- 1 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2446/2019 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.2061/2019 (MV-D) IN M.F.A. No.2446/2019: BETWEEN: 1. MALLIKA W/O LATE SURESHA AGED ABOUT 40 YEARS. 2. VARUN S/O LATE SURESHA AGED ABOUT 17 YEARS. 3. JOTHIKA S D/O LATE SURESHA AGED ABOUT 15 YEARS. 4. INDRAMMA W/O LATE DORESWAMY AGED ABOUT 63 YEARS. ALL ARE R/O. RANGANATHANAGARA SRIRANGAPATNA TOWN & TALUK MANDYA DISTRICT-571438. A2 & A3 ARE MINORS REP. BY A1. …APPELLANTS (BY SRI. SREENIVASAN M.Y. ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 AND: 1. PRASAD N.B. S/O LATE BASAVARAJU MAJOR, R/AT. NERALE VILLAGE AND POST KAVALANDE HOBLI NANJANGUDU TALUK MYSORE DISTRICT-571312. 2. ICICI LOMBARD GENERAL INS CO LTD REP. BY MANAGER MAITRI ARCADE, NEW KANTHARAJ URS ROAD SARASWATHIPURAM, MYSORE-570005. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADV., FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS IN ADDITIONAL SENIOR CIVIL JUDGE, MACT AT SRIRANGAPATNA IN MVC NO.1244/2016 ON 28.09.2018. ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD PASSED BY ADDITIONAL SENIOR CIVIL JUDGE, MACT AT SRIRANGAPATNA IN MVC NO.1244/2016 ON 28.09.2018 THEREBY ENHANCING THE COMPENSATION SUITABLY WITH INTEREST, GRANT SUCH OTHER RELIEFS IN FAVOUR OF THE APPELLANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.2061/2019: BETWEEN: M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. MAITHRI ARCADE NEW KANTHARAJ URS ROAD SARASWATHIPURAM, MYSORE. - 3 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 NOW REP. BY ITS MANAGER M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. NO.121 THE ESTATE, 9TH FLOOR DICKENSON ROAD, M G ROAD BANGALORE-560 042. ...APPELLANT (BY SRI. P.S. JAGADISH, ADV.,) AND: 1. MALLIKA W/O LATE SURESH NOW AGED ABOUT 40 YEARS. 2. VARUN S/O LATE SURESH NOW AGED ABOUT 17 YEARS. 73. JOTHIKA .S D/O LATE SURESH AGED ABOUT 15 YEARS. PETITIONER NO.2 & 3 ARE MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER MALLIKA. 4. INDRAMMA W/O LATE DORESWAMY AGED ABOUT 63 YEARS. ALL ARE R/AT RANGANATHANAGARA SRIRANGAPATNA TOWN & TALUK MANDYA DISTRICT. 5. PRASAD N.B. MAJOR S/O LATE BASAVARAJU R/A NERALE VILLAGE AND POST - 4 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 KAVALANDE HOBLI NANJANAGUD TALUK MYSORE DIST-571312 (OWNER OF TATA ACE REG NO.KA-09-C-4584). ...RESPONDENTS (BY SRI. SREENIVASAN M.Y. ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.09.2018 PASSED IN MVC NO.1244/2016 BY THE ADDITIONAL SENIOR CIVL JUDGE & MACT AT SHRIRANGAPATANA AWARDING COMPENSATION TO THE PETITIONERS/RESPONDENT NO.1 TO 4 HEREIN, IN A SUM OF RS.14,01,705/- WITH INTEREST AT 9% AND FURTHER DIRECTED THE APPELLANT HEREIN TO PAY THE SAME, BY ALLOWING THE ABOVE APPEAL. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT M.F.A.No.2446/2019 is filed by the claimants seeking for higher compensation. M.F.A.No.2061/2019 is filed by the Insurance Company challenging the quantum as well as the liability. Both the appeals have been filed challenging the judgment and award dated 28.09.2018 passed in M.V.C.No.1244/2016 by the Additional Senior Civil Judge and the Motor Accident Claims Tribunal at Srirangapatna (for short, 'the Tribunal'). - 5 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 2. Though these appeals are listed for admission, with consent of the learned counsel for the parties, they are taken up for final disposal. 3. Sri.Sreenivasan M.Y., learned counsel for the claimants submits that the Tribunal has committed a grave error in assessing the income of the deceased at Rs.6,500/- p.m. It is submitted that the income is required to be re-assessed at Rs.9,500/- p.m. by adding 25% under the head of loss of future prospects and by deducting 1/4th towards the personal and living expenses of the deceased. It is further submitted that the claimants are entitled for the compensation under the heads of loss of consortium, loss of estate and towards transportation of dead body, funeral expenses etc. Hence, he seeks to allow the appeal filed by the claimants. 4. Per contra, Sri.P.S.Jagadish, learned counsel appearing for the Insurance Company submits that the Tribunal, taking note of the fact that the claimants have - 6 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 failed to produce any proof of income, has rightly assessed the income of the deceased at Rs.6,500/- p.m. and awarded just compensation which does not call for any interference. It is submitted that the Tribunal has failed to take note of the fact that the deceased who was the rider of the motorcycle, suddenly crossed the road without due care and caution. Though the Tribunal has recorded the finding at paragraph 17 but has failed to fasten the liability on the deceased. Hence, he seeks to allow the appeal of the Insurance Company by recording the finding that the deceased also contributed to the accident in question to an extent of 50%. 5. I have heard the arguments of the learned counsel for the claimants, the learned counsel for the Insurance Company and meticulously perused the material available on record. 6. The only point that would arise for consideration in this appeal is: - 7 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 "Whether the impugned judgment and award passed by the Tribunal calls for any interference?" 7. The records indicate that on 07.08.2016, the deceased Suresha was proceeding on his motorcycle. At that time, the driver of the TATA Ace Auto bearing registration No.KA-09 C-4584 drove the same in a rash and negligent manner and dashed against the motorcycle resulting in the death of said Suresha. The claimants are the wife, children and mother of the deceased. In order to prove their claim, the claimant No.1 examined herself as PW-1 and one more witness as PW-2 and got marked Exs.P1 to P91. The respondents examined RW-1 and RW- 2 and got marked Ex.R1. The Tribunal, on appreciation of the evidence has awarded the total compensation of Rs.14,01,705/- with interest at the rate of 9% p.a. by directing the Insurance Company to pay the entire compensation by recording the finding that the driver of TATA Ace vehicle was negligent in driving the said vehicle. - 8 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 Insofar as the aspect of negligence is concerned, on perusal of the oral and documentary evidence on record, it indicates that the deceased who was riding the motorcycle, without due care took a sudden right turn which resulted in the accident. It is to be noticed that the accident occurred at the place where the deceased tried to cross the road suddenly without giving any indication or signal. It is not in dispute that the jurisdictional police, after investigation, filed a charge sheet against the driver of the TATA Ace vehicle. However, taking note of the other evidence on record which clearly indicates that the deceased has also contributed to the accident, I am of the considered view that the interest of justice would be met if the liability is fastened on the deceased as well. Hence, it is held that the deceased has contributed to the accident to an extent of 15%. This aspect is not seriously disputed by the learned counsel for the claimants. 8. Admittedly, the claimants have failed to produce the proof of income of the deceased. Hence, I - 9 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 notionally assess the income of the deceased at Rs.9,500/- p.m. as per the chart prepared by the Karnataka State Legal Services Authority. The age of the deceased as per Ex.P7 is considered as 46 years and therefore, 25% of the assessed income has to be added towards loss of future income, the appropriate multiplier to be applied would be '13' and the deduction towards the personal and living expenses would be 1/4th. Hence, the compensation towards loss of dependency is assessed as under: Rs.9,500 + 25% x 12 x 13 - 1/4th = Rs.13,89,375/- 9. The claimants are the wife, children and mother of the deceased. All of them are entitled to the compensation towards loss of consortium at Rs.40,000/- + 10% escalation which would be Rs.44,000 x 4 = Rs.1,76,000/-. The claimants are also entitled to the compensation under the head of loss of estate at Rs.16,500/- which includes 10% escalation and the compensation towards transportation of dead body at Rs.16,500/- which includes 10% escalation. The - 10 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 compensation awarded by the Tribunal towards medical expenses at Rs.3,01,040/- remains unaltered. Thus, the appellant would be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Loss of dependency 13,89,375 Loss of consortium 1,76,000 Loss of estate 16,500 Transportation of dead body 16,500 Medical expenses 3,01,040 Total 18,99,415 10. The Insurance Company is liable to make good 85% of the total compensation. It is made clear that if the Insurance Company has made any payment to the claimants pursuant to the impugned judgment and award, the same shall be deducted and the balance amount shall be paid. 11. In the result, this Court proceeds to pass the following: ORDER a) The appeals are allowed-in-part. - 11 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 b) The impugned judgment and award dated 28.09.2018 passed by the Tribunal in M.V.C.No.1244/2016 is modified to an extent that the appellants-claimants would be entitled to the compensation of Rs.16,14,503/- (85% of the total compensation of Rs.18,99,415/-) as against Rs.14,01,705/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent No.2 shall deposit 85% of the total compensation amount after deducting any payment already made, with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. - 12 - HC-KAR NC: 2026:KHC:14401 M.F.A. No.2446/2019 C/W M.F.A. No.2061/2019 e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) The amount in deposit shall be transmitted to the Tribunal forthwith. g) Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 2 Sl No.: 11