- 1 - HC-KAR NC: 2025:KHC:34673 MFA No. 8968 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. 8968/2018 (MV-D) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY CLAIMS HUB , MAHALAKSHMI CHAMBERS, NO.9, 2ND FLOOR, M G ROAD, BANGALORE – 560 091, REPRESENTED BY ITS MANAGER. …APPELLANT (BY SRI. RAVISHANKAR C R., ADVOCATE) AND: 1. SMT SUBBALAKSHMAMMA, AGED ABOUT 52 YEARS, W/O LATE VENKATARAMAIAH, 2. SRI V GIRISH, AGED ABOUT 32 YEARS, S/O LATE VENKATARAMAIAH, 3. SMT SHILPA B V, D/O LATE VENKATARAMAIAH, ALL ARE R/O BHATTAMARENAHALLI VILLAGE, BUDIGERE POST, CHANANRAYAPATNA HOBLI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34673 MFA No. 8968 of 2018 DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 4. M/S B M S CONCRETE, NO 463/1, SRIKARAMA COMPLEX, DOMMASANDRA , MUTHANALLUR CROSS, SARJAPURA, BANGALORE RURAL DISTRICT, REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. SHRIPAD V SHASTRI., ADVOCATE FOR C/R1, V/O DTD:02.11.2022, R1 & R2 TREATED AS LRS OF R3, V/O DTD:06.12.2018, SERVICE OF NOTICE TO R4 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.06.2018 PASSED IN MVC NO.1986/2016 ON THE FILE OF THE 2ND ADDITIONAL JUDGE & 28TH ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH- 13), AWARDING COMPENSATION OF RS. 22,30,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard both sides. 2. This appeal is filed by the appellant-insurance company against the judgment and award dated 28.06.2018 passed by the Additional Small Causes Judge and MACT, Bangalore in M.V.C. No.1986 of 2016. - 3 - HC-KAR NC: 2025:KHC:34673 MFA No. 8968 of 2018 3. One Venkataramaiah @ Shetty met with an accident on 24.10.2015 and died. His wife, son and daughter filed claim petition claiming compensation of Rs.40,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.22,30,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. It is contended by the learned counsel for the appellant, that during the pendency of the petition before the Tribunal, the 3rd petitioner-daughter of the deceased, died on 19.09.2016. It is argued that 2nd petitioner is also major and he is not dependent on the income of the deceased and therefore, he is not entitled for any compensation. It is contended that the 1st petitioner-wife of the deceased was examined as P.W.1, and also filed Exhibits P.9 and P.10-income tax returns for the years 2013-14 and 2014-15. Apart from that, they filed Exhibits P.16 and P.17-‘B’ register extracts of the vehicles. Therefore, except filing of the said documents, the petitioners have not adduced any evidence to prove that the deceased was doing transport business. The learned counsel has also contended that the deceased was aged 40 to 55 years, - 4 - HC-KAR NC: 2025:KHC:34673 MFA No. 8968 of 2018 at the time of accident and the income taken at the rate of Rs.30,000/- per month by the Tribunal, is excessive and it is to be reduced to Rs.20,000/- per month. 5. Considering the income tax returns of the deceased filed by the petitioners and also considering the age of the deceased and nature of business, this Court finds that the income taken by the Tribunal at Rs.30,000/-per month is on proper appreciation of facts and it needs no interference. 6. The date of birth of the declassed in the income tax returns is shown as 09.11.1955 and he met with an accident on 24.10.2015 and thus, he was aged 60 years as on the date of death. The multiplier of 9 was also taken for assessment and the loss of dependency was calculated at the rate of Rs.21,60,000/-. Tne amounts granted under the heads ‘consortium’ and conventional heads holds good. Therefore, this Court finds no reason to interfere with the said order of the Tribunal. 7. In view of the observation, I pass the following order: (i) The appeal is dismissed. - 5 - HC-KAR NC: 2025:KHC:34673 MFA No. 8968 of 2018 (ii) The appellant-insurance company is directed to deposit the compensation of Rs.22,30,000/- awarded by the Tribunal along with interest at the rate of 6% per annum, within one month from the date of this order. (iii) It is submitted that the appellant has already deposited 50% of the award amount and hence, it is directed to deposit the balance of compensation within one month from the date of this order. (iv) The amount already deposited by the appellant insurance company shall be transferred to the Tribunal immediately. (v) On such deposit, the 1st respondent herein (wife of the deceased) is permitted to withdraw the same along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 38