- 1 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 5889 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 8262 OF 2024 (MV-D) IN MFA No. 5889/2023: BETWEEN: UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE 6TH FLOOR, KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BANGALORE-560 001 REP. BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI. JANARDHAN REDDY, ADVOCATE) AND: 1. SMT. CHIKKAGANGAMMA W/O LATE KUMAR AGED ABOUT 44 YEARS R/AT CHIKKAMALALAVADI VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572 104. 2. SMT. ANITHA C K W/O RANGASWAMY AGED ABOUT 24 YEARS R/AT NO.105, DAGURU Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 C.S. PURA HOBLI GUBBI TALUK TUMKUR DISTRICT-572 104. 3. SMT. CHAITHRA W/O NARASEGOWDA D AGED ABOUT 27 YEARS R/AT BORAPPANAHALLI VILLAGE IADAGURU POST C.S. PURA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572 104. 4. H.N. SRINIVAS BABU S/O H.S. NAGARAJU MAJOR IN AGE R/AT PETE BEEDI KYATHASANDRA TUMKUR DISTRICT-572 104. (OWNER OF BUS KA-43-8170) …RESPONDENTS (BY SRI. RAGHU R., ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 30.08.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.06.2023 PASSED IN MVC NO.6691/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE, AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5) AWARDING COMPENSATION OF RS.23,20,056/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 8262/2024: BETWEEN: 1. SMT. CHIKKAGANGAMMA W/O LATE KUMAR NOW AGED ABOUT 45 YEARS R/A CHIKKAMALALAVADI VILLAGE KOTHAGERE HOBLI - 3 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 KUNIGAL TALUK TUMAKURU DISTRICT. 2. SMT. ANITHA C K W/O RANGASWAMY NOW AGED ABOUT 25 YEARS R/A NO.105, DAGURU C.S. PURA HOBLI, GUBBI TALUK TUMAKURU DISTRICT. 3. SMT. CHITHRA W/O NARASEGOWDA D NOW AGED ABOUT 28 YEARS R/A NO. BORAPPANAHALLI VILLAGE IADAGURU POST, C.S. PURA HOBLI GUBBI TALUK, TUMAKURU DISTRICT. ...APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND: 1. SRI H.N. SRINIVAS BABU MAJOR S/O H.S. NAGARAJU R/A PATE BEEDI KYATHASANDRA TUMAKURU TALUK-572 101. 2. THE MANAGER UNITED INDIA INSURANCE CO., LTD. DIVISIONAL OFFICE, 6TH FLOOR KRUSHI BHAVAN, NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU-560 001. ...RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 13.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.06.2023 PASSED - 4 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 IN MVC NO.6691/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant - Insurance Company and the respondents - claimants. MFA.No.5889/2023 is filed by the appellant - Insurance Company challenging the award passed by the Tribunal in MVC.No.6691/2022 on the ground of quantum of compensation i.e., towards 1/3rd personal deductions to the income of the deceased. 2. Whereas, MFA.No.8262/2024 is filed by the appellants - claimants for enhancement of compensation being aggrieved by the judgment and award passed by the Tribunal. - 5 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 3. Brief facts of the case are that, on 16.09.2022 at around 7.15 pm, the deceased Kumar had been for walking on the left side footpath of SH-33, T.M.Road, near Chikkamalavadi Bus Stand, at Chikkamalavadin Village, Kottagere Hobli, Kunigal Taluk, at that time, the driver of bus bearing Reg.No.KA-43-8170 came from Tumakuru towards Kunigal in a very high speed, with rash and negligent manner and came to the extreme left side of footpath and dashed against the deceased Kumar. Due to the said impact, Kumar sustained fatal injuries and died on the spot, later dead body was shifted to CHC, Kunigal, wherein postmortem was conducted. This led to registration of FIR and investigation. Hence, the claimants had filed claim petition under Section 166 of the Motor Vehicles Act, for compensation, before the Tribunal. 4. Sri Janardhan Reddy, learned counsel for the Insurance Company vehemently contended that the Tribunal has committed an error in considering the fact that respondent Nos.2 and 3 are married daughters and - 6 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 they are living separately with their respective families and they are not dependents of the deceased. But inspite of the said fact, the Tribunal has granted compensation to respondent Nos.2 and 3 which is contrary to law. Hence, he prays to allow the appeal. 5. Sri Raghu.R, learned counsel for the claimants contended that, the Tribunal has committed an error in taking the notional income of the deceased while calculating the loss of dependency and the same is very much on lower side. Infact, the deceased was doing labour work and was earning Rs.20,000/- per month. But, the Tribunal has taken the notional income of the deceased at Rs.15,500/- which is on lower side. Hence, he prays to allow the appeal. 6. We have perused the material available on record. The date of accident is 16.09.2022. As per the chart issued by the Karnataka State Legal Services Authority and High Court Legal Services Committee, Bengaluru, for the accident of the year 2022, the notional income is - 7 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 assessed at Rs.15,500/-. The Tribunal has rightly considered the notional income of the deceased at Rs.15,500/- which is fair and reasonable one. 7. Insofar as the deduction towards personal and living expenses of the deceased is concerned, the deceased was aged about 44 years at the time of accident. The Insurance Company has not disputed this aspect. As per the decision of the Apex Court in the case of SMT. SARLA VERMA AND OTHERS. Vs. DELHI TRANSPORT CORPORATION AND ANOTHER reported in AIR 2009 SC 3104, the multiplier applicable to the age of the deceased is '14'. The deceased died leaving behind his wife and two married daughters, hence, 1/3rd shall be deducted towards personal and living expenses of the deceased. The Tribunal has rightly deducted 1/3rd towards his personal and living expenses of the deceased in view of the ratio laid down in SARLA VERMA's case. Hence, there is no merit in the - 8 - HC-KAR NC: 2025:KHC:33293-DB MFA No. 5889 of 2023 C/W MFA No. 8262 of 2024 contentions of both appellant - Insurance Company and the claimants - respondents. 8. Accordingly, we proceed to pass the following: ORDER (i) Both the appeals in MFA.No.5889/2023 and MFA.No.8262/2024 are dismissed. (ii) The judgment and award dated 14.06.2023 passed by the VIII Additional Judge & ACMM, Member, MACT, Bengaluru in MVC.No.6691/2022 is hereby confirmed. (iii) The amount in deposit to be transmitted to the Tribunal forthwith for disbursement, in terms of the award. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA