- 1 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1449 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3789 OF 2024 (MV-D) IN MFA No. 1449/2024 BETWEEN: THE MANAGER M/S. RELIANCE GENERAL INSURANCE COMPANY LIMITED, 4TH FLOOR, CHINTAMANI AVENUE, NEXT TO VIRVANI INDUSTRIAL ESTATE, W EXPRESS HIGH WAY, GOREGAON EAST, MUMBAI - 400 063 REPRESENTED BY THE BRANCH MANAGER, M/S. RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KRUTHIKA ARCADE, MP AND SAS IX 0329331 NEAR N.R. CIRCLE, HOLENARASIPURA, HASSAN - 573 201. ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO. 28, 5TH FLOOR, SOUTHERN PORTION, EAST WING, CENTURY BUILDING, M.G. ROAD, BENGALURU - 560 001 REPRESENTED BY MANAGER LEGAL. …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 AND: 1. SRI. SYED SADATH S/O LATE MAHBOOB SAB, AGED ABOUT 40 YEARS, RESIDENT OF 2ND CROSS, BABASAB COLONY, ARSIKERE TOWN, HASSAN DISTRICT - 573 103. 2. MASTER RIHAN S/O SYED SADATH, AGED ABOUT 15 YEARS, 3. KUMARI TASMIYA D/O SYED SADATH, AGED ABOUT 12 YEARS, CLAIMANT NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN FATHER CLAIMANT NO.1 4. SMT. AJEEMBABEE W/O LATE MAHABOOB SAB, AGED ABOUT 56 YEARS, RESIDENT OF 2ND CROSS, BABASAB COLONY, ARSIKERE TOWN - 573 103 HASSAN DISTRICT. 5. SRI. YATISH KUMAR S/O DHANANJAYA, AGED ABOUT 25 YEARS, RESIDENT OF KURUBARAHALLI VILLAGE, - 3 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 MACHENAHALLI POST, LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 102. 6. SRI. HAYAD SHARIFF J S/O JAFAR SHARIFF, AGED ABOUT 32 YEARS, RESIDENT OF JODILINGADAHALLI VILLAGE, S BIDARE POST, SAKHARAYAPATNA HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 146. 7. SRI. SAIYAD RAFIK S/O SAIYAD MAHABUB, AGED ABOUT 35 YEARS, RESIDENT OF MACHENAHALLI VILLAGE AND POST, LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 168. 8. SRI. PARAMESH S/O CHIKKAIAH, AGED ABOUT 37 YEARS, RESIDENT OF THOTADAMAKKI VILLAGE, MALLANDURU POST, AVATHI HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101. 9. THE MANAGER M/S. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, IFFCO SADAN, C1 DISTRICT CENTRE, SAKET, NEW DELHI - 110 017 REPRESENTED BY BRANCH MANAGER, M/S IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, SHASHIKIRAN BUILDING, 1ST FLOOR, - 4 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 SHANKARMUTT ROAD, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1 TO R4 (R2 AND R3 MINORS REPRESNTED BY R1); SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R9 R5, R6, R7 - SERVED; VIDE ORDER DATED 29.07.2024, NOTICE TO R8 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2023 PASSED IN MVC NO.315/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.32,49,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF ENTIRE AMOUNT. IN MFA NO. 3789/2024 BETWEEN: 1. SRI. SYED SADATH S/O LATE MAHBOOB SAB, AGED ABOUT 40 YEARS, RESIDENT OF 2ND CROSS, BABASAB COLONY, ARSIKERE TOWN, HASSAN DISTRICT - 573 103. 2. MASTER RIHAN S/O SYED SADATH, AGED ABOUT 15 YEARS, 3. KUMARI TASMIYA D/O SYED SADATH, - 5 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 AGED ABOUT 12 YEARS, APPELLANTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN FATHER i.e. APPELLANT NO.1 4. SMT. AJEEMBABEE W/O LATE MAHABOOB SAB, AGED ABOUT 56 YEARS, RESIDENT OF 2ND CROSS, BABASAB COLONY, ARSIKERE TOWN - 573 103 HASSAN DISTRICT. ...APPELLANTS (BY SRI. GIRISH B. BALADARE.,ADVOCATE) AND: 1. THE MANAGER M/S. RELIANCE GENERAL INSURANCE COMPANY LIMITED, 4TH FLOOR, CHINTAMANI AVENUE, NEXT TO VIRVANI INDUSTRIAL ESTATE, W EXPRESS HIGH WAY, GOREGAON EAST, MUMBAI - 400 063 REPRESENTED BY THE BRANCH MANAGER, M/S. RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KRUTHIKA ARCADE, MP AND SAS IX 0329331 NEAR N.R. CIRCLE, HOLENARASIPURA, HASSAN - 573 201. - 6 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 2. SRI YATISH KUMAR S/O DHANANJAYA AGED ABOUT 25 YEARS R/O KURBARAHALLI VILLAGE MACHENHALLI POST , LAKYA HOBLI CHIKKAMAGALURU TALUK AND DISTRICT - 577 102. 3. SRI. HAYAD SHARIFF J AGED ABOUT 32 YEARS S/O JAFAR SHARIFF R/O JODILINGADAHALLI VILLAGE, S BIDARE POST, SAKHARAYAPATNA HOBLI KADUR TALUK CHIKKAMAGALURU DISTRICT - 577 101. 4. SRI. SAIYAD RAFIQ S/O SAIYED MAHABUB AGED ABOUT 35 YEARS R/O MACHENAHALLI VILLAGE AND POST LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 146. 5. SRI. PARAMESH S/O CHIKKAIAH AGED ABOUT 37 YEARS R/O TOTADAMAKKI VILLAGE MALLANDURU POST, AVATHI HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101. 6. THE MANAGER M/S IFFCO TOKIO GENERAL INS CO. LTD., IFFCO SADAN C1 DIST CENTRE, SAKET NEW DELHI - 110 017 REPT. BY BRANCH MANAGER - 7 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 M/S. IFFCO TOKIO GENERAL INS. CO. LTD., SHASHIKIRAN BUILDING, 1ST FLOOR SHANKARMUTT ROAD, SHIVAMOGGA - 577 201. ...RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R1; SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R6 VIDE ORDER DATED 22.08.2024, NOTICE TO R2 TO R5 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.09.2023 PASSED IN MVC NO.315/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, CHIKKMAGALURU, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT IN MFA NO.1449/2024 This appeal is filed by the insurance company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 08.09.2023 passed in MVC - 8 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 No.315/2022 on the file of the I Additional Senior Civil Judge and JMFC, MACT, Chikkamagaluru. 2. Heard the arguments of learned counsel for the appellant and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. Brief facts of the case are that, one Mamthaj W/o Syed Sadath, met with an accident on 27.03.2022 and died subsequently. Her husband, two children and mother-in-law filed claim application claiming compensation of Rs.50,00,000/-.The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.32,49,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. 4. Being aggrieved by the said order, the Insurance Company preferred MFA No.1449/2024, contending that on 27.03.2022, at about 11:00 a.m., - 9 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 Mamthaj was proceeding as a pillion rider on a motorcycle bearing registration No.KA-25-S-4665, along with her brother/Shek Jabbar @ Jabber, who was riding the motorcycle. At that time, the driver of the Jeeto Light Goods Vehicle bearing registration No.KA-46-7908, coming from the opposite direction in a rash and negligent manner, lost control of the vehicle and dashed against the motorcycle. As a result, Mamthaj sustained grievous injuries and succumbed to the same. 5. Learned counsel for the appellant contended that Mumthaj did not wear headgear and as such, sustained head injuries. The rider of the motorcycle was also equally negligent in causing the accident. The compensation awarded is on the higher side and the amounts granted under the conventional heads are excessive. Therefore, requested for reduction of the compensation. The Tribunal erred in granting interest on the component of future prospects, which is not permissible in view of the judgment in Nasima Begum - 10 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 Vs. Keramat Ali and Others in MAC App-100/2014 (Gauhati High Court). Accordingly, requested for modification of the impugned order. IN MFA NO.3789/2024 6. MFA No.3789/2024 is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 08.09.2023 passed in MVC No.315/2022 on the file of the I Additional Senior Civil Judge and JMFC, MACT, Chikkamagaluru, for enhancement of the compensation. 7. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. 8. Brief facts of the case are that, one Mamthaj W/o Syed Sadath, met with an accident on 27.03.2022 and died subsequently. Her husband, two children and mother-in-law filed claim application claiming - 11 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 compensation of Rs.50,00,000/-.The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.32,49,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Being aggrieved by the said order, the claimants preferred this appeal and mainly contended that the Tribunal has not granted any amount under the head of loss of love and affection and the amount awarded towards funeral expenses is meagre. Mamthaj, was aged 33 years and the compensation awarded towards loss of dependency is on the lower side. The amounts granted under the heads of loss of estate and filial consortium are also inadequate. Therefore, requested for modification of the order. 9. It was stated that the Mamthaj was working in the hospital at Arasikere and earning more than Rs.30,000/- per month. But the claimants have not filed any income proof. As she met with an accident in the year 2022, this Court finds it reasonable to take her notional - 12 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 income as Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The Mamthaj was aged 33 years and the applicable multiplier is ‘16’. She is entitled to 40% towards future prospects. The claimants are her husband, two children and mother-in-law. But the mother-in-law is not dependent on the deceased. Therefore, 1/3rd of the income is to be deducted towards personal expenses. Accordingly, the loss of dependency comes to Rs.27,77,600/- (15,500 + 40% × 12 × 16 - 1/3rd). Petitioner No.1 is entitled to Rs.44,000/- towards spousal consortium. Petitioner Nos.2 and 3 are each entitled to Rs.44,000/- towards parental consortium. The claimants are also entitled to Rs.33,000/- under the conventional heads. 10. Thus in all, compensation awarded by this Court is as below: - 13 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 11. Hence, the compensation granted by the Tribunal is reduced from Rs.32,49,000/- to Rs.29,42,600/-. 12. In the result, the following order is passed: ORDER i. MFA No.1449/2024 is allowed in part. ii. MFA No.3789/2024 is dismissed. iii. The petitioners are not entitled for the interest on the future prospectus. iv. The Insurance Company has filed the appeal contending that there was contributory negligence on the part of the Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 27,77,600/- 2 Towards spousal consortium 44,000/- 3. Towards parental consortium (Rs.44,000/- each to petitioner Nos.2 and 3) 88,000/- 4 Towards conventional heads 33,000/- Total 29,42,600/- - 14 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 deceased/pillion rider, as she was not wearing a helmet. But even if it is presumed that she was not wearing a helmet and sustained head injuries and died on the spot, she is liable to pay a fine for not wearing a helmet. On that ground, contributory negligence cannot be fixed. Moreover, she was only a pillion rider and not the rider of the vehicle. Therefore, the argument of the Insurance Company cannot be accepted. v. The insurance company is directed to deposit Rs.29,42,600/- with interest at the rate of 6% p.a. within one month from the date of this order. vi. On such deposit, a sum of Rs.7,00,000/- each shall be kept in the names of petitioner Nos.2 and 3 respectively, in fixed - 15 - HC-KAR NC: 2026:KHC:22032 MFA No. 1449 of 2024 C/W MFA No. 3789 of 2024 deposits in any nationalized bank, until they attain the age of majority. vii. Petitioner No.1 is entitled to the balance amount and is permitted to withdraw the same along with interest accrued on it. viii. The amount in deposit is transferred to MACT. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 72