- 1 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5172 OF 2021 (MV-D) BETWEEN: 1. SRI. GIRISH S/O. LATE NANJUNEGOWDA, AGED ABOUT 32 YEARS, R/AT AGASARAHALLI VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201, HASSAN - 573 201. 2. SRI. YOGESH S/O. LATE NANJUNEGOWDA, AGED ABOUT 30 YEARS, R/AT AGASARAHALLI VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201, HASSAN - 573 201. …APPELLANTS (BY SMT. KAVITHA H C.,ADVOCATE) AND: 1. SRI. SHIVAKUMAR A N S/O. LATE N. NINGEGOWDA, AGED ABOUT 35 YEAS, R/AT AGASARAHALLI VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201, HASSAN - 573 201. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 (OWNER OF AUTO-RICKSHAW BEARING NO.KA-17-B-3970) 2. MANAGER BHARTI AXA GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, FERNS ICON, SURVEY NO. 28, DODDANAKUNDI, BANGALORE-560 037. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; R1 - SHIVAKUMAR A.N - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.10.2019 PASSED IN MVC NO.458/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, 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.458/2018 dated 30.10.2019 by the Principal Senior Civil Judge and MACT, Channarayapatna, whereby the Tribunal had granted compensation of an amount Rs.11,85,000/- and also fixed the liability on the owner of the vehicle, the claimants are before - 3 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 this Court questioning the liability as well as quantum of compensation. 2. The claim petition is filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.25,00,000/-. Claimants are sons of the deceased. 3. The brief facts of the case are that on 16.02.2018 at about 10.00 a.m. in the morning when the mother of claimants were going in auto-rickshaw, the driver had driven the auto- rickshaw in rash and negligent manner and made the auto- rickshaw to turtle and thereby the auto-rickshaw fell on the right side of the road causing accident for which the deceased was sitting toward right side suffered injuries to her trunk and legs and had succumbed to the injuries on the spot. 4. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of financial dependency Rs. 9,75,000/- 2. Funeral expenses and Rs. 15,000/- - 4 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 conveyance 3. Loss of estate Rs. 15,000/- 4. Loss of love and affection to petitioners No.1 and 2 each Rs.50,000/- Rs. 1,00,000/- Loss of parental consortium to petitioners No.1 and 2 each Rs.40,000/- Rs. 80,000/- TOTAL Rs. 11,85,000/- 5. Learned counsel appearing for claimants submits that the Tribunal had fixed the liability on the owner of the vehicle only on the ground that there was deviation in route permitted. In the light of the law laid down by the Hon'ble Apex Court in the case of the 1RANI AND OTHERS V. NATIONAL INSURANCE CO. LTD. AND OTHERS, it is submitted that still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. Further, on all counts the award granted by the Tribunal is not a just and reasonable and the same needs to be enhanced. 1 2018 ACJ 2430 (2018) 8 SCC 492 - 5 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 6. Learned counsel appearing for the respondent/Insurance Company submits that the Tribunal has rightly granted the compensated and no interference in called for. 7. Having heard the learned counsel on either side, perused the material on record. The only ground on which the liability is fixed is that there was deviation in the route permit. Even on that ground also the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. The law laid down by the Hon'ble Apex Court in the case of RANI AND OTHERS V. NATIONAL INSURANCE CO. LTD. AND OTHERS is applicable to this case and the Insurance Company is liable pay and recover the same from the owner of the vehicle. 8. Coming to the compensation, the accident had taken place in the year 2018. The notional income has to be taken at Rs.12,500/-. The Tribunal had taken 25% towards future prospects. Considering the age of the deceased, this Court is taking future prospects at 10% which would come to an amount of Rs.13,750/- (Rs.12,500+Rs.1,250). As there are - 6 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 two dependents, 1/3rd has to be deducted towards the personal expenses i.e., Rs.4,583/-. Then the contribution to the family would be an amount of Rs.9,166/- (Rs.13,750+4,583). Hence, loss of dependency would come to an amount of Rs.14,30,300/-(Rs.9166x12x13). Towards loss of consortium as there are 2 defendants, an amount of Rs.88,000 (Rs.44,000x2) is granted by this Court. Towards Funeral expenses, an amount of Rs.36,000/- is granted by this Court. 9. 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. 10. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of financial dependency Rs. 9,75,000/- 14,30,300/- 2 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 2. Funeral expense and conveyance Rs. 15,000/- 36,000/- 3. Loss of estate Rs. 15,000/- 00 4. Loss of love and affection to petitioners No.1 and 2 each Rs.50,000/- Rs. 1,00,000/- 00 5. Loss of parental consortium to petitioners No.1 and 2 each Rs.40,000/- Rs. 80,000/- 88,000/- 6. Legal Expenses Rs. 00 10,000/- TOTAL Rs. 11,85,000/- 15,64,300/- Enhancement Rs. 10. Altogether the claimant is entitled for an amount of Rs.15,64,300/-. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from Rs.11,85,000/- to Rs.15,64,300/-. 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 - 8 - HC-KAR NC: 2025:KHC:37692 MFA No. 5172 of 2021 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) The amount in deposit shall be forthwith transferred to the Tribunal. vi) No costs. vii) Pending I.As, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 10