- 1 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6493 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 7042 OF 2022 (MV-D) IN MFA No. 6493/2023 BETWEEN: 1. YALLAMMA W/O LATE SOOGAPPA @ SOGGAPPA GUNDADAR AGED 58 YEARS R/O YARADODDI JANATHA COLONY LINGASURU TALUK - 584139 RAICHUR DISTRICT - 584125. 2. GANGAMMA W/O JAGADEESH D/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR AGED 38 YEARS R/O WARD NO.1, HULIHYDER KOPPAL DISTRICT - 582 114. 3. MAHANTHAMMA W/O HANUMANTHAPPA D/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR AGED 35 YEARS R/O WARD NO.3, HULIHYDER KOPPAL DISTRICT - 582 114. 4. RENUKAMMA W/O NAGAREDDI D/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 AGED 35 YEARS R/O MARUTHI NAGAR, CAMP, JAWALGERE VILLAGE, RAICHUR DISTRICT - 584125. 5. PAMPAPATHI GUNDADAR S/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR AGED 33 YEARS R/O NAGAPPA REDDY BUILDING NEAR RAMA TEMPLE, ANNASANDRA PALYA, BANGALORE - 560 001. ALL APPELLANTS ARE NOW RESIDENTS OF YALLAPURA VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT - 577 101. …APPELLANTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA., ADVOCATE) AND: 1. NAGARAJ S S/O LATE SUGAPPA GUNDADAR AGED 34 YEARS, R/O 331/2, NAGAPPA REDDY BUILDING, RAMA TEMPLE, ANNASANDRA PALYA, BANGALORE - 560001. 2. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, OFFICE AT. UNIT 4, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH M BLOCK, BANGALORE - 560010. - 3 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 …RESPONDENTS (BY SRI.H S LINGARAJU ADVOCATE FOR R2) V/O DATED 05.10.2023 NOTICE TO R1 D/W MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2022 PASSED IN MVC NO. 160/2020 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7042/2022 BETWEEN: 1. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED NO.4 9TH FLOOR, GOLDEN HEIGHTS COMPLEX 59TH C CROSS, RAJAJINAGAR 4TH M BLOCK BENGALURU-560010 BY ITS MANAGER ...APPELLANT (BY SRI. LINGARAJ H S.,ADVOCATE) AND: 1. YALLAMMA NOW AGED ABOUT 57 YEARS, W/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR R/A YARADODDI JANATHA COLONY LINGASURU TALUK RAICHUR DISTRICT 2. GANGAMMA NOW AGED ABOUT 37 YEARS, W/O JAGADEESH - 4 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 D/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR R/A WARD NO.1 HULIHYDER KOPPAL DISTRICT 3. MAHANTHAMMA NOW AGED ABOUT 34 YEARS, W/O HANUMANTHAPPA D/O LATE SOOGAPPA @ SOOGAPPA GUNDADAR R/A WARD NO.3 HULIHYDER KOPPAL DISTRICT 4. RENUKAMMA NOW AGED ABOUT 34 YEARS W/O NAGAREDDI D/O LATE SOOGAPPA @ SOGAPPA GUNDADAR R/A MARUTHI NAGAR CAMP JAWALGERA VILLAGE RAICHUR DISTRICT 5. PAMPAPATHI GUNDADAR NOW AGED ABOUT 32 YEARS S/O LATE SOOGAPPA @ SOGAPPA GUNDADAR R/A NAGAPPA REDDY BUILDING, NEAR RAMA TEMPLE, ANNASANDRA PALYA BENGALURU RESPONDENT NOS.1 TO 5 ABOVE ARE NOW R/AT YALLAPURA VILLAGE KASABA HOBLI TUMAKUR TALUK AND DISTRICT - 5 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 6. NAGARAJ S NOW AGED ABOUT 33 YEARS S/O SUGAPPA GUNDADAR R/A NO.331/2, NAGAPPA REDDY BUILDING NEAR RAMA TEMPLE ANNASANDRA PALYA BENGALURU ...RESPONDENTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA.,ADVOCATE) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2022 PASSED IN MVC NO. 160/2020 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.8,83,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.160/2020 dated 19.03.2022 by the II Additional District Judge and MACT at Tumakuru whereby the Tribunal had granted compensation of an amount of Rs.8,83,000/-, the claimants are before this Court seeking enhancement of the compensation by filing - 6 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 MFA.No.6493/2023. Insurance Company's appeal is MFA.No.7042/2022. 2. The claim petition was filed by claimants under Section 166 of the Indian Motor Vehicles Act, 1988, seeking compensation of Rs.60,00,000/- for the death of the deceased in the road traffic accident. The claimants are wife, daughters and son of the deceased. 3. The brief facts of the case are that on 05.11.2019 at 11.00 p.m. while the deceased along with his relatives were proceeding in a car and when reached near Batawadi Bridge, towards Bengaluru N.H.48 road, Tumakuru driver of the said vehicle drove the same in the rash and negligent manner with high speed and dashed to Mahindra Maxim vehicle and caused the accident. As a result, the deceased had sustained injuries. Immediately he was shifted to Governmental Hospital, Tumakuru, after first aid he was shifted to NIMHANS Hospital, Bengaluru wherein he was admitted as inpatient and during his treatment he succumbed to the injuries. - 7 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 4. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency Rs. 6,30,000/- 2. Towards consortium Rs. 2,00,000/- 3. Medical expenses Rs. 23,000/- 4. Towards funeral expenses Rs. 15,000/- 5. Towards loss of estate Rs. 15,000/- TOTAL Rs. 8,83,000/- 5. Learned counsel appearing for the claimants submits that the accident had taken place in the year 2019. The Tribunal ought to have taken the income at Rs.14,000/- instead of that the Tribunal had taken income at Rs.10,000/ and even under the conventional heads also the amount that is awarded by the Tribunal is not just and reasonable. 6. Learned counsel appearing for the respondent/Insurance Company submits that the three major married daughters of the deceased are not entitled for loss of dependency and the Tribunal instead of deducting 1/4th ought to have deducted 1/3rd. It is submitted that the compensation - 8 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 that is awarded by the Tribunal is on the higher side and the same needs to be reduced. 7. Having heard learned counsels on either side, perused the materials on record. The accident had taken place in the year 2019. This Court is taking income at Rs.14,000/-. The Tribunal had taken claimants as five. But the 3 married daughters cannot be considered as dependants. Hence, this Court is deducting 1/3rd towards the personal expenses. It would come to Rs.4,666/-. Then the contribution to the family is an amount of Rs.9,333/-(Rs.14000-Rs.4,666). Hence, the loss of dependency would come to an amount of Rs.7,83,972/-(Rs.9,333x12x7). Towards loss of consortium, an amount of Rs.2,20,000/- (Rs.44000x5) is granted. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. Towards medical expenses and loss of estate, the Tribunal had rightly considered and granted compensation. This Court do not find any reason to interfere. 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 - 9 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 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: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 6,30,000/- 7,83,972/- 2. Towards consortium Rs. 2,00,000/- 2,20,000/- 3. Medical expenses Rs. 23,000/- 00/- 4. Towards funeral expenses Rs. 15,000/- 36,000/- 5. Towards loss of estate Rs. 15,000/- 00/- 6. Legal expenses Rs. 00/- 10,000/- TOTAL 8,83,000/- 10,49,972/- Enhancement Rs. 1,66,972/- 10. Accordingly, MFA.No.6493/2023 appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.8,83,000/- to Rs.10,49,972/. 1 (2014) 11 SCC 178 - 10 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 MFA.No.7042/2022 filed by the Insurance Company is dismissed. i) The enhanced 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 respondent-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 claimant is entitled to withdraw the entire amount without furnishing any security. iv) 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. v) On *18.09.2025, the delay of 457 days is condoned by this Court, on the condition that the claimants will not be entitled for the interest, in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delay period. vi) The amount in deposit shall be forthwith transferred to the Tribunal. * Corrected vide chamber order dated: 14/01/2026. - 11 - HC-KAR NC: 2025:KHC:38061 MFA No. 6493 of 2023 C/W MFA No. 7042 of 2022 vii) No costs. viii) Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 2 Sl No.: 10