRA PRADESH – 517 277 ...APPELLANT (BY SMT. SUSHMITHA G., ADVOCATE) AND: 1. M/S RELIANCE GIC LTD., MOTOR CLAIMS HUB, NO.28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, NEAR CITY BANK, M.G.ROAD, BANGALORE – 560 001 REP BY ITS MANAGER - 3 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 2. MR. MAHALINGAPPA M.H. S/O HANUMANTHARAYAPPA P., AGED MAJOR NO.01, 1ST CROSS, VIDYAPEETA, KENGERI, BANGALORE – 560 060 3. SRI. CHINTALA RAJA REDDY S/O LATE SAHADEVA REDDY AGED ABOUT 57 YEARS, 4. SMT. C. SARSVATI W/O CHINTALA RAJA REDDY AGED ABOUT 43 YEARS R3 & R4 ARE R/AT CHARALAVANDLA PALLI, VAJALPADU CHINTAPARTHI, CHITTOOR, ANDHRA PRADESH – 517 277 ...RESPONDENTS (BY SRI.K.T.GURUDEVAPRASAD, ADVOCATE FOR R3 & R4 SRI.R.PRADEEP, ADVOCATE FOR R1) THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.09.2022 PASSED IN MVC NO.2476/2020 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, BENGALURU, (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3375/2024 BETWEEN: 1. SRI CHINTALA RAJA REDDY M., S/O LATE SAHADEVA REDDY AGED ABOUT 58 YEARS, 2. SMT C.SARSVATI W/O CHINTALA RAJA REDDY AGED ABOUT 44 YEARS, BOTH ARE R/AT CHARALAVANDLA PALLI VAJALPADU CHINTAPARTHI - 4 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 CHITTOOR ANDHRA PRADESH-517 277 ...APPELLANTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S RELIANCE GIC LTD., BY ITS MANAGER MOTOR CLAIMS HUB NO.28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, NEAR CITI BANK, M.G. ROAD BENGALURU-560 001 2. MR.MAHALINGAPPA M.H., S/O HANUMANTHARAYAPPA P NO.01, 1ST CROSS, VIDYAPEETA, KENGERI BENGALURU-560 060 3. SMT CHINTHALA NANDINI W/O LATE C RAMESH KUMAR REDDY AGED ABOUT 53 YEARS, CHARALAVANDLA PALLI VAJALPADU CHINTAPARTHI CHITTOR, ANDHRA PRADESH-517 277 ...RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1 V/O/D 22/08/2024- NOTICE TO R2 IS DISPENSED WITH SMT.SUSHMITHA G., ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2022 PASSED IN MVC NO. 2476/2020 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, M.A.C.T, MAYO HALL UNIT, BENGALURU (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2476/2020 dated 01.09.2022 by the V Addl. Small Causes Judge and XXIV ACMM, Member, MACT, Bengaluru whereby the Tribunal had awarded compensation of an amount of Rs.40,14,000/-, both the Insurance company as well as the wife and parents of the deceased are before this Court. The claim petition is filed seeking compensation for the death of the deceased in a road traffic accident. 2. It is the case of the claimants that on 28.03.2020 at about 3.20 am., while the deceased along with his wife have parked the motor cycle at the side of the road near Golden Amoon Hotel, Hosakote Taluk, the ambulance i.e., the offending vehicle driven by its driver in a rash and negligent manner came at high speed and dashed to the vehicle standing over there, including the vehicle of the deceased, where the deceased fell down and succumbed to the said injuries. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Sl. No. Heads of Compensation Amount awarded 1. Loss of dependency Rs. 38,64,000/- - 6 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 2. Loss of estate Rs. 15,000/- 3. Towards funeral and obsequies ceremonies Rs. 15,000/- 4. Loss of consortium Rs. 1,20,000/- Total Rs. 40,14,000/- 3. Coming to the liability, the Tribunal had held that the parents are entitled for 60% of the compensation i.e., 30% each and the wife is entitled for 40% of compensation. 4. Learned counsel appearing for the Insurance Company submits that the Tribunal had taken the income at Rs.23,000/- per month. It is submitted that looking at the salary slip and the basic pay, the salary at best would come to Rs.22,000/- per month, but the Tribunal had taken the income at Rs.23,000/- per month which is on the higher side. It submitted that the compensation amount that is awarded by the Tribunal needs to be reduced. 5. Learned counsel appearing for the wife submits that the Tribunal had apportioned it at 40% to the wife of the deceased and 60% i.e., 30% each to the parents of the deceased. It is elicited in the evidence that the parents of the deceased are having one more son and he is taking care of them; whereas the wife is dependent upon the husband and - 7 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 the Tribunal ought to have granted 80% of the compensation to the wife. 6. Learned counsel appearing for the parents submits that the wife is remarried and she has already filed a suit seeking partition, in those circumstances, the Tribunal had apportioned the compensation at 60% and 40% rightly. It is submitted that the compensation needs to be enhanced and the Tribunal had not considered the evidence of the employer and the Tribunal ought to have taken the income at Rs.25,000/- per month. 7. Having heard the learned counsels on either side, perused the material on record. This Court had perused the salary slips. It is varying from Rs.19,000/- to Rs.25,000/- per month. The basic pay is Rs.14,145/- and the washing allowance of Rs.300/- and the site allowance is Rs.6,900/-. Considering all these, this Court is of the view that if the income is taken at Rs.22,000/- per month, it would be appropriate and serve the interest of both the parties. The deceased is 38 years old, 40% future prospects would come to an amount of Rs.8,800/- i.e., the income is Rs.30,800/- per month. As there are 3 claimants, - 8 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 1/3rd has to be deducted towards his personal expenses which comes to an amount of Rs.10,266/-. Then his contribution to the family is Rs.20,534/-. Hence, this Court is granting an amount of (20534X12X15)=Rs.36,96,120/- towards loss of dependency. This Court is granting an amount of (44,000X3)= Rs.1,32,000/- towards loss of consortium. This Court is granting an amount of Rs.36,000/- towards funeral expenses. 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 Another1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 9. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Loss of dependency Rs. 38,64,000/- 36,96,120/- 2. Loss of estate Rs. 15,000/- 00/- 3. Towards funeral and obsequies ceremonies Rs. 15,000/- 36,000/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 4. Loss of consortium Rs. 1,20,000/- 1,32,000/- 5. Legal expenses Rs. 00/- 10,000/- Total Rs. 40,14,000/- 38,74,120/- Reduced amount Rs. 1,39,880/- 10. Coming to the apportionment of the compensation, considering entitlement of the wife and the parents, granting 60% to the parents and 40% of the compensation to the wife is not reasonable compensation. Hence, this Court deems it appropriate to apportion it i.e., 60% to the wife, 20% to the father and 20% to the mother. From the compensation amount of Rs.38,74,120/-, the wife of the deceased is entitled for an amount of Rs.23,44,472/- and the parents of the deceased are entitled for an amount of Rs.7,74,824/- each. 11. Accordingly, MFA.No.7540/2022 filed by the Insurance Company is allowed by reducing the compensation from an amount of Rs.40,14,000/- to Rs.38,74,120/-. 12. Accordingly, MFA.No.5150/2023 filed by the wife of the deceased is partly allowed by apportioning the compensation at 60%. 13. Accordingly, MFA.No.3375/2024 filed by the father and mother of the deceased is dismissed. - 10 - HC-KAR NC: 2025:KHC:37277 MFA No. 7540 of 2022 C/W MFA No. 5150 of 2023 MFA No. 3375 of 2024 i) The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The amount in deposit shall be forthwith transferred to the Tribunal. iv) 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 claimants are entitled to withdraw the entire amount. vi) 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. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 38