- 1 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3976 OF 2022 (MV-D) C/W MFA CROSS OBJECTION NO. 169 OF 2022 (MV-D) IN MFA No. 3976/2022 BETWEEN: THE LEGAL MANAGER, CHOLAMANDALAM M S GIC LTD., NO.1/2, GOLDEN HEIGTHS, 6TH FLOOR, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALORE-560 010. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. N.ASHARANI, W/O LATE RAVIKUMAR R., AGED ABOUT 29 YEARS, 2. MASTER LOCHAN GOWDA M.R., S/O LATE RAVIKUMAR R., AGED ABOUT 4 YEARS, SINCE R2 IS MINOR WILL BE REPRESENTED BY HIS MOTHER I.E., N.ASHARANI 1ST RESPONDENT 3. SMT.SOUBHAGYA @ SOWBHAGYAMMA, W/O RAMESH, AGED ABOUT 49 YEARS, 4. RAMESH @ RAMESHAPPA, S/O LATE BAIRAPPA @ BYRAPPA, AGED ABOUT 57 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 ALL ARE R/A MALIYAPPANAHALLI, KURUGAL POST, KOLAR TALUK AND DISTRICT. 5. THE HEAD MASTER, S.F.S HIGH SCHOOL, P B NO.1, NYACHAHALLI, KOLAR ROAD, MALUR, KOLAR DISTRICT. …RESPONDENTS (BY SRI. ANAND R.V., ADVOCATE FOR R1 & R2 SRI.T.M.VIJAYA KUMAR AND SUDHA M.C., ADVOCATES FOR R5 SMT.SUGUNA R REDDY, ADVOCATE FOR R3 & R4) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 05.02.2022 PASSED IN MVC NO.234/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, CJM, MACT, KOLAR, AWARDING COMPENSATION OF RS.46,85,360/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS PAYMENT. IN MFA.CROB NO. 169/2022 BETWEEN: 1. SMT. SOUBHAGYA ALIAS SOUBHAGYAMMA, W/O. RAMESH, AGED ABOUT 49 YEARS, 2. SRI RAMESH ALIAS RAMESHAPPA, S/O. LATE BAIRAPPA ALIAS BYRAPPA, AGED ABOUT 57 YEARS, BOTH ARE R/AT MALIYAPPANAHALLI VILLAGE, KURUGAL POST KOLAR TALUK AND DISTRICT. ...CROSS OBJECTORS (BY SRI. SUGUNAMMA AND SUGUNA R REDDY.,ADVOCATE) AND: 1. THE HEAD MASTER, SFS HIGH SCHOOL, P.B.NO.1, NYACHOHALLI KOLAR ROAD, MALUR KOLAR DISTRICT -563 130. - 3 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 2. THE LEGAL MANAGER, CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD., NO.1/2, GOLDEN HEIGHTS, 6TH FLOOR, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALORE-560 010. 3. SMT N.ASHWINI, W/O. LATE RAVIKUMAR R., AGED ABOUT 29 YEARS, 4. MASTER LOCHAN GOWDA M.R., S/O. LATE RAVIKUMAR .R, AGED ABOUT 4 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER CUM NATURAL GUARDIAN SMT N ASHWINI. RESPONDENT NO.3 & 4 ARE R/AT MALIYAPPANAHALLI, KURUGAL POST, KOLAR TQ AND DISTRICT. ...RESPONDENTS (BY SRI.D.VIJAYA KUMAR, ADVOCATE FOR R1; SRI.B.PRADDEP, ADVOCATE FOR R2; SRI.ANAND R.V., ADVOCATE FOR R3 & R4) THIS MFA IS CROB FILED U/O.41 RULE 22 R/W SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.02.2022 PASSED IN MVC NO.234/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL AND MFA CROB., COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.234/2018 dated 05.02.2022 by the Principal Senior Civil Judge and CJM at MACT, Kolar, whereby the Tribunal had granted compensation of an amount of Rs.46,85,360/-, the Insurance Company is before this Court by filing MFA.No.3976/2022. In that the parents of the deceased have filed MFA.Crob.No.169/2022 seeking enhancement of the compensation. 2. The claim petition is filed by the wife, children and parents of the deceased seeking compensation of an amount of Rs.95,00,000/- for the death of the deceased. It is the case of the claimants that on 13.08.2018 in the morning the deceased was proceeding towards Malur from Kolar by riding his vehicle Bajaj Pulsar motor cycle slowly and cautiously on correct side of the road and on the way at about 7.20 am., when he reached near SFS school, Doddakadathur on Kolar-Malur road, Malur Taluk, one school bus came out from SFS school driven by its driver at high speed in a rash and negligent manner without observing the vehicles and suddenly came to the main road. As a result of which, the driver of the said bus lost control over his vehicle and the bus went on its wrong side of the road - 5 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 and dashed violently against the backside of motor cycle of the deceased and due to the said impact, the deceased fell down and sustained grievous injuries. Immediately, after the accident the deceased was taken to R.L. Jalappa hospital, Kolar and after first aid, he was shifted to Manipal Hospital, Bengaluru wherein he succumbed to the injuries on the same day. It is the case that the claimant’s last earned salary is Rs.21,000/-, the Tribunal by deducting the statutory deductions and taken the salary at Rs.20,800/- per month by taking future prospects of 40% and the Tribunal had granted the compensation of an amount of Rs.44,55,360/- under the head of loss of dependency and altogether had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss of dependency Rs. 44,55,360/- 2. Funeral expenses and transportation of dead body Rs. 15,000/- 3. Medical expenses Rs. 40,000/- 4. Towards loss of estate Rs. 15,000/- 5. Towards loss of consortium Rs. 1,60,000/- Total Rs. 46,85,360/- 3. Learned counsel appearing for the Insurance Company submits that the Tribunal ought not to have taken the - 6 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 salary at Rs.20,800/-, it ought to have been taken the income at Rs.18,000/- per month. It is submitted that on the conventional heads also, the amount that is awarded by the Tribunal is on the higher side. It is further submitted that the Tribunal had taken the rate of interest at 9%, it should be reduced to 6% per annum. 4. Learned counsel appearing for the claimants submits that the Tribunal ought to have taken 50% as future prospects. She had relied on the judgment of the Hon’ble Apex Court in the case of S. Vasanthi and another vs. M/s. Adhiparasakthi Engineering College and another1 and submits that as the claimant is qualified he is entitled for 50% future prospects. It is submitted that on all counts the compensation needs to be enhanced. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the contention of the learned counsel for the Insurance Company with regard to the income of the deceased that his salary was Rs.21,000/- after deductions the Tribunal had taken the income at 1 Cvl.Appeal.No.7180/2022 arising out of Slp(C).No.10206/2020 - 7 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 Rs.20,800/- per month. As far as that is concerned, basing on the salary, the Tribunal had rightly taken and there are no grounds to interfere. Then coming to the aspect of 50% future prospects, if it is a permanent job, then they are entitled for 50%. In this case he is appointed for a period of one year in that situation, it cannot be said that it is a permanent job and he is entitled for 40% future prospects. Hence, this Court do not find any reasons to interfere as far as loss of dependency is concerned. The Tribunal had already granted an amount of Rs.40,000/- towards medical expenses and this Court is not interfering with the same. Then, coming to the loss of consortium this Court is granting an amount of (44,000X4) Rs.1,76,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 2 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 7. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Loss of dependency Rs. 44,55,360/- 44,55,360/- 2. Funeral expenses and transportation of dead body Rs. 15,000/- 36,000/- 3. Medical expenses Rs. 40,000/- 40,000/- 4. Towards loss of estate Rs. 15,000/- 00/- 5. Towards loss of consortium Rs. 1,60,000/- 1,76,000/- 6. Legal expenses Rs. 00/- 10,000/- Total Rs. 46,85,360/- 47,17,360/- Enhanced amount Rs. 32,000/- 8. Altogether, the claimants are entitled for the compensation of an amount of Rs.47,17,360/-. 9. Accordingly, MFA.No.*3976/2022 filed by the Insurance Company is partly allowed by reducing the rate of interest from 9% to 6% per annum. 10. Accordingly, MFA.Crob.No.169/2022 filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.46,85,360/- to Rs.47,17,360/- and * Corrected vide chamber order dated: 04/12/2025. - 9 - HC-KAR NC: 2025:KHC:38932 MFA No. 3976 of 2022 C/W MFA.CROB No. 169 of 2022 apportionment of the compensation among the claimants shall be as per the order passed by the Tribunal. 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) The Insurance Company shall pay the compensation amount. v) 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) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 3 Sl No.: 11