- 1 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1522 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 8987 OF 2019 (MV-D) IN MFA No. 1522/2022 BETWEEN: 1. SRI ABBAS ABDULKANI @ APPAS ABDULKANI S/O ABDULKANI AGED ABOUT 59 YEARS 2. SMT BABIYA BEGUM ABBAS W/O ABBAS ABDULKANI @ APPAS ABDULKANI AGED ABOUT 53 YEARS BOTH ARE R/AT NO.41 NEW AGRAHARA STREET ERODE, TAMILNADU-638001 …APPELLANTS (BY SRI. K.T.GURUDEV PRASAD, ADVOCATE) AND: 1. THE MANAGER M/S. ORIENTAL INSURANCE CO., LTD., NO.44/45, LEO COMPLEX - 2 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 RESIDENCY ROAD CROSS BENGALURU-560001 2. MR. JAYA TRAVELS AND HOSPITALITY PVT. LTD., NO.320, 7TH 'C' MAIN 1ST BLCOK, HRBR LAYOUT BANASWADI KALYANNAGAR BENGALURU-560043 …RESPONDENTS (BY SRI.C.R.RAVISHANKAR, ADVOCATE FOR R1 V/O/DT: 22.8.2022, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2019 PASSED IN MVC NO. 7096/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T. MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8987/2019 BETWEEN: 1. THE ORIENTAL INSURANCE CO., LTD., MOTOR CLAIMS HUB NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE - 560 025. REPRESENTED BY ITS MANAGER ...APPELLANT (BY SRI. C.R.RAVISHANKAR, ADVOCATE) AND: 1. SRI. ABBAS ABDULKANI @ APPAS ABDULKANI AGED ABOUT 55 YEARS, S/O SRI SABDULKANI, - 3 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 2. SMT.BABIYA BEGUM ABBAS AGED ABOUT 51 YEARS, W/O SRI ABBAS ABDULKANI @ APPAS ABDULKANI BOTH ARE RESIDING AT NO.41, NEW AGRAHARA STREET, ERODE, TAMILNADU-638001. 3. M/S. JAYA TRAVELS AND HOSPITALITY PVT LTD NO.320, 7TH 'C' MAIN ROAD, 1ST BLOCK, HRBR LAYOUT, BANASWADI, KALYAN NAGAR, BANGALORE-560043 ...RESPONDENTS (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE FOR R1 AND R2 V/O/DT: 04.12.2024, NOTICE TO R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.26.09.2019 PASSED IN MVC NO. 7096/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-19), AWARDING COMPENSATION OF RS.48,70,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THESE APPEALS, COMING ON FOR ADMISSSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Both appeals have been filed one by the appellants and another by the insurance company impugning the judgment and award dated 26.09.2019 passed by XV Additional Small Causes Judge and XXIII A.C.M.M., Member, M.A.C.T., Mayo Hall Unit, Bengaluru. 2. The facts are not in dispute that the deceased A.Abdul Rahim Abbas, aged around 27 years, died on a road accident on 14.11.2018 while he was riding a motorcycle bearing registration No.TN-86/2018. 3. The deceased had the qualification of Master in Business Administration, and he was employed with Standard Chartered Scope International Company. The pay slips of the deceased were produced before the Tribunal as Exhibits P19 to P24. The pay slip of the month of October of the deceased would disclose that the deceased was drawing the salary of Rs.33,199/-. The deceased was unmarried. The Tribunal, therefore, after giving 40% future prospects at the present - 5 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 salary, deducted 50% towards the personal expenses and computed the compensation as under: Sl. No. Under the Heads of Amount 1. Loss of dependency Rs. 47,60,000-00 2. Towards Filial Consortium Rs. 80,000-00 3. Towards funeral and obsequies ceremonies Rs. 15,000-00 4. Towards loss of estate Rs. 15,000-00 Total Rs. 48,70,000-00 4. Mr. K.T.Gurudev Prasad, learned counsel for the appellants, in MFA No.1522/2022, submits that the Tribunal has taken the income of the deceased at lower side, which should have been Rs.45,000/- per month. He further submits that the Tribunal should have given future prospect at the rate of 50%. Except these two submissions for enhancement, no other submission has been advanced on behalf of the appellants. 5. We have perused the evidence regarding the income of the deceased. In fact, the salary slips in Exhibits P19 to 24 would suggest that the deceased had drawn the salary from Rs.28,000/- to Rs.33,199/-. The salary drawn in the - 6 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 month of October that is in the preceding month of the accident was Rs.33,199/-. Therefore, the Tribunal has correctly assessed the annual income of the deceased at the rate of Rs.4,00,000/- per year. 6. There is no evidence to suggest that the deceased was drawing the salary of Rs.45,000/- per month as submitted by Mr. K.T.Gurudev Prasad, learned counsel for the appellants in MFA No.1522/2022. 7. The deceased was in private employment and he was not in Government or Central Government employment. Therefore, the Tribunal has rightly granted future prospects at the rate of 50% and the claimants are not entitled for compensation of future prospects at the rate of 50% of the deceased income. 8. Thus, we do not find that there is any error in the impugned award, which requires interference by this Court. 9. Accordingly, both appeals are dismissed. - 7 - HC-KAR NC: 2025:KHC:53923-DB MFA No. 1522 of 2022 C/W MFA No. 8987 of 2019 10. Amount, if any, deposited for maintaining the appeal by the insurance company before this Court should be remitted to the Tribunal in accordance with the award. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDG VM List No.: 1 Sl No.: 23 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA