- 1 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2090 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 8476 OF 2022 (MV-D) IN MFA No. 2090/2023 BETWEEN: 1. RADHA W/O SIDDEGOWDA. M.H., AGED ABOUT 44 YEARS. 2. SIDDEGOWDA M.H. S/O YALAVEGOWDA AGED ABOUT 51 YEARS. 3. M S MUKESH S/O SIDDEGOWDA M.H., AGED ABOUT 25 YEARS. ALL ARE R/AT MALLENAHALLI VILLAGE PANDAVAPURA TALUK NOW R./AT C/O GOWRAMMA KADTHANALU VILLAGE SRIRANGAPATNA TQ, MANDYA DISTRICT – 571 438. …APPELLANTS (BY SRI SREENIVASAN M Y, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 AND: 1. SAMIULLA KHAN MAJOR, R/AT ANWAR KHAN R/AT 39TH CROSS, KEB COLONY UDAYAGIRI, MYSORE – 570 019. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, MYSORE TRADE CENTER INFRONT OF KSRTC BUS STAND MYSORE – 570 001. …RESPONDENTS (BY SRI ASHOK N PATIL, ADVOCATE FOR R2- V.K. NOT FILED V/O DATED 01.08.2023 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.08.2022 PASSED IN MVC No.1625/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 8476/2022 BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., 1ST FLOOR MYSORE TRADE CENTER INFRONT OF KSRTC BUS STAND MYSORE NOW REPRESENTED BY ITS LEGAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD No.28, CENTENARY BUILDING EAST WING 5TH FLOOR - 3 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 M G ROAD BENGALURU - 01. ...APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1.RADHA W/O SIDDEGOWDA M H NOW AGED ABOUT 43 YEARS. 2. SIDDEGOWDA M H S/O YALAVEGOWDA N NOW AGED ABOUT 50 YERS. 3. M S MUKESH S/O SIDDEGOWDA M H NOW AGED ABOUT 24 YEARS ALL ARE R/AT K MALLENAHALLY VILLAGE PANDAVAPURA TALUK NOW R/AT C/O GOWRAMMA KADATHANALU VILLAGE SRIRANGAPATNA TALUK MARAGOWDANHALLI PADAVALHIPPE POST P N PURA TALUKA MANDYA DISTRICT. 4. SAMIULLA KHAN S/O ANWAR KHAN R/AT 39, 9TH CROSS KEB COLONY UDAYAGIRI MYSORE-570 019. ...RESPONDENTS (BY SRI SREEVIVASAN, ADVOCATE FOR R1-R3 R4- SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2022 PASSED IN MVC - 4 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 No.1625/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF Rs.22,10,334/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF FILING THE PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.2090/2023 is filed by claimants seeking enhancement and MFA No.8476/2022 is filed by the insurer challenging the quantum compensation awarded in the judgment and award dated 16.08.2022 passed in MVC No.1625/2019 by Additional Senior Civil Judge and MACT Srirangapatna. 2. Even though the matter is listed today for admission, it is taken up for disposal with the consent of the counsels appearing for both the parties. 3. The claimants are parents and younger brother of one Manju made claim petition seeking award of compensation for the death of said Manju in a road traffic - 5 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 accident which took place on 27.04.2019, contending that the accident occurred due to rash and negligent driving of driver of Tempo bearing No.KA-55/5850. The Tribunal recorded evidence and appreciating the evidence on record has awarded compensation under different heads as under: Head of compensation Amount 1.Loss of dependency Rs.20,15,928/- 2. On traditional heads A. Loss of Love and affection B. Loss of Estate C. Towards funeral expenses D. Loss of Consortium Rs.1,32,000/- Rs.16,500/- Rs.16,500 3. Towards Medical expenses Rs.29,406/- Total Compensation Rs.22,10,334/- 4. The Tribunal has also awarded interest at the rate of 9% per annum from the date of petition till realisation and held that respondent Nos.1 and 2 are jointly and severally liable to pay the compensation amount to claimants. The claimants filed appeal seeking enhancement and the insurer filed appeal challenging quantum of compensation. - 6 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 5. Heard learned counsel for claimants and learned counsel for insurer. 6. Learned counsel for claimants would contend that the Tribunal has not taken into consideration of future prospects while calculating the loss of dependency and considering the age of the deceased i.e., 23 years, future prospects are to be taken at 40%. 7. Learned counsel for insurer would contend that the deceased was bachelor and therefore, deductions towards his personal expenses are to be taken at 50% and Tribunal has erred in taking the deductions at 1/3rd of the income of the deceased. 8. Having heard learned counsel, the Court has perused impugned judgment and award. 9. The accident and liability of the insurer are not in dispute. The deceased was a bachelor aged about 23 years and the claimants are parents and younger brother of the deceased. The Tribunal considering that the - 7 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 accident has taken place in the year 2019 has rightly taken the notional income at Rs.14,000/- per month. The Tribunal has rightly applied multiplier 18. The deceased was a bachelor and Tribunal ought to have deducted half (1/2) of the income towards his personal expenses. The Tribunal erred in deducting 1/3rd of the income towards personal expenses of the deceased. 10. The Tribunal has not taken into consideration future prospects while calculating the loss of dependecy. In view of the decision of the Hon’ble Apex Court in the case of National Insurance Company Vs Pranay Sethi and Ors, future prospects are to be taken at 40% since the deceased was aged 23 years. The Tribunal has awarded interest on the compensation at 9% per annum and it is not proper and interest is awarded at the rate 6% per annum. In view of the above, loss of dependency is as under: Rs.14,000/- + 40% (Rs.5600/-) =19,600/- x1/2 =Rs.9,800/- x12x18 =Rs.21,16,800/- - 8 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 11. The Tribunal has awarded loss of dependency in a sum of Rs.20,15,928/-. Considering the same, the claimants are entitled to enhanced compensation of Rs.1,00,872/- (Rs.21,16,800/- minus Rs.20,15,928/-) with interest at the of 6% per annum from the date of petition till realisation. 12. The rate of interest awarded by the Tribunal at 9% is set aside and interest is awarded at 6% per annum on the compensation awarded by the Tribunal. 13. In view of the above, the following ORDER i) Both appeals are allowed in part. ii) The Claimants are entitled to enhanced compensation of Rs.1,00,872/- (Rs.21,16,800/- minus Rs.20,15,928/-) with interest at the of 6% per annum from the date of petition till realization. - 9 - HC-KAR NC: 2026:KHC:28458 MFA No. 2090 of 2023 C/W MFA No. 8476 of 2022 iii) Claimants are entitled to interest at the rate of 6% per annum on the compensation awarded by the Tribunal in a sum of Rs.22,10,234/-. iv) Respondent No.2 -insurer shall deposit the enhanced compensation of Rs.1,00,872/- with interest within a period of 06 weeks from this day. v) The amount in deposit, deposited by the insurer including the statutory deposit is directed to be transmitted to the Tribunal. vi) The share of compensation among the claimants as ordered by the Tribunal remains unaltered. vii) The claimants are entitled to amount awarded by the Tribunal in the sum of Rs.22,10,334/- with interest at the rate of 6% per annum from the date of petition till reliasation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 6