- 1 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.3697 OF 2025(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.3526 OF 2025(MV-D) IN MFA No. 3697/2025 BETWEEN: 1. M K SHANTHA KUMAR, S/O K. KARUPPU SWAMY, AGED ABOUT 51 YEARS, R/AT NO. 50/4, 7TH CROSS, VASANTHNAGAR @ POST, BENGALURU NORTH, BENGALURU GPO, BENGALURU-560001. 2. M. MARIYAMMAL W/O K. SHANTHA KUMAR, AGED ABOUT 45 YEARS, NO.3/59, B-3/121, TIRUMALAPURAM VILLAGE, RAMANATHAPURAM POST, TIRUNEVELI DISTRICT, TAMIL NADU-627760. 3. S. PRAVEEN S/O K. SHANTHAKUMAR, AGED ABOUT 25 YEARS, NO.3/59, B-3/121, TIRUMALAPURAM VILLAGE, RAMANATHAPURAM POST, TIRUNEVELI DISTRICT, TAMIL NADU-627760. …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 AND: 1. AUGUSTIN NIROSH, S/O KANTHARAJU M., MAJOR, (SINCE THE RC OWNER R-1 DEAD HENCE, REPRESENTED BY HIS LRS MOTHER LOURD MARY) LOURD MARY, W/O LATE. KANTHARAJU, NO.275, 4TH CROSS, ST. ANTONY ROAD, MARRIYANNA PALYA, BENGALURU-560024. 2. THE REGIONAL MANAGER, UNITED INDIA INS., CO. LTD., REGIONAL OFFICE, 5TH FLOOR KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU …RESPONDENTS (V/O/DATED 30.07.2025 NOTICE TO R1 IS D/W BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2;) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.01.2025 PASSED IN MVC NO.6436/2023 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, BENGALURU SCCH-17, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 IN MFA NO. 3526/2025 BETWEEN: 1. DAREDDY RAMREDDY S/O DAREDDY VENKATA RAMREDDY, AGED ABOUT 61 YEARS KETIREDDY PALLY, MOINABAD, KEHIREDDIPALLY, KETHIREDDIPALLI, K.V. RANGAREDDY, ANDHRA PRADESH-501 504. 2. DAREDDY ARUNA W/O DAREDDY RAM REDDY, AGED ABOUT 55 YEARS, KETIREDDY PALLY, MOINABAD, KEHIREDDIPALLY, KETHIREDDIPALLI, K.V. RANGAREDDY, ANDHRA PRADESH-501 504. 3. DAREDDY JAYANTHI D/O DAREDDY RAM REDDY, AGED ABOUT 35 YEARS, KETIREDDY PALLY, MOINABAD, KEHIREDDIPALLY, KETHIREDDIPALLI, K.V. RANGAREDDY, ANDHRA PRADESH-501 504. ...APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. AUGUSTIN NIROSH SINCE THE RC OWNER R-1 DEAD HENCE, REPRESENTED - 4 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 BY HIS LRS MOTHER LOURD MARY) 1(A). LOURD MARY, W/O LATE. KANTHARAJU, NO.275, 4TH CROSS, ST. ANTONY ROAD, MARRIYANNA PALYA, BENGALURU-560024. 2. THE REGIONAL MANAGER, UNITED INDIA INS., CO. LTD., REGIONAL OFFICE, 5TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE BENGALURU. ...RESPONDENTS (V/O/DATED 28.10.2025 NOTICE TO R1 IS D/W BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2;) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.01.2025 PASSED IN MVC NO.6437/2023 ON THE FILE OF THE XIX ADDITIONAL JUDGE AND MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH- 17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.6436/2023 and 6437/2023 dated 08.01.2025 by the XIX Addl. Judge, Court of Small Causes and ACJM, Bengaluru, the claimants are before this Court by filing MFA.No.3697/2025 and 3526/2025 seeking enhancement of the compensation. 2. By way of a common judgment dated 08.01.2025 by the XIX Addl. Judge, Court of Small Causes and ACJM, Bengaluru had disposed of the two MVC petitions. Hence, this Court is also passing a common order. MFA.No.3697/2025 ARISING OUT OF MVC.No.6436/2023 3. The Tribunal had granted compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of dependency Rs. 27,13,668/- 2. Loss of future prospects Rs. 10,85,467/- 3. Love and affection Rs. 50,000/- 4. Loss of consortium Rs. 44,000/- 5. Funeral expenses Rs. 16,500/- 6. Transportation of dead body Rs. 16,500/- Total Rs. 39,26,135/- - 6 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 MFA.No.3526/2025 ARISING OUT OF MVC.No.6437/2023 4. The Tribunal had granted compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of dependency Rs. 52,57,539/- 2. Loss of future prospects Rs. 21,03,016/- 3. Love and affection Rs. 50,000/- 4. Loss of consortium Rs. 44,000/- 5. Funeral expenses Rs. 16,500/- 6. Transportation of dead body Rs. 16,500/- Total Rs. 74,87,555/- 5. Learned counsel appearing for the claimants submits that the Tribunal had not granted the interest on the future prospects. It is further submitted that not granting interest on future prospects is bad and secondly, as both the deceased were in settled job, 50% ought to been taken as future prospects. 6. Learned counsel appearing for the Insurance Company submits that it is not a Government job and it cannot be considered as a permanent employment and the Tribunal had rightly taken 40% future prospects. It is submitted that - 7 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 under all other counts, the compensation that is granted by the Tribunal is just and reasonable and no interference is called for. 7. Having heard the learned counsels on either side, perused the material on record. The observation of the Tribunal that the future prospects would not fetch any interest is without any basis and it is contrary to the settled law. Hence, it is held that the amount would fetch the interest. Secondly, the contention with regard to the future prospects have to be taken at 50% as it is a permanent job, this Court is not able to appreciate the said contention and the Tribunal had rightly taken the future prospects at 40%. 8. Accordingly, the MFA.Nos.3697/2025 and 3526/2025 filed by the claimants are partly allowed holding that the future prospects would fetch the interest. i) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. - 8 - HC-KAR NC: 2025:KHC:46263 MFA No. 3697 of 2025 C/W MFA No. 3526 of 2025 iii) 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 claimant is entitled to withdraw the amount as per the award. iv) The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 94