- 1 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 3039 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 5681 OF 2022 (MV-D) IN MFA No. 3039/2022 BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LTD., EAST WING, 5TH FLOOR, NO.28, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001, NOW REPRESENTED BY MANAGER LEGAL. …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. GOVINDARAJU W/O. KAMBAIAH, AGED ABOUT 49 YEARS, 2. GANGABORAMMA W/O. GOVINDARAJU, AGED ABOUT 47 YEARS, 3. ASWATHAIAH K. G. S/O. GOVINDARAJU, AGED ABOUT 27 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 ALL ARE RESIDING AT KACHENAHALLI, KANAKUPEE POST, BEBBUR HOBLI, TUMKUR - 572 120. 4. GOVINDAPPA S/O MUDLAGIRIGOWDA, KACHENAHALLI, KANAKAKUPPE POST, HEBBUR POST, TUMKUR TALUK TUMKUR DISTRICT - 572 120. …RESPONDENTS (BY SRI. ARJUN R. KHOT, ADVOCATE; SRI. D.S. KUMARASWAMY, ADVOCATE FOR R4) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2021 PASSED IN MVC NO.197/2019 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, A.C.M.M, BENGALURU, AWARDING COMPENSATION OF RS. 29,16,346/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 5681/2022 BETWEEN: 1. GOVINDARAJU W/O. KAMBAIAH, AGED ABOUT 49 YEARS, 2. GANGABORAMMA W/O. GOVINDARAJU, AGED ABOUT 47 YEARS, 3. ASWATHAIAH K. G. S/O. GOVINDARAJU, AGED ABOUT 27 YEARS, ALL ARE RESIDING AT KACHENAHALLI, - 3 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 KANAKUPEE POST, BEBBUR HOBLI, TUMKUR - 572 120. ...APPELLANTS (BY SRI. ARJUN R. KHOT, ADVOCATE) AND: 1. GOVINDAPPA S/O. MUDLAGIRIGOWDA, RESIDING AT MUDLAGIRIGOWDA, KACHENAHALLI, KANAKAPURA POST, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT, TUMKUR - 572 120. (EX-PARTE) 2. RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE NO. 28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2; R1- NOTICE DISPENSED WITH VIDE ORDER DATED 20.02.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2021 PASSED IN MVC NO. 197/2019 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, A.C.M.M. BENGALURU, 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: - 4 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Ashok N Patil learned counsel for the appellant in MFA No.3039/2022, who is representing respondent No.2 in MFA No.5681/2022. 2. The submission made by Sri. Arjun R.K, learned counsel for respondent Nos. 1 to 3 in MFA 3039/2022 who is also representing the appellants in MFA 5681/2022 is also heard. 3. These two appeals are the outcome of the order that is rendered by the Motor Accidents Claims Tribunal Bengaluru in M.V.C. No.197/2019 dated 13.12.2021. While the insurance company against which liability is fastened filed MFA 3039/2022, claimant's filed MFA 5681/2022. 4. For the sake of convenience of discussion, the parties to both the appeals will hereinafter be referred to as the 'insurance company' and the 'claimants'. - 5 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 5. The version of the insurance company is that the amount awarded as compensation is excessive and exorbitant. On the other hand the contention of the claimants is that the compensation granted is grossly low. 6. The tribunal initially held that the claimant Nos.1 and 2 are entitled to a sum of Rs.29,16,346/- as compensation. Through an amendment as per order dated 31.01.2022, the tribunal gave verdict that the claimant Nos.1 and 2 are entitled to a sum of Rs.23,61,226/- as compensation. The certified copy of the impugned order which reflects the amended sum is found in the record of this Court in MFA No.5681/2022. The genuineness of the said amendment is not disputed by learned counsel who represents the insurance company. 7. On going through the certified copy of the impugned order where amendment is found and reduction of compensation was done, learned counsel for the - 6 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 insurance company submits that he has nothing to say in the appeal filed by him. 8. Learned counsel who represents the claimants submits that the compensation granted is on lower side and therefore the claimants filed an appeal. Learned counsel contends that the deceased Somashekaraiah K.G (hereinafter be referred to as the deceased for brevity) was doing business in arecanut and was also vending milk and thereby was earning Rs.30,000/- per month. However, the tribunal took the notional income as Rs.11,000/- per month only. Learned counsel states that the accident occurred in the year 2018 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.12,500/- per month and at least said figure should have been considered by the tribunal. Learned counsel who represents the insurance company did not raise any objection for taking the notional income as Rs.12,500/- per month. Thus taking the notional income as - 7 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 Rs.12,500/- per month and without disturbing other parameters i.e. adding of 40% towards future prospects, deducting 50% towards the personal and living expenses, which the deceased would have incurred for himself had he been alive and applying the appropriate multiplier 18, the compensation which claimant Nos. 1 and 2 are entitled to receive under the head loss of dependency is as under:- Heads Amount in Rs. Notional monthly income 12,500.00 Annual income 1,50,000.00 On adding 40% towards future prospects 2,10,000.00 On deducting 50% towards personal and living expenses 1,05,000.00 Loss of dependency, on applying multiplier 18 18,90,000.00 ` 9. Thus claimant Nos. 1 and 2 are entitled to sum of Rs.18,90,000/- towards loss of dependency. Also claimant Nos. 1 and 2 being the parents of the deceased are entitled to Rs.40,000/- each, Rs.80,000/- in total towards loss of filial consortium. The claimants are also entitled to Rs.15,000/- towards funeral expenses, Rs.15,000/- - 8 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 towards loss of estate. They are further entitled to a sum of Rs.5,88,026/- towards medical expenses. Thus the total compensation which the claimants are entitled to receive is as under:- Heads Amount in Rs. Loss of dependency 18,90,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 Loss of filial consortium 80,000.00 Medical expenses 5,88,026.00 Total 25,88,026.00 10. The tribunal held that the appellants are entitled to a sum of Rs.23,61,226/- as compensation. However the discussion that went on supra makes it clear that they are entitled to a sum of Rs.25,88,026/- as compensation. Therefore, both the appeals are disposed of with the following:- ORDER i. The appeal in MFA 3039/2022 is dismissed. - 9 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 ii. The appeal in MFA 5681/2022 is allowed in part. iii. The compensation that is granted by the Motor Accident Claims Tribunal Bengaluru through orders in M.V.C. No.197/2019 dated 13.12.2021 is enhanced from Rs.23,61,226/- to Rs.25,88,026/-. iv. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. v. Insurance company is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. vi. Apportionment made by the Tribunal applies to enhanced sum as well. vii. On deposit, claimant Nos.1 and 2 are permitted to withdraw their respective shares. - 10 - HC-KAR NC: 2026:KHC:8134 MFA No. 3039 of 2022 C/W MFA No. 5681 of 2022 viii. Amount if any, in deposit be transmitted to the concerned Tribunal forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 31