- 1 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5647 OF 2024(MV-D) BETWEEN: THE MANAGER ACKO GIC LTD., UNIT NO. 301, 3RD FLOOR, E WING, LOTUS CORPORATE PARK, GOREGAON (E), MUMBAI-400 053, NOW REP BY THE MANAGER, ACKO GIC LTD., NO. 9, 17TH A MAIN ROAD, NEAR SUKH SAGAR RESTAURANT, 5TH BLOCK, KORAMANGALA, BENGALURU-560 095. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. JAYANTHI W/O. LATE CHANDRAHASA, AGED ABOUT 46 YEARS, R/AT D. NO. 3-264, AMAI HOUSE, KOLNADU, BANTWAL TALUK, PRESENTLY R/AT C/O. PRASAD ALVA, VYASANAGARA, KPT, MANGALURU 2. SHAMA D/O. LATE CHANDRAHASA, AGED ABOUT 22 YEARS, R/AT D. NO. 3-264, AMAI HOUSE, KOLNADU, BANTWAL TALUK, PRESENTLY R/AT C/O. PRASAD ALVA, VYASANAGARA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 of 2024 KPT, MANGALURU. 3. SHEEBHA D/O. LATE CHANDRAHASA, AGED ABOUT 16 YEARS, SINCE THE 3RD RESPONDENT IS MINOR WILL BE REPRESENTED BY HER MOTHER, I.E., SMT. JAYANTHI-1ST RESPONDENT, R/AT D. NO. 3-264, AMAI HOUSE, KOLNADU, BANTWAL TALUK, PRESENTLY R/AT C/O. PRASAD ALVA, VYASANAGARA, KPT, MANGALURU. 4. GULABI W/O. LATE SANJEEVA SHEKHA, AGED ABOUT 69 YEARS, R/AT D. NO. 3-264, AMAI HOUSE, KOLNADU, BANTWAL TALUK, PRESENTLY R/AT C/O. PRASAD ALVA, VYASANAGARA, KPT, MANGALURU. 5. GURUPRASAD. R. A. S/O. ANANTHA BHANDARY, AGED ABOUT 35 YEARS, R/AT D. NO. 1/128A, BOTYADI HOUSE, SARVE POST AND VILLAGE, DARBE, PUTTUR TALUK-574 202. …RESPONDENTS (BY SRI. GURUPRASAD B.R., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2024 PASSED IN MVC NO. 1686/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, DAKSHINA KANNADA, MANGALURU, AWARDING COMPENSATION OF RS. 25,54,628/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1686/2022 dated 29.06.2024 by the VI Addl. District and Sessions Judge and MACT, D.K., Mangaluru, whereby the Tribunal had granted compensation of an amount of Rs.25,54,628/-, the Insurance Company is before this Court. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.45,00,000/- for the death of the deceased. It is the case of the claimants that on 22.08.2022 the deceased along with his co-worker had loaded the organic fertilizer to the pick up at Padar and was proceeding as pillion rider in the scooter from Salethooru towards Vittla in order to go to unload the same at Kalkaje. The said scooter was ridden by his co-worker slowly by observing the rules and regulations of the traffic. Thus, when they reached near Exchange Office, Kudthamugeru, Kolnadu Village in Bantwal Taluk, at about 1.30 pm., a motor cycle ridden by its rider at high speed, in a rash and negligent manner came from opposite direction by overtaking one lorry and after coming to - 4 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 of 2024 its full wrong side and dashed to the above said scooter. Due to this impact, the deceased and rider fell on road along with scooter and sustained multiple grievous injuries. Immediately, the deceased was shifted to K. S. Hegde Hospital, Deralakatte of Mangaluru, where the duty medical officer had examined him and admitted as inpatient. The deceased was succumbed to the injuries on the same day at about 5.28 pm., during the course of his treatment. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss of dependency Rs. 23,57,628/- 2. Loss of consortium and love and affection Rs. 1,60,000/- 3. Loss of estate Rs. 15,000/- 4. Funeral expenses Rs. 15,000/- 5. Medical bill Rs. 7,000/- Total Rs. 25,54,628/- 3. Learned counsel appearing for the Insurance Company submits that when the age of the deceased is 48 years the Tribunal had granted future prospects at 30%, but he is entitled for 25% of future prospects. It is further submitted that the Tribunal had taken the rate of interest at 9% and it ought to have been at the rate of 6% per annum. - 5 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 of 2024 4. Learned counsel appearing for the claimants submits that under the conventional heads the amount that is awarded by the Tribunal is not just and reasonable. It is submitted that on other counts the Tribunal had granted just and reasonable compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. As rightly contended by the learned counsel for the Insurance Company, when the age of the deceased is 48 years, Tribunal ought to have take 25% as future prospects, but the Tribunal had taken 30%. Hence, taking the income of the deceased at Rs.15,500/- per month, 25% of future prospects would come to an amount of Rs.3,875/-. Then his salary is Rs.19,375/- per month. 1/4th has to be deducted towards his personal expenses which comes to an amount of Rs.4,843/-. Then, his contribution towards the family is Rs.14,532/-. Hence, this Court is granting an amount of (14,532X12X13)=Rs.22,66,992/- towards loss of dependency. 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 - 6 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 of 2024 Rs.36,000/-. The Tribunal had granted an amount of Rs.7,000/- towards medical bills and this Court is not interfering with the same. 6. 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. 23,57,628/- 22,66,992/- 2. Loss of consortium and love and affection Rs. 1,60,000/- 1,76,000/- 3. Loss of estate Rs. 15,000/- 00/- 4. Funeral expenses Rs. 15,000/- 36,000/- 5. Medical bill Rs. 7,000/- 7,000/- Total Rs. 25,54,628/- 24,85,992/- Reduced amount Rs. 68,636/- 7. Altogether, the claimants are entitled for the compensation of an amount of Rs.24,85,992/-. 8. Accordingly, the appeal filed by the Insurance Company is partly allowed by reducing the rate of interest from 9% to 6% per annum and also the compensation from an amount of Rs.25,54,628/- to Rs.24,85,992/-. - 7 - HC-KAR NC: 2025:KHC:42563 MFA No. 5647 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) The appellant/Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. If any excess amount is deposited the insurance company is at liberty to withdraw. 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.: 4 Sl No.: 61