- 1 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7912 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2774 OF 2023 (MV-D) IN MFA No. 7912/2022 BETWEEN: THE ORIENTAL INSURANCE COMPANY LTD., NO.2023, HIGH 3RD PHASE, YELAHANKA NEW TOWN BANGLAORE-560 064 REPRESENTED BY REGIONAL OFFICE LEO SHOPPING COMPLEX, 44/45, RESIDENCY ROAD, BANGALORE-560 025 BY ITS DULY CONSTITUTED ATTORNEY …APPELLANT (BY SRI. RAVISHANKAR C.R., ADVOCATE) AND: 1. SRI R.GOPAL AGED ABOUT 63 YEARS, S/O SRI RAMAIAH 2. SMT.RENUKAMMA M., AGED 50 YEARS, W/O SRI R.GOPAL BOTH ARE R/AT NO.313, 1ST MAIN ROAD, SURADENAPURA GATE, ARADESHANAHALLI POST, VILLAGE, HESARAGHATTA POST, BANGALORE NORTH TALUK, BANGALORE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 3. SMT.A.SUMITHA W/O SRI.CHENNAKESHAVA NO.1327, 11TH MAIN ROAD, JUDICIAL LAYOUT, GKVK, YELAHANKA, BANGALORE-560 064 …RESPONDENTS (BY SRI. SHANTHARAJ K., ADVOCATE FOR R1 & R2 V/O/DATED: 19/02/2025- SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2022 PASSED IN MVC NO.4666/2012 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU SCCH-22 AWARDING COMPENSATION OF RS.14,75,800/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 2774/2023 BETWEEN: 1. R.GOPAL S/O RAMAIAH, AGED ABOUT 64 YEARS, 2. RENUKAMMA M., W/O GOPAL AGED ABOUT 51 YEARS, BOTH ARE RESIDING AT 313, 1ST MAIN, SURADENUPURA GATE, ARADESHANAHALLI VILLAGE, HESARAGHATTA POST, BENGALURU NORTH -562 110 ...APPELLANTS (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. THE ORIENTAL INS. CO. LTD BY ITS MANAGER, NO 2023, HIG 3RD PHASE, YELAHANKA NEW TOWN, - 3 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 BENGALURU -560 064 2. A.SUMITHA W/O CHANNAKESHAVA, AGED MAJOR, RESIDING AT NO.1327, 11TH MAIN, JUDICIAL LAYOUT, GKVK, YELAHANKA, BENGALURU -560 064 ...RESPONDENTS (BY SRI.RAVISHANKAR C.R., ADVOCATE FOR R1 V/O/DATED: 12.07.2023- NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2022 PASSED IN MVC NO. 4666/2012 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MACT, BENGALURU (SCCH-22), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, 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.4666/2012 dated 06.08.2022, by the XX Addl. Small Causes Judge & ACMM, Bengaluru, both the insurance company as well as the claimants are before this court. The insurance company’s appeal is MFA.No.7912/2022 and the claimant’s appeal is MFA.No.2774/2023. - 4 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 2. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimant that on 31.03.2012 at about 01.45 p.m when the deceased was driving his vehicle very carefully and cautiously on the left side of the road, when he was about to cross the road after the clear green signal for him to move, all of a sudden one tipper lorry driven by his driver came in a rash and negligent manner by jumping the traffic red signal and hit the motorcycle. As a result of it, he sustained grievous injuries and he immediately was shifted to the hospital wherein he took treatment and later he succumbed to the injuries. The Tribunal has held that the accident had taken place because of the rash and negligent driving of the driver of the tipper lorry and granted the compensation. When it comes to the income, according to the claimant’s, the deceased was working as an electrician at LG company and was earning a sum of Rs.8,500/- per month and he was also working as a private electrician and was earning a sum of Rs. 10,000/-, so his total income is Rs.18,500/-. The Tribunal has taken the income at Rs.9,000/- and granted the compensation as per the table given below: - 5 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 Sl. No. Heads Compensation Awarded 1. Towards Loss of Income : Rs. 13,60,800/- 2. Funeral Expenses : Rs. 20,000/- 3. Towards Consortium : Rs. 80,000/- 4. Loss of estate : Rs. 15,000/- TOTAL : Rs. 14,75,800/- 3. Learned counsel appearing for the insurance company submits that the driver of the tipper lorry who was charge sheeted was acquitted in the criminal case. In the sketch as stated by PW-1 there was no signal light which clearly supports the case of the insurance company that there is contributory negligence on the part of the deceased. This aspect was not considered by the Tribunal. It is submitted that this accident had taken place in the year 2012 and the Tribunal had taken the income at Rs.9,000/- which is on the higher side. 4. Learned counsel appearing for the claimant submits that the Tribunal rightly held that the accident had happened because of the rash and negligent driving of the driver of the offending vehicle and further when it comes to the compensation, it is submitted that as he is a electrician and skilled worker, income ought to have been taken at Rs.18,500/- and it is submitted by the learned counsel that they shall not - 6 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 deduct 50% and as they lost the family member, 100% income has to be taken for computing the loss of dependency. It is submitted that the amount of compensation that is awarded by the Tribunal is not just and reasonable and that needs to be enhanced. 5. Having heard the learned counsels on either side, perused the materials on record. First, coming to the contention of the insurance company that there is contributory negligence on the part of the deceased, this Court is not able to appreciate the said submission for the reason that the claimants have already examined PW-1, who was travelling along with the deceased, who has categorically stated about how the incident had happened and the charge sheet is also filed against the driver of the tipper lorry. However mere acquittal of the accused in a criminal case on the ground that charges could not be proved beyond reasonable doubt cannot be ground for this court to say that there is no negligence and on prepondence of probability the claimant has to prove that there is negligence and it is the sole negligence of the driver of the tipper lorry, the accident has happened. In view of the - 7 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 same, this court is not able to appreciate the submission of the insurance company. 6. Then coming to the compensation, the accident had occurred in the year 2012 and it is the case of the deceased that he was working as an electrician and there is no evidence on the record. In that view of the matter as per the table, this Court is taking income at Rs.7,000/-, the future prospects at 40% will come to Rs.2,800/- and comes to an amount of Rs. 9,800/-. As he is bachelor 50% has to be deducted towards the personal expenses comes to Rs.4,900/-. Under the head of loss of income this court is granting an amount of Rs.10,58,400/- (Rs.4,900/-x12x18=Rs.10,58,400/-).Towards loss of consortium this court is granting an amount of Rs.88,000/- and towards funeral expenses this court is granting an amount of Rs.36,000/- is granted by this Court. 77. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. - 8 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 8. Altogether the claimant is entitled for compensation for an amount of Rs.11,92,400/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards Loss of Income Rs. 13,60,800/- 10,58,400/- 2. Towards loss of Consortium Rs. 80,000/- 88,000/- 3. Funeral Expenses Rs. 20,000/- 36,000/- 4. Loss of estate Rs. 15,000/- 00/- 5. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 14,75,800/- 11,92,400/- i. Accordingly, the appeal filed by the Insurance company MFA.No.7912/2022 is Partly Allowed by reducing the compensation from an amount of Rs.14,75,800/- to Rs.11,92,400/-. The appeal of the claimant is MFA.No.2774/2023 is dismissed. ii. The amount in deposit shall be forthwith transferred to the tribunal. iii. If any excess amount is deposited, the insurance company is at liberty to withdraw the amount. - 9 - HC-KAR NC: 2025:KHC:36393 MFA No. 7912 of 2022 C/W MFA No. 2774 of 2023 iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 27