- 1 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3043 OF 2017 (MV-I) BETWEEN: THE NEW INDIA ASSURANCE COMPANY LIMITED, TP CLAIMS HUB, 2ND FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, M.G.ROAD, BANGALORE-560 001, BY ITS MANAGER. …APPELLANT (BY SRI. ASHOK N. PATIL., ADVOCATE) AND: 1. SMT SWETHA, WIFE OF LATE SHRI. LAKSHMIKANTHA @ LAKSHMIPATHI, AGED ABOUT 24 YEARS, 2. KUM. SANMITHA, D/O LATE SHRI. LAKSHMIKANTHA @ LAKSHMIPATHI, AGED ABOUT 04 YEARS, 3. SHRI. H.N. NARAYANASWAMY S/O SHRI. NANJUNDAPPA AGED ABOUT 62 YEARS, 4. SMT. AMARAVATAMMA W/O SHRI. H.N.NARAYANASWAMY AGED ABOUT 57 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 1ST PETITIONER/RESPONDENT IS THE WIFE, 2ND PETITIONER/RESPONDENT IS THE MINOR DAUGHTER AND THE PETITIONERS/RESPONDENTS 3 AND 4 ARE THE PARENTS, RESPECTIVELY OF SHRI LAKSHMIKANTHA @ LAKSHMIPATHI 2ND PETITIONER/RESPONDENT, BEING A MINOR IS REPRESENTED BY HER MOTHER/NATURAL GUARDIAN SMT. SWETHA, THE 1ST PETITIONER/RESPONDENT ALL ARE RESIDING AT DINNERI HAROHALLI VILLAGE, MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. 5. SHRI. PRAVEENKUMAR SON OF SHRI. MARIYAPPA MUNIYAPPA, MAJOR, RESIDENT OF KURANDAHALLI VILLAGE, HURULAGERE POST, MALUR TALUK KOLAR DISTRICT-563 160. 6. THE SHRIRAM GENERAL INSURANCE COMPANAY LIMITED, III FLOOR, SVR ARCADE, NO.4/5, BANNERGHATTA ROAD, DEVARACHIKKANAHALLI, BANGALORE-560 076. 7. SHRI. M. ELANGO SON OF SHRI. K.MURUGAN, MAJOR, NO.65/155, INDIRANAGAR, KRISHNAGIRI ROAD, TIRUPATTUR,VELLORE DISTRICT, TAMILNADU-635 601. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 (BY SRI. K.T. GURUDEV PRASAD, ADVOCATE FOR R1 TO R4, SRI. O MAHESH, ADVOCATE FOR R6, R5 AND R7 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.461/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MALUR, AWARDING COMPENSATION OF Rs.74,11,824/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL PAYMENT. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT A common order was passed by Senior Civil Judge and JMFC, Malur (hereinafter referred as Tribunal) in MVC Nos.460/2015 and 461/2015 dated 30.12.2016. 2. This appeal is filed by respondent No.4/ New India Insurance Co. Ltd., before the Tribunal (respondent No.2 has not preferred any appeal), under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award in MVC No.461/2015 passed by the tribunal on 30.12.2016. 3. One Lakshmikantha @ Lakshmipathi met with an accident on 24.09.2015 and died subsequently. His wife, - 4 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 children and parents filed claim petition claiming compensation of Rs.1 crore. The Tribunal considering the entire evidence on record granted an amount of Rs.7,11,824/- with interest at the rate of 8% per annum from date of petition till realization and held the liability of payment of 50% of the awarded amount to the respondent Nos.2 and 4/Insurance Companies. 4. Aggrieved by the said award. This appeal is preferred by the respondent No.4/The New India Assurance Co., Ltd., and mainly contended that LakshmiKantha was employed as a Laboratory Technician, after passing SSLC and Karnataka Government gave Trade Certificate- (ITI) in Electronics Mechanics trade. But the Tribunal considered his pay slip for September 2015 and took his income as Rs.31,533/- which is erroneous and also added 50%, instead of 40%, as he was a private employee and 1/4th is deducted towards personal expenses by applying the multiplier as ‘17’. Therefore, requested for modification of the award of the tribunal. Further stated that the employer has paid Rs.5,00,000/- from group accident policy and requested to deduct the same. Therefore, requested for modification of the order. - 5 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 5. Learned counsel for the respondent stated that as per pay slip for the month of September 2015 and also evidence of the employer i.e. PW3, he was getting a monthly salary of Rs.31,533/- as on the date of accident and they also filed the increment record to show that he got increment one day prior to the accident. Therefore, requested the court to consider his income as per the evidence of PW3. 6. On perusal of the documents, petitioners have filed his appointment letter under Ex.P17 and also pay slips under Exs.P18 to P22 from the month of April to September 2015 and his salary was shown as Rs.18,563, Rs.20,625, Rs.20,625, Rs.20,625 and Rs.31,533, respectively. His salary was consistent for the months from May to August. Therefore, this Court finds that it is just and reasonable to take his gross salary as Rs.20,625/- per month for the purpose of calculation. So as he was a private employee and aged, 30 years and the relevant multiplier is ‘17’. Considering his age and also the fact that he is working in a private sector he is entitled for 40% towards future prospects. As the dependents are 4 in number, 1/4th is to be deducted towards personal expenses. Loss of - 6 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 dependency comes to Rs.20,625 + 40% x 12 x 17 – ¼ = Rs.44,17,875/-. Hence, petitioner No.1 is entitled for consortium of Rs.48,000/- towards spousal consortium. Petitioner No.2 is entitled for Rs.48,000/- towards parental consortium and petitioner Nos.3 and 4 are entitled for an amount of Rs.48,000/- by each of them towards fililial consortium. They are also entitled for an amount of Rs.36,000/- under the conventional head, as per the citation reported in National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC 680. 7. As there are two Insurance Companies i.e., respondent Nos.2 and 4 and Tribunal held that both of them liable to pay 50% compensation by each of them, learned counsel for respondent no.4, present appellant stated that they have deposited 50% of their share of compensation before the tribunal. They are directed to pay the balance compensation if any excess pending. 8. Thus in all, components awarded by this court are as below, - 7 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 Hence, the compensation granted by tribunal is reduced from Rs.74,11,824/- to Rs.46,45,875/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 30.12.2016. by Senior Civil Judge and JMFC, Malur in MVC No.461/2015, is modified. iii. The claimants are entitled to a sum of Rs.46,45,875/- along with interest at 6% p.a., from the date of petition till the date Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 44,17,875 2 Towards loss of consortium 1,92,000 3 Conventional heads 36,000 Total 46,45,875 - 8 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 of realization, instead of Rs.74,11,824/- granted by the tribunal. iv. Respondent Nos.2 and 4/Insurance Company have already deposited 50% of the awarded amount before the tribunal. Therefore, Respondent Nos.2 and 4/Insurance Company are directed to deposit if any excess amount is to be payable along with the interest at the rate of 6% within one month from the date of this order. v. If respondent Nos.2 and 4/Insurance Company have deposited excess compensation, they are entitled for refund, in view of reduction of the compensation. - 9 - HC-KAR NC: 2026:KHC:28079 MFA No. 3043 of 2017 vi. On such deposit, claimants are permitted to withdraw the entire amount along with interest accrued on the same. vii. The amount in deposit is to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 69