- 1 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7859 OF 2018 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 8851 OF 2018 (MV-I) IN MFA NO. 7859/2018 BETWEEN: THE DIVISIONAL MANAGER M/S. BAJAJ ALLIANZ GIC LTD., NO.1/2, GOLDEN HEIGHTS 4TH FLOOR, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BANGALORE - 10 …APPELLANT (BY SRI: PRADEEP .B., ADVOCATE) AND: 1. SMT. PALAKKA @ PALAMMA W/O. LATE. MARANNA AGED ABOUT 29 YEARS. 2. M. MANJULA D/O. LATE. MARANNA AGED ABOUT 18 YEARS. 3. M. ANANDA S/O. LATE. MARANNA AGED ABOUT 14 YEARS. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 4. M. SOMASHEKAR S/O. LATE. MARANNA AGED ABOUT 11 YEARS. RESPONDENTS NO.3 & 4 ARE MINORS HENCE REPRESENTED BY THEIR NATURAL GUARDIAN HIS MOTHER I.E., RESPONDENT NO.1 ALL ARE PETITIONER'S PERMANENT RESIDENT OF HOSANAGARA THALAK (V) CHALLAKERE TALUK NOW R/O. SADIQ NAGAR IUDP LAYOUT CHITRADURGA TOWN. 5. SRI. S. NARASIMHA REDDY SETTIPALLI S/O RAMI REDDY, MAJOR R/O HOUSE NO.1/519-1/2 NANDYALA ROAD, TADPATRI ANANTHA PURA DISTRICT AP - 515 411 …RESPONDENTS (BY SMT: DEEPA B.M., ADVOCATE FOR SRI: B. PRAMOD, ADVOCATE FOR R1 TO R4 R3 & R4 MINORS REP BY R1 V/O DT.3/9/25, NOTICE TO R5 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26/07/2018, PASSED IN MVC NO.1057/2017, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE, CHITRADURGA, AWARDING COMPENSATION OF RS.12,85,000/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF FILING THE PETITION TILL THE REALIZATION. - 3 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 IN MFA NO. 8851/2018 BETWEEN: 1. SMT. PALAKKA @ PALAMMA W/O. LATE. MARAMMA AGED ABOUT 29 YEARS. 2. M. MANJULA D/O. LATE. MARAMMA AGED ABOUT 171/2 YEARS. 3. M. ANANADA S/O. LATE. MARAMMA AGED ABOUT 14 YEARS. 4. M. SOMASHEKAR S/O. LATE. MARAMMA AGED ABOUT 11 YEARS. APPELLANTS NO.2 TO 4 ARE MINORS REP BY NATURAL GUARDIAN AND MOTHER SMT. PALAKKA @ PALAMMA ALL APPELLANTS ARE PERMANENT RESIDENT OF HOSANAGARA THALAK (V) CHALLAKERE TALUK NOW R/O. SADIQ NAGAR IUDP LAYOUT CHITRADURGA TOWN - 577 501. …APPELLANTS (BY SMT: DEEPU B.M., ADVOCATE FOR SRI: B. PRAMOD, ADVOCATE) AND: 1. SRI. S. NARASIMHA REDDY SETTIPALLI S/O RAMI REDDY MAJOR NANDYALA ROAD, TADPATRI ANANTHA PURA DISTRICT A.P. STATE, PIN - 515 411 - 4 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 2. THE DIVISIONAL MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO LTD., BRANCH OFFICE DR. RAJKUMA ROAD BANGALORE - 560 010 …RESPONDENTS (R1 SD. SRI: B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26/07/2018, PASSED IN MVC NO.1057/2017, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE, CHITRADURGA, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.7859 of 2018 is filed by the Insurance Company challenging the judgment and award dated 26.07.2018 passed in MVC No.1057 of 2017 by the Principal Senior Civil Judge and CJM, Chitradurga (for short 'the Tribunal'), whereas MFA No.8851 of 2018 is filed by the claimants seeking enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 3. Heard learned counsel for both the parties and perused the materials on record. 4. Learned counsel for the Insurance Company contended that as per Aadhar Card, he was born on 01.01.1961 and met with an accident on 27.07.2017 and thus, he was aged 56 years. The Tribunal relied upon Ex.P6 - post mortem report and assessed his age as 40 years, which is to be rectified. He further submitted that the Tribunal has ordered interest at the rate of 9%, which is exorbitant and the same is to be reduced to 6%. Hence, he prays to modify the order of the Tribunal to this extent. 5. Learned counsel for the respondent does not dispute the same and prays to pass appropriate orders. 6. From the materials on record, i.e., Ex.R1 - the Aadhar Card of the deceased, his date of birth is shown as 01.01.1961. The Tribunal observing that the medical officer is the competent person to find out the age of the deceased than the official of the Government and also Investigating Officer, - 6 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 relied on Ex.P6 - the post mortem report and taken his age as 40 years for computation of loss of dependency. 7. This Court is of the opinion that it is just and proper to consider the age of the deceased as 56 years as per Ex.R1 - Aadhar Card. The deceased was working as coolie and it is stated that he was earning Rs.20,000/- per month. However, the claimants have not adduced any evidence regarding his income. As such, as per the guidelines given by Karnataka State Legal Services Authority, as he met with an accident in the year 2017, this Court is of the opinion to take his income at Rs.11,000/- per month instead of Rs.9,000/- as assessed by the Tribunal. As there are 4 dependents, ¼th is to be deducted towards his personal expenses as per the guidelines of the Hon’ble Apex Court in Sarla Verma Vs. Delhi Transport Corporation1. The age of the deceased was 56 years. Hence, his future prospects is to be taken as 10% as per the guidelines of the Hon’ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi2. Therefore, the loss of dependency would come to Rs.11,000 x 10% = Rs.1,100/- (11,000 + 1,100 = 12,100/-). 1/4th is to deducted from Rs.12,100/- 1 (2009) 6 SCC 121 2 (2017) 16 SCC 680 - 7 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 (Rs.12,100/- x 1/4th =3,025) Rs,9,075/- (Rs.12,100 - 3025 = 9,075) is to be taken as his monthly income. The multiplier applicable is '9' for the age of 56 years. Therefore, the loss of dependency is Rs.9,80,100/-(9,075x12x9). 8. As per the decision of Hon'ble Supreme Court in Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, claimant No.1 is entitled for Rs.40,000/- towards loss of consortium and claimant Nos.2, 3 and 4 being minor children of the deceased are entitled for Rs.40,000/- each towards parental consortium. Therefore, towards loss of consortium, the claimants are entitled to Rs.1,60,000/- (40,000 x 4). The claimants are also entitled for Rs.30,000/- towards conventional heads. 9. Thus, the claimants are entitled to the following compensation: Compensation under different Heads Amount in (Rs.) Loss of dependency 9,80,100/- 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 8 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 Loss of spousal consortium 40,000/- Loss of Parental consortium (40000X3) 1,20,000/- Conventional heads 30,000/- Total 11,70,100/- The claimants are entitled to a total compensation of Rs.11,70,100/- as against Rs.12,85,000/- awarded by the Tribunal. 10. In view of the aforesaid, I pass the following:- ORDER (i) MFA No.7859 of 2018 is allowed. MFA No.8851 of 2018 is partly allowed. (ii) The judgment and award dated 26.07.2018 passed in MVC No.1057 of 2017 by the Principal Senior Civil Judge and CJM, Chitradurga, is hereby modified. (iii) The claimants are entitled for a total compensation of Rs.11,70,100/- as against the compensation of Rs.12,85,000/- awarded by the - 9 - HC-KAR NC: 2025:KHC:34672 MFA No. 7859 of 2018 C/W MFA No. 8851 of 2018 Tribunal, along with interest at 6% p.a. from the date of petition till the date of realisation. (iv) The appellant - Insurance Company is directed to deposit the balance compensation amount within one month from the date of this order, as already 50% of the compensation amount is deposited by the Insurance Company. (v) On such deposit, claimant Nos.1 to 3 are permitted to withdraw the entire amount along with interest accrued on it. (vi) The amount of claimant No.4 is ordered to be kept in a Fixed Deposit in any nationalised bank, in his name, till he attain the age of majority. (v) Statutory deposit, if any, made before this Court is directed to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 11