- 1 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4516 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 4965 OF 2022 (MV-D) IN MFA No. 4516/2022 BETWEEN: THE MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE REP. BY ITS BRANCH MANAGER CRESENT COURT K. M. ROAD CHIKKAMAGALUR - 577 101 …APPELLANT (BY SRI. RAVISH BENNI CHANDRASHEKAR, ADV.) AND: 1. SMT YASHODA S/O LATE KARIAIAH AGED 48 YEARS COOLIE R/O SARAGODU VILLAGE KUNDUR VILLAGE CHIKKAMAGALURU TALUK - 577 133 2. KARIYAIAH S/O CHANNAIAH AGED ABOUT 61 YEARS R/O SARAGODU VILLAGE KUNDUR VILLAGE CHIKKAMAGALURU TALUK - 577 133 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 3. S K ROOPA D/O KARIYAIAH W/O KRISHNAIAH AGED ABOUT 28 YEARS MUDIGERE TALUK - 577 132 4. S R REKHA AGED ABOUT 28 YEARS D/O KARIYAIAH R/O SARAGODU VILLAGE KUNDUR VILLAGE CHIKKAMAGALURU TALUK - 577 133 5. SUGANDI D/O KARIYAIAH AGED ABOUT 26 YEARS R/O SARAGODU VILLAGE KUNDUR VILLAGE CHIKKAMAGALURU TALUK - 577 133 6. SHIVAKUMAR S/O RUDRAIAH AGED ABOUT 33 YEARS R/O CHIKKAMAGARAHALLI ALDUR POST CHIKKAMAGALURU TALUK - 577 111 7. RAFIQ S/O S SULEMAN AGED ABOUT 36 YEARS R/O VAGER ROAD, ALDUR POST CHIKKAMAGALURU TALUK - 577 111 …RESPONDENTS (BY SRI. MOHAN K N., ADV. FOR R1 TO R5; R6 AND R7 ARE SERVED) MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.18.02.2022 PASSED IN MVC NO.468/2019 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, MACT, CHIKKMAGALURU, AWARDING COMPENSATION OF RS.13,14,600/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS ENTIRE REALIZATION. - 3 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 IN MFA NO. 4965/2022 BETWEEN: 1. SMT. YASHODA W/O LATE KARIAIAH, AGED ABOUT 48 YEARS, COOLIE, 2. KARIYAIAH S/O CHINNAIAH, AGED ABOUT 61 YEARS, 3. S K ROOPA D/O KARIYAIAH, W/O KRISHNAIAH, AGED ABOUT 28 YEARS, R/O MUDIGERE TOWN, CHIKKAMAGALURU DISTRICT. 4. S K REKHA D/O KARIYAIAH, AGED ABOUT 28 YEARS, 5. SUGANDI D/O KARIYAIAH, AGED ABOUT 26 YEARS, APPELLANT NOS.1, 2, 4 AND 5 ARE R/O SARAGODU VILLAGE, KUNDUR VILLAGE, CHIKKAMAGALURU TALUK AND DISTRICT. ...APPELLANTS (BY SRI. MOHAN K N.,ADVOCATE) AND: 1. SHIVAKUMAR S/O RUDRAIAH, AGED ABOUT 33 YEARS, R/O CHIKKAMAGARAHALLI, ALDUR POST, CHIKKAMAGALURU TALUK-577111 - 4 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 2. RAFIQ S/O S SULEMAN, AGED ABOUT 36 YEARS, R/O VAGER ROAD, ALDUR POST, CHIKKAMAGALURU TALUK - 577111 (OWNER OF BIKE NO.KA 18/S-5485) 3. THE MANAGER UNITED INDIA INSURANCE CO. LTD., THOGARIJUNKAL CIRCLE, K M ROAD, CHIKKAMAGALURU-577101 POLICY NO.2414003117P115778236 VALID FROM 04-02-2019 TO 03-02-2020 4. K K NAGARAJ S/O KARIYAPPA, AGED ABOUT 41 YEARS, CAR DRIVER, R/O KOWRI VILLAGE, KUSHAVARA POST, BELUR TALUK, HASSAN DISTRICT-573215 PRESENTLY R/AT GANGANAMAKKI ESTATE HANDUGULI VILLAGE MUDIGERE TALUK 5. YAKUB S/O UMARABBA, AGED ABOUT 51 YEARS, R/O HANDUGULI VILLAGE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577132 (OWNER OF CAR NO.KA-05/MB-2041) 6. HIRIYANNA G S S/O SHESHEGOWDA G E, AGED MAJOR, R/O THOGARIHANKAL CIRCLE, K M ROAD, CHIKKAMAGALURU-577101 7. THE MANAGER NEW INDIA ASSURANCE CO LTD., NEAR ANDE CHATRA, - 5 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 CRESCENT ROAD, CHIKKAMAGALURU-577101 POLICY NO.68010331170200004587 VALID FROM 16-03-2018 TO 15-03-2019 ...RESPONDENTS (BY SRI. GIRISH B BALADARE., ADV. FOR R1 & R2, SRI. RAVISH BENNI ADV. FOR R3, SRI. K.NAGARAJAIAH, ADV. FOR R7, R4 AND R5 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.02.2022 PASSED IN MVC NO. 468/2019 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AND 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.468/2019 dated 18.02.2022 by the I Additional Senior Civil Judge and Member, MACT, Chikkamagaluru, both Insurance Company as well as the claimants are before this Court. The Insurance Company’s appeal is M.F.A.No.4516/2022 and the claimants’ appeal is M.F.A. No.4965/2022. 2. The claim petition is filed by the parents and three sisters of the deceased seeking compensation of - 6 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 Rs.25,00,000/- for the death of the deceased in the accident. On the aspect of negligence, it is held that because of the rash and negligent driving of the rider of the motor cycle, accident has occurred and as the same is insured with the appellant- Insurance Company, the appellant-Insurance Company is liable to pay the compensation. When it comes to the compensation, the Court had considered the income at Rs.10,000/- p.m. and had granted compensation as per the table given below: Sl. No. Heads of Compensation Compensation amount 1 Loss of dependency Rs. 10,80,000/- 2 Loss of love and affection Rs. 50,000/- 3 Funeral and obsequies ceremony & transportation charges Rs. 25,000/- 4 Future prospects Rs. 1,59,600/- Total Rs. 13,14,600/- 3. Learned counsel appearing for the Insurance Company submits that after full fledged investigation, the police have filed charge sheet against the rider of the motorcycle for the offences under Sections 180 and 181 of the Motor Vehicles Act, 1988 (for short ‘the M.V.Act’) and under Sections 338, 279 and 304(A) of IPC. He submits that filing of charge sheet under Sections 180 and 181 of the M.V. Act - 7 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 clearly shows that the rider of the motorcycle is not having a valid driving license. Once he is not having a valid driving license, the principle of pay and recovery will apply. 4. Learned counsel appearing for the claimants submits that the accident had taken place in the year 2019 and it is the contention that the deceased was earning Rs.15,000/- p.m. The Court had taken the income at Rs.10,000/- p.m. His age is 25 years. As per certain law, he is entitle for future prospects at 40%, but the Court had granted future prospects at 30%. Even under the conventional head also the amount that is awarded by the Tribunal is not just and reasonable. 5. Having heard the learned counsels on either side, perused the material on record. Coming to the aspect of liability, as a charge sheet is filed against the rider of the motorcycle under Sections 180 and 181 of the M.V.Act along with other offences, it is clear that the rider of the motorcycle is not having a valid driving license. In the light of the law laid down by the Hon'ble Apex Court in the case of National insurance co. Ltd. V. Swaran singh and others1, the 1 2004 ACJ 1 - 8 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 principle of pay and recover will apply and the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 6. Coming to the compensation, the deceased was aged about 25 years. As this accident was taken place in the year 2019, this Court taking the income at Rs.14,000/- p.m., the future prospects at 40% would come to an amount of Rs.5,600/-, which comes to an amount of Rs.19,600/- (Rs.14,000/- + Rs.5,600/-). As he is a bachelor, 50% has to be deducted. His contribution to the family would be Rs.21,16,800/- (Rs.9,800/- x 12 x 18) under the head of ‘loss of dependency’. As he has parents and 3 sisters, five people are entitled for an amount of Rs.2,20,000/- (Rs.44,000/- x 5) under the head of ‘loss of consortium’. Towards 'funeral expenses' an amount of Rs.36,000/- is granted. 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 - 9 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 Another2, the claimant is entitled for an amount of Rs.10,000/- towards 'Legal Expenses'. 8. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 10,80,000/- 21,16,800/- 2. Loss love and affection : Rs. 50,000/- 00/- 3. Funeral and obsequies ceremony and transportation charges : Rs. 25,000/- 36,000/- 4. Future prospects : Rs. 1,59,600/- 00/- 5. Loss of consortium : Rs. 00/- 2,20,000/- 6. Legal expenses : 00/- 10,000/- TOTAL : Rs. 13,14,600/- 23,82,800/- Enhancement : Rs. 10,68,200/- 9. Altogether the claimants are entitled for an amount of Rs.23,82,800/- which is payable by the Insurance Company and the same shall be recovered from the owner. 10. Accordingly, both the appeals of the claimants in *M.F.A.No.4965/2022 and the Insurance Company in 2 (2014) 11 SCC 178 * Corrected vide chamber order dated: 09/01/2026. - 10 - HC-KAR NC: 2025:KHC:34533 MFA No. 4516 of 2022 C/W MFA No. 4965 of 2022 M.F.A.No.4516/2022 are partly allowed by enhancing the compensation from Rs.13,14,600/- to Rs.23,82,800/-. i. The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The Insurance Company shall pay the compensation to the claimants and recover the same from the owner of the vehicle. iii. 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. iv. The amount in deposit shall be forthwith transferred to the Tribunal. v. The apportionment is as per the award of the Tribunal. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB