- 1 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2300 OF 2016(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.5820 OF 2016(MV-D) IN MFA No. 2300/2016 BETWEEN: 1. SMT RATHNAMMA W/O LATE SRI H SHIVARUDRAIAH AGED ABOUT 51 YEARS, R/AT NO.9, THULASIKRUPA 1ST 'A' CROSS, S.V.G NAGAR MUDALAPALYA BENGALURU-560 072 2. SMT. G.S VIDYA W/O SRI D.H RAJASHEKAR AGED ABOUT 31 YEARS, R/AT NO.878, 4TH MAIN ROAD, 6TH CROSS, NEAR ANJANEYA TEMPLE GANGONDANAHALLI, NAYANDAHALLI BENGALURU-560 039 3. SRI. G.S VINAY KUMAR S/O LATE SRI H SHIVARUDAIAH AGED ABOUT 28 YEARS, R/AT NO.9, THULASIKRUPA 1ST 'A' CROSS, S.V.G NAGAR MUDALAPALYA, BENGALURU-560 072 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 4. SRI. G.S VIKAS S/O LATE SRI SHIVARUDRAIAH AGED ABOUT 24 YEARS, R/AT NO.9, THULASI KRUPA 1ST 'A' CROSS, S.V.G NAGAR MUDALAPALYA BENGALURU-560 072 …APPELLANTS (BY SMT. NITHYA V, ADVOCATE FOR SRI. R.B. SADASHIVAPPA, ADVOCATE) AND: 1. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED NO.14, 1ST FLOOR, H.M GENEVA HOUSE CUNNINGHAM ROAD, BENGALURU-560 052 2. SRI. S. GOWRAV S/O SRI M SHANTHA KUMAR AGED ABOUT 24 YEARS, R/AT NO.61, WEST OF CHORD ROAD 1ST STAGE, 6TH PHASE, 3RD CROSS, RAJAJINAGAR BENGALURU-560 010 …RESPONDENTS (BY SRI. H.S LINGARAJU, ADVOCATE FOR R1, SRI. K.T. GURUDEVA PRASAD, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.11.2015 PASSED IN MVC NO.303/15 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE & MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 IN MFA NO. 5820/2016 BETWEEN: SRI GOWRAV S S/O SHANTHA KUMAR M AGED ABOUT 24 YEARS R/AT NO 61, WEST OF CHORD ROAD, I STAGE, 6TH PHASE 3RD CROSS, RAJAJINAGAR, BANGALORE - 560 010 ...APPELLANT (BY SRI. GURUDEVA PRASAD K.T, ADVOCATE) AND: 1. SMT RATHNAMMA W/O LATE H SHIVARUDRAIAH AGED ABOUT 51 YEARS 2. SMT G.S VIDYA W/O D.H RAJASHEKAR AGED ABOUT 31 YEARS RESPONDENTS 1 AND 2 ARE R/A NO 8/8, 4TH MAIN ROAD, 6TH CROSS, NEAR ANJANEYA TEMPLE, GANGONDANAHALLI, NAYANADAHALLI BENGALURU - 560 039 3. G.S VINAY KUMAR S/O LATE H SHIVARUDRAIAH AGED ABOUT 28 YEARS 4. G S VIKAS S/O LATE H SHIVARUDRAIAH AGED ABOUT 24 YEARS - 4 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 RESPONDENTS 3 AND 4 ARE RESIDING AT NO 9, THULASI KRUPA, 1 A CROSS, SVG NAGAR, MUDALA PALYA, BENGALURU - 560 072 5. HDFC ERGO GENERAL INSURANCE COM LTD NO.14, 1ST FLOOR, H M GENEVA HOUSE, CUNNINGHAM ROAD BENGALURU - 560 052 BY ITS MANAGER ...RESPONDENTS (BY SMT. NITHYA V, ADVOCATE FOR SRI. R.B. SADASHIVAPPA, ADVOCATE FOR R1 TO R4, SRI. H.S. LINGARAJU, ADVOCATE FOR R5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.11.2015 PASSED IN MVC NO.303/15 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE & MEMBER, MACT, BENGALURU, AWARDING COMPENSATION OF RS.8,77,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These two appeals have been filed by the claimants and owner of the offending vehicle against the judgment and award dated 21.11.2015 passed in MVC No.303/2015 by the Motor Accident Claims Tribunal Court of Small Causes at Bengaluru. 2. The facts are not in dispute regarding the accident caused and death of Sri.Shivarudraiah, the husband of appellant No.1 in MFA No.2330/2016 who was aged about 62 years at the time of death. The rider-cum-owner of the offending motor cycle bearing No.KA-02-HS-9383 was under heavy influence of alcohol inasmuch as his alcohol percentage was found 83.39 mg of per 100ml blood. 3. As the insurance company under the contract of insurance was not liable to pay any compensation if an accident was caused because of the rider being under the influence of intoxicating liquor or drugs as provided in clause (b) of the Insurance Policy of application of limits of indemnity, the Tribunal has rightly not fastened any liability on the insurance company, and the rider cum owner of the offending motor cycle has been held liable to pay the compensation. We, therefore, - 6 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 do not find any error committed by the Tribunal so far as fastening the liability on the rider cum owner of the offending motor cycle is concerned. 4. So far as question of quantum of compensation is concerned, the Tribunal has taken the notional income of the deceased as Rs.12,000/- without there being any basis. In paragraph 45 of the impugned judgment, the Tribunal itself has recorded that on the basis of the evidence produced by the claimants that commission amount paid to the deceased was between Rs.6,000/- and Rs.9,640/-. As such, there is no basis for taking the commission amount for income of the deceased at Rs.12,000/- p.m. Therefore, we take the income of the deceased as Rs.9,640/- and thus, the compensation awarded to the claimants is reassessed as under: SL. NO. Particulars Amount in Rs. 1. Loss of dependency (Rs.9640X12X2/3X7) 5,39,840 2. Loss of Consortium (Rs.48,400X4) 1,93,600 3. Conventional head 36,300 Total 7,69,740 - 7 - HC-KAR NC: 2025:KHC:40030-DB MFA No. 2300 of 2016 C/W MFA No. 5820 of 2016 6. The claimants are entitled for the modified compensation along with interest at the rate 6% p.a. from the date of filing of the claim petition till the payment made to them in pursuance of the modified award. 7. Thus, we partly-allow the appeal filed by the owner of the offending vehicle and reject the appeal filed by the claimants. 8. Draw modified award accordingly. Amount in deposit to be remitted to the Tribunal. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 32