- 1 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 9371 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 9754 OF 2017 (MV-D) IN MFA No. 9371/2017 BETWEEN: 1. SMT.K.S. SOWBHAGYAMMA @ BHAGYAMMA AGED ABOUT 9 YEARS, W/O G.E. JAYADEVAPPA 2. G.E. JAYADEVAPPA, AGED ABOUT 60 YEARS, S/O LATE ESWARAPPA 3. G.J. SURESH BABU, AGED ABOUT 29 YEARS, S/O G.E. JAYADEVAPPA 4. G.J. BHARATH, AGED ABOUT 25 YEARS, S/O G.E. JAYADEVAPPA ALL ARE R/AT GUTHINADU VILLAGE, CHITRADURGA TALUK AND DISTRICT 577501. …APPELLANTS (BY SRI. P.PRASAD., ADVOCATE) AND: Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 1. AUTO LOGISTICS INDIA LTD OWNER OF THE LORRY BEARING REG. NO.GJ-18-AX-9641, R/O AG47, SANJAY GANDHI TRANSPORT NAGAR, NEW DELHI 110042. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE AT P.B. ROAD, OPP: NANJUDESHWARA PETROL BUNK, CHITRADURGA TOWN 577501. …RESPONDENTS (BY SRI. A.N.KRISHNASWAMY, ADVOCATE FOR R2; NOTICE OF R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2017 PASSED IN MVC NO.710/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 9754/2017 BETWEEN: 1. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO LTD, BRANCH OFFICE P B ROAD, OPP:NANJUNDESHWARA PETROL BUNK, CHITRADURGA, NOW REPRESENTED BY ITS REGIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD., REGIONAL OFFICE, 2-B, UNITY BUILDING, ANNEXE, P.KALINGA RAO ROAD, BENGALURU-560027. ...APPELLANT (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: - 3 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 1. SMT K S SWABHAGYAMMA @ BHAGYAMMA, W/O G.E. JAYADEVAPPA, NOW AGED ABOUT 49 YEARS, 2. G E JAYADEVAPPA, S/O LATE ESHWARAPPA, AGED ABOUT 60 YEARS, BOTH ARE R/O GUTHINADU VILLAGE, CHITRADURGA TALUK & DISTRICT. 577501. 3. AUTO LOGISTICS INDIA LTD OWNER OF LORRY BEARING NO.GJ-189/AX-9641, R/O AG 47, SANJAY GANDHI TRANSPORT NAGAR, NEW DELHI-110042. ...RESPONDENTS (BY SRI. P PRASAD., ADVOCATE FOR R1 & R2; NOTICE OF R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.10.2017 PASSED IN MVC NO.710/2016 ON THE FILE OF THE C/C. II ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, CHITRADURGA, AWARDING COMPENSATION OF RS.38,77,900/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The MFA No.9371/2017 is filed by the claimants seeking to enhance the compensation awarded by the Tribunal vide impugned judgment and award dated - 4 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 30.10.2017 passed by II Additional Senior Civil Judge and Additional MACT. (for short 'the MACT'), Chitradurga, in MVC No.710/2016,. 2. The MFA No.9754/2017 is filed by the Insurance Company seeking reduction of the compensation awarded by the Tribunal and to set aside the above said impugned judgment and award. 3. The facts so far as the accident and the death of one G.J. Thippeswamy on 06.04.2016 at about 08.40 p.m., in the road accident is concerned, are not in dispute. 4. Sri A.N. Krishnaswamy, learned counsel appearing for the Insurance Company i.e., appellant in MFA No.9754/2017 has assailed the quantum of award on three grounds i.e., the Tribunal has deducted 1/3rd towards the personal expenses of the deceased, whereas the deceased was unmarried and therefore, the deduction should have been 1/2 of the monthly income along with future prospects. Secondly, without there being any proof - 5 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 of the income of the deceased, the Tribunal has taken the monthly income of the deceased at Rs.22,500/-. Thirdly, he has submitted that Tribunal has awarded the interest at the rate of 9% p.a., whereas the interest should have been awarded at the rate of 6% p.a. 5. The learned counsel for the appellants in MFA No.9731/2017 has however, submitted that the income of the deceased was much more than Rs.22,500/-. He further submits that compensation requires to be enhanced by taking the monthly income of the deceased at Rs.1,00,000/- per month. In support of his submission the learned counsel for the appellant has relied upon Exhibit P12 dated 06.06.2015. The author of the said document was not produced before the MACT. Even if we believe that the deceased was supplying 80 to 100 litres of milk, per day to the Co-operative Society, it would not amount to proof of income. - 6 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 6. The accident took place in the year 2016 and in absence of the clear proof in relation to income of the deceased, the notional income as provided in the Circular of the Karnataka Legal Services Authority should have been taken at Rs.9,500/-. There is no basis for taking the monthly income of the deceased at Rs.22,500/-. In view of the fact, that there was no cogent and credible evidence lead in, to support the monthly income of the deceased at Rs.22,500/-. We deem it appropriate to re-calculate the compensation by taking the monthly income of the deceased at Rs.9,500/- per month. 7. The 'loss of dependency' would come to Rs.13,56,600/- by adding 40% of the income towards his future prospects and deducting 50% of the income towards personal expenses since he was unmarried, and by adopting the multiplier '17', which is as follows :- Rs.9,500 + 40% x 12 x 1/2 17 = Rs.13,56,600/- - 7 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 8. Only the parents should be treated as dependents and therefore, towards 'loss of consortium' each parent is entitled for Rs.40,000/-, which would come to Rs.80,000/-. 9. For loss of estate and funeral expenses Rs.30,000/- is awarded. 10. Medical expenses on actual basis i.e., Rs.6,17,861/- awarded by the Tribunal, stands undisturbed. 11. Thus the total compensation payable would be Rs.20,84,461/-, which is as follows:- 1. Towards loss of dependency Rs.13,56,600-00 2. Towards Consortium (Rs.40,000/- x 2 =Rs.80,000/-) 80,000-00 3. Towards Loss estate and funeral 30,000-00 4. Towards Actual medical expenses 6,17,861-00 Total compensation payable Rs.20,84,461-00 12. In view of the aforesaid, we pass the following :- - 8 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 ORDER a. The MFA No.9371/2017 filed by the claimants is dismissed. b. The MFA No.9754/2017 filed by the Insurance Company is allowed. c. The impugned judgment and award dated 30.10.2017 passed by the II Additional Senior Civil Judge and Additional MACT, Chitradurga, in MVC No.710/2016 is modified. d. The amount of compensation awarded by the Tribunal is reduced from Rs.38,77,900/- to Rs.20,84,461/-. e. The rate of interest is reduced from 9% to 6% per annum from the date of filing of the claim petition till date of deposit made by the Insurance Company. f. The amount deposited before this Court by the Insurance Company, if any, to be remitted back to - 9 - HC-KAR NC: 2026:KHC:10369-DB MFA No. 9371 of 2017 C/W MFA No. 9754 of 2017 the concerned Tribunal for disbursement in terms of the award. g. The Insurance Company to deposit the balance amount, if any, within a period of 6 weeks. h. Excess amount if any, to be refunded to the Insurance Company. i. The trial court records to be remitted back to the concerned Tribunal along with a copy of this judgment. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG CT: SN List No.: 1 Sl No.: 20