- 1 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 6447 OF 2014 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 8105 OF 2014 (MV-D) IN MFA No. 6447/2014 BETWEEN: 1. SMT. P.S.JAYASHREE, W/O. LATE M.R.KRISHNA MURTHY, AGED ABOUT 58 YEARS, 2. 3. KUM. M.K.PRIYA, D/O. LATE M.R.KRISHNA MURTHY, AGED ABOUT 27 YEARS, BOTH ARE RESIDING AT MAYUR RESIDENCY, FLAT NO. 502, PANDESWARA, MANGALORE, PRESENT ADDRESS: NO.194, AISWARYA, 100 FT RING ROAD, BANASHANKARI 3RD STAGE, BENGALURU - 560085. SMT. PREETHI M.K., D/O. LATE M.R.KRISHNAMURTHY, AGED ABOUT 41 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 CURRENTLY RESIDING AT 3829, 33RD AVE W, SEATTLE, WA 98199. (AMENDED CAUSE TITLE AS PER COURT ORDER DATED 16.04.2025) …APPELLANTS (BY SRI. BHARGAVA D.BHAT, ADVOCATE) AND: 1. KIRAN KUMAR, S/O. KESHAVA BANGERA, AGED ABOUT 43 YEARS, BIDRA HOUSE BELIYOORU VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574211. 2. M/S. RELIANCE GENERAL INSURANCE CO. LTD., BR. OFFICE AT MAXIMUM COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANKATTA, MANGALORE, D.K.DISTRICT - 577001. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R2; VIDE ORDER DATED 26.06.2015 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2014 PASSED IN MVC NO.1734/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 IN MFA NO. 8105/2014 BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, MAXIMUM COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANKATTA, MANGALORE, D.K. THE LEGAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE 5TH FLOOR, CENTENARY BUILDING, NO.28, M.G. ROAD, BENGALURU - 560001. ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. P.S.JAYASHREE, W/O. M.R.KRIHNA MURTHY, AGED ABOUT 58 YAERS, 2. M.K.PRIYA, D/O. LATE M.R.KRISHNA MURTHY, AGED ABOUT 27 YEARS R1 AND R2 ARE R/AT MAYURA RESIDENCY, FLAT NO.502, PANDESHWARA, MANGALORE, - 4 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 D.K. DISTRICT - 575001. 3. KIRAN KUMAR, S/O. KESHAVA BANGERS, AGED ABOUT 43 YEARS, R/AT BIDRA HOUSE, BELIYOORU VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 575001. ...RESPONDENTS (BY SRI. BHARGAVA D.BHAT, ADVOCATE FOR R1 & R2; VIDE ORDER DATED 04.08.2015 NOTICE TO R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2014 PASSED IN MVC NO.1734/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K., AWARDING COMPENSATION OF Rs.3,67,025/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T - 5 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the appellant and learned counsel for the respondent. 2. Miscellaneous First Appeal No.8105/2014 is filed by the Insurance Company on the grounds of quantum of compensation challenging the Judgment and award dated 01.03.2014 passed by the II Additional Senior Civil Judge, Mangalore D.K., (for short 'the Tribunal') in MVC No.1734/2011 where as Miscellaneous First Appeal No.6447/2014 is filed by the appellants - claimants for enhancement of compensation being aggrieved by the judgment and award passed by the Tribunal. 3. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 4. Brief facts of the case are that on 31.01.2011 at about 3:30 p.m., when M.R.Krishnamurthy (the deceased) - 6 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 was traveling in Indica Car bearing Registration No.KA-19-Z- 8091 from Bangalore to Mangalore along with other claimants observing all traffic rules and regulations, when they reached Karuvelu Pachchadi of Beliyooru village, Bantwal Taluk, the driver of the bus bearing Reg.No.KA-20-C-8448 came from the opposite side in high speed, rash and negligent manner without following the traffic rules, thus, dashed against the said Indica car. Due to the impact, M.R.Krishna Murthy, the husband of the claimant No.1 and father claimant No.2 in MVC.No.1734/2011 sustained grievous injuries and were shifted to Government hospital, Puttur, and after examining him, the doctors declared that M.R.Krishna Murthy died due to grievous injuries on vital parts of the body. This led to registration of FIR and investigation. 5. Sri. Bhargava D Bhat, learned counsel for the appellants - claimants vehemently contended that the Tribunal granted meager compensation considering the income of the deceased at Rs.25,000/- which is on lower side. In fact the deceased was a retired General Manager - 7 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 worked in a private company but the Tribunal has considered the notional income, which is meager. Hence, he prays to allow the appeal. 6. Sri. B. Pradeep, learned counsel for the respondent - Insurance Company vehemently contended that the Tribunal awarded high and exorbitant compensation under the head 'loss of consortium', 'funeral expenses', 'loss of Estate' and 'loss of love and affection which is on higher side. 7. We have perused the material available on record. Having heard the learned counsels for both the parties, the point that would arise for our consideration in the appeal is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement or reduction? - 8 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 8. In the instant appeals, the Insurance Company has not disputed the accident, cause of death of deceased and liability to pay compensation to the claimants. 9. Insofar as quantum of compensation is concerned the Tribunal assessed the income of deceased at Rs.25,000/- and has granted fair and reasonable compensation. Hence, no interference is called for in that regard. Though the claimants have relied on the income tax returns of the deceased, the income tax returns has been submitted after the death of the deceased. Therefore, the Tribunal has rightly not considered the said documents. Thus, no interference is called for in that regard. 10. Insofar as compensation awarded by the Tribunal in respect of loss of consortium, love and affection, loss of estate is concerned, the Tribunal has awarded higher compensation under these heads i.e., a sum of Rs.1,00,000/- , Rs.2,00,000/- and Rs.1,00,000/- respectively which is on higher side. In view of the judgment of Hon'ble Apex Court in - 9 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM ALIAS CHUHRURAM AND OTHERS reported in (2018) 18 SCC 130 and NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680, the claimants are entitled to Rs.40,000-/ each towards ‘loss of consortium’. The claimants are widow and two children and hence, they are entitled to compensation of Rs.1,20,000/- under the head ‘loss of consortium’ and Rs.15,000/- towards ‘loss of estate’ and Rs.15,000/- for ‘funeral expenses’. 11. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 12,00,000.00 Loss of consortium 1,20,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 TOTAL 13,50,000.00 Less: Compensation awarded by the Tribunal 16,10,000.00 REDUCED COMPENSATION 2,60,000.00 12. In the result, we pass the following: - 10 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 O R D E R i. The MFA No.6447/2014 is dismissed and MFA No.8105/2014 is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled to a total compensation of Rs.13,50,000/- as against Rs.16,10,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its realization. iii. The respondent – Insurance Company is directed to deposit the entire compensation amount together with accrued interest within six weeks from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. v. Draw modified award accordingly. - 11 - HC-KAR NC: 2025:KHC:38412-DB MFA No. 6447 of 2014 C/W MFA No. 8105 of 2014 vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. In view of the disposal of the appeal, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 25