- 1 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.7956 OF 2025(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.7654 OF 2025(MV-D) IN MFA No. 7956/2025 BETWEEN: 1. SMT. NINGAMMA W/O LATE. DURAGAPPA, AGED ABOUT 31 YEARS, 2. DURGAMMA D/O LATE. DURAGAPPA, AGED ABOUT 11 YEARS, 3. MASTER KRISHNA D/O LATE. DURAGAPPA, AGED ABOUT 10 YEARS, 4. MASTER PRASHANTH S/O LATE. DURAGAPPA, AGED ABOUT 8 YEARS, SINCE THE APPELLANTS NO.2, 3, & 4 ARE MINORS REP BY THEIR MOTHER AND NATURAL GUARDIAN SMT. NINGAMMA THE APPELLANT NO.1 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 5. SMT AMARAMMA D/O LATE CHANNAMMA M/O LATE DURGAPPA AGED 63 YEARS ALL ARE RESIDING AT BILISHIVALAYA VILLAGE, OPP. TO KANAKANNA'S HOUSE, KOTHANUR POST, BENGALURU DISTRICT- 560077. PERMANENT ADDRESS NO.65, VEERGOT, CHINCHODI POST, DEVADURGA TALUK, RAICHUR DISTRICT-584 116. …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. M/S EVEREST FLEET PVT LTD NO.1, RAJIVGANDHI NAGARA, GROUND AND 2ND FLOOR, INDUSTRIAL AREA, OPP. ANAND HONDA, SERVICE CENTER, HSR LAYOUT, SECTOR-7, 20TH CROSS, BOMMANAHALLI, BENGALURU- 560068 REP BY OWNER (OWNER OF CAR BEARING REG. NO. KA-05-AN-0147). 2. THE MANAGER, THE RELIANCE GEN. INS. CO. LTD., NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, - 3 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 M.G.ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA., ADVOCATE FOR R2 NOTICE TO R1 IS D/W V/O DT. 04/11/2025) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 11.07.2025 PASSED IN MVC NO. 6389/2024 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7654/2025 BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., NO 28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G.ROAD, BENGALURU-560001. ...APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SMT. NINGAMMA W/O LATE DURAGAPPA AGED ABOUT 31 YEARS. 2. DURGAMMA D/O LATE DURAGAPPA, AGED ABOUT 11 YEARS. 3. MASTER KRISHNA S/O LATE DURAGAPPA, AGED ABOUT 10 YEARS. - 4 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 4. MATER PRASHANTH, S/O LATE DURAGAPPA, AGED ABOUT 8 YEARS 5. SMT. AMARAMMA D/O LATE CHANNAMMA, M/O LATE DURAGAPPA, AGED ABOUT 63 YEARS SINCE THE RESPONDENT NO. 2 TO 4 ARE MINOR AND REPT BY MOTHER AND 1ST RESPONDENT ALL ARE R/O BILISSHIVALAYA VILLAGE, OPP TO KANAKANNA'S HOUSE, KOTHANUR POST, BENGALURU DISTRICT-560077. PERMANENT ADDRESS- NO. 65, VEERGOT CHINCHODI POST, DEVADURGA TALUK, RAICHUR DISTRICT-584116. 6. M/S EVEREST FLEET PVT LTD, NO 1, REJIVGANDHI NAGARA, GROUND AND 2ND FLOOR, INDUSTRIAL AREA, OPP TO ANAND HONDA SERVICE CENTER, HSR LAYOUT, SECTOR 7, 20TH CROSS, BOMMANAHALLI, BENGALURU-560068. ...RESPONDENTS (BY SRI. K.V. NAIK., ADVOCATE FOR R1 TO R5 NOTICE TO R6 D/W V/O DATED 07/11/2025) - 5 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2025 PASSED IN MVC NO. 6389/2024 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, AWARDING COMPENSATION OF RS.37,16,631/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR 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.6389/2024 dated 11.07.2025 by IX Addl. Small Causes Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Bengaluru, both the Insurance Company as well the claimants are before this Court. The claimants' appeal is MFA No.7956/2025 and the Insurance company's appeal is MFA No.7654/2025. 2. The claim petition was filed seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased in the accident. The Tribunal has awarded the compensation as per the Table given below: - 6 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 Sl. No. Compensation under different heads Amount in (Rs.) 1. Loss of dependency 31,75,296.00 2. Funeral Expenses 19,000.00 3. Loss of Estate 19,000.00 4. Loss of filial consortium 2,53,335.00 5. Loss of love and affection 2,50,000.00 TOTAL 37,16,631.00 3. The learned Counsel appearing for the claimants submits that when the accident had taken place in the year 2024, the Tribunal ought to have taken the income of the deceased at Rs.16,500/-, instead of that, the Tribunal has taken Rs.15,750/- as the income and granted the compensation. It is submitted that on all the grounds the compensation needs to be enhanced. 4. Learned Counsel appearing for the Insurance Company submits that the Insurance Company is aggrieved as far as the compensation that is awarded under the heads of 'Loss of filial consortium', 'Loss of love and affection'. It is submitted that the amount that is awarded is contrary to the settled law. As such, the same needs to be reduced. 5. Having heard the learned Counsel on either side, perused the material on record. Considering the fact that the - 7 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 accident had occurred in the year 2024, this Court is taking the income at Rs.16,500/-. As the deceased was aged about 34 years, future prospects at 40% comes to Rs.6,600/- (Rs.16500 x 40%) totalling Rs.23,100/- (Rs.16,500 + Rs.6,600). As there are 5 claimants, 1/4th has to be deducted towards personal expenses. If 1/4th is deducted, it would come to Rs.5,775/- per month (Rs.23,100 x 1/4). Then his contribution to the family would be Rs.17,325 under the head 'Loss of Dependency' the claimant is entitled to Rs.33,26,400/- (17,325 x 12 x 16). Towards 'Loss of Consortium' this Court is granting (Rs.44,000 x 5) an amount of Rs.2,20,000/- and towards Funeral expenses this Court is granting an amount of Rs.36,000/-. The claimants are not entitled for compensation under the heads Loss of Estate, and Loss of Love and Affection. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimants are entitled for an amount of Rs.10,000/- towards 'legal expenses'. 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 7. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 31,75,296/- 33,26,400/- 2. Funeral Expenses : Rs. 19,000/- 36,000/- 3. Loss of Estate : Rs. 19,000/- 00/- 4. Loss of filial consortium : Rs. 2,53,335/- 2,20,000/- 5. Loss of love and affection : Rs. 2,50,000/- 00/- 6. Legal expenses Rs. 10,000/- TOTAL Rs. 37,16,631/- 35,92,400/- Reduction Rs. 1,24,231/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.35,92,400/-. i) Accordingly the appeal filed by the Insurance Company i.e., MFA No.7654/2025 is partly allowed by reducing the compensation from an amount of Rs.37,16,631/- to Rs.35,92,400/-. ii) Accordingly, the appeal filed by the claimants i.e. MFA No.7956/2025 is dismissed. - 9 - HC-KAR NC: 2025:KHC:45118 MFA No. 7956 of 2025 C/W MFA No. 7654 of 2025 iii) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. iv) The 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 claimants are entitled to withdraw the amount as per the award. v) The amount in deposit shall be transferred to the Tribunal forthwith. vi) The apportionment of the amount shall be as per the order passed by the Tribunal. vii) 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. viii) No costs. ix) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE JT/-