- 1 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 60 OF 2025 (MV-D) BETWEEN: 1. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE SUGUNA NURSING HOME COMPLEX ANTHARAGANE ROAD NEAR KSRTC BUS STAND KOLAR – 563 101. THROUGH ITS REGIONAL OFFICE No.18, 5TH AND 6TH FLOORS KRISHIBHAVAN HUDSON CIRCLE BANGALORE – 560 001. REP. BY ITS DEPUTY MANAGER …APPELLANT (BY SRI JANARDHAN REDDY, ADVOCATE) AND: 1. NAGAMMA D/O LATE MUNIYAPPA W/O MUNAIAH AGED ABOUT 56 YAERS R/AT HOGARI VILLAGE ARAHALLI POST KOLAR TALUK AND DISTRICT. 2. LAKSHMAMMA D/O LATE MUNIYAPPA SINCE DEAD BY HER LR'S Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 2(a) V RAVI S/O LATE VENKATARAMANPPA AGED ABOUT 41 YEARS 2(b) AMBAREESHA V S/O LATE VENKATARAMANPPA AGED ABOUT 37 YEARS BOTH ARE R/AT TAVAREKERE VILLAGE AND POST HOSKOTE TALUK BANGALORE RURAL DISTRICT. 3. NARAYANAMMA @ SULTHAN TAJ D/O LATE MUNIYAPPA W/O LATE RAMU AGED ABOUT 52 YEARS R/AT NEAR OMSHAKTI TEMPLE PARVATHIPURA HOSAKOTE TOWN BANGALORE RURAL DISTRICT. 4. GOWRAMMA D/O LATE MUNIYAPPA W/O SEETHAPPA AGED ABOUT 50 YEARES R/AT NARAYANADASARAHALLI VILLAGE CHEEMANAGALA POSTS SIDLAGHATA TALUK CHIKKABALLAPURA POST. 5. SAKAMMA D/O LATE MUNIYAPPA W/O NARAYANASWAMY AGED ABOUT 48 YEARS R/AT AMBEDKAR COLONY HOSAKOTE TOWN BANGALORE RURAL DISTRICT. 6. SHARADHAMMA D/O LATE MUNIAYPAA W/O PEDDANNA - 3 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 AGED ABOUT 46 YEARS R/AT ANEKAL VILLAGE KOTAGAL POST, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT. 7. AZGAR ALI S/O CHOTA SAB AGED ABOUT 45 YEARS R/AT 45, THE SQUARE MARUTHI SAWMIL ROAD NEAR HOLY CHRIST SCHOOL ASHWATH NAGAR THANISANDRA MAIN ROAD DR. SRK NAGAR POST BANGALORE – 560 045. …RESPONDENTS (BY KUM. SUSHMITHA G, ADVOCATE FOR R1-R6 V/O DTD. 05.02.2025, NOTICE TO R7 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2024 PASSED IN MVC No.282/2022 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, KOLAR, AWARDING COMPENSATION OF Rs.7,32,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the insurer challenging the quantum of compensation awarded by the Tribunal in - 4 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 the judgment and award dated 08.11.2024 passed in MVC No. 282/2022 on the file I Additional District Judge and Member, MACT, Kolar. 2. Even though the appeal is listed for Admission, with the consent of both the learned counsel the matter is taken up for disposal. 3. Six daughters of late Muniyappa had filed a claim petition seeking award of compensation for the death of their father in a road traffic accident which took place on 01.01.2018 contending that the accident occurred due to the rash and negligent driving by the driver of Maruti Omni bearing registration No. KA-07-M-1237. The Tribunal recorded evidence and appreciating the evidence on record assessed the compensation under different heads as under: Sl.No. Particulars Amount (in Rs.) 1 Towards funeral expenses, obsequies and transportation charges 50,000 - 5 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 2 Towards loss of dependency and loss of estate 5,62,500 3 Towards loss of love and affection 1,20,000 Total compensation amount 7,32,500 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till the date of realization and directed the appellant herein – insurer to pay the compensation with interest. 5. The insurer challenging quantum of compensation has filed the present appeal. 6. Heard learned counsel for appellant and learned counsel for respondents. 7. Learned counsel for appellant would contend that the claimants are the married daughters of the deceased and they were not dependent on the deceased and therefore, they are not entitled for compensation under the head `loss of dependency’. Learned counsel further contended that the compensation awarded towards - 6 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 funeral expenses is on higher side. With this it is prayed to allow the appeal. 8. Learned counsel for respondent Nos. 1 to 6 would contend that the Hon’ble Apex Court in the case of Jitender Kumar and another Vs. Sanjay Prasad and others, Civil Appeal No. 7199/2025 dated 22.05.2025, has observed that the major sons and married daughters of the deceased are also entitled to compensation even though they are not dependent on the deceased and in that regard 50% of the income of the deceased is to be deducted towards the personal expenses of the deceased. 9. Learned counsel further submits that the Tribunal has not awarded loss of consortium and it has awarded only loss of love and affection. Claimants being six daughters are entitled to consortium of Rs.40,000/- each. With this, she prayed to dismiss the appeal. - 7 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 10. Having heard learned counsel for the parties, this Court has perused the impugned judgment and award. 11. Claimants are six married daughters of the deceased Muniyappa. Even though they are not dependent on the deceased they are entitled to compensation as held by the Hon’ble Apex Court in the case of Jitender Kumar (supra) wherein it is observed as under: “14. Such exposition came to be followed by this Court in Seema Rani and Ors. V. Oriental Insurance Co. Ltd. And Ors., wherein it was observed that the application for compensation, even by married sons and daughters, must be considered, irrespective of whether they are fully dependant or not. In the present case, it cannot be disputed that the claimant-appellant(s) became partner in the consultancy firm run by the deceased. Moreover, it is not in dispute that that the Flour Mill being run by the deceased, is still being run by the claimant – appellant(s). In such a factual circumstance, it cannot be said that the - 8 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 claimant-appellant(s) were financially dependent upon the deceased. 15. Therefore, in view of the above, while the claimant-appellant(s) were not dependent upon the deceased, they are entitled to receive compensation as his legal representatives, in accordance with law. Thus, the deduction towards the loss of personal and living expenses is to be ½ (50% of the income of the deceased) in accordance with law.” 12. The Tribunal has assessed the annual income of the deceased at Rs.1,50,000/-. 50% of the income is deducted towards his personal and living expenses. Multiplier applicable is 5. Considering the same, loss of dependency and estate is calculated as under: 150000 – 50 % = 75000 X 5 = 375000 13. The Tribunal has awarded funeral expenses in a sum of Rs.50,000/-. Claimants are entitled to funeral expenses in a sum of Rs.15,000/- as against Rs.50,000/- awarded by the Tribunal. - 9 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 14. Claimants are six daughters of the deceased. Therefore, they are entitled to consortium in a sum of Rs.40,000/- each (40000 x 6 = 240000). Claimant No. 2 died while the matter was pending before the Tribunal and her two sons were brought on record as her legal representatives. Said two legal representatives of claimant No. 2 – Lakshmamma i.e., R-2(a and b) are together entitled to Rs.40,000/- out of loss of consortium awarded. 15. In view of award of loss of consortium claimants are not entitled to loss of love and affection awarded by the Tribunal in a sum of Rs.1,20,000/-. 16. In view of the above, claimants are entitled to total compensation under different heads as under: Sl.No. Particulars Amount (in Rs.) 1 Towards funeral expenses, obsequies and transportation charges 15,000 2 Towards loss of dependency and loss of estate 3,75000 - 10 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 3 Towards loss of love and affection NIL 4 Towards loss of consortium 2,40,000 Total compensation amount 6,30,000 17. Claimants are entitled to total compensation of Rs.6,30,000/- as against Rs.7,32,500/- awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of realization. The appellant – insurer shall pay the said compensation with interest to the claimants. 18. In view of the above, the following; O R D E R i) The appeal is allowed in part. ii) Judgment and award dated 08.11.2024 passed in MVC No. 282/2022 by the Tribunal is modified. iii) The claimants are entitled to compensation of Rs.6,30,000/- as against Rs.7,32,500/- awarded by the Tribunal with interest at the rate of 6% - 11 - HC-KAR NC: 2026:KHC:29860 MFA No. 60 of 2025 p.a. from the date of petition till the date of realization. iv) Appellant – insurer shall deposit the compensation with interest before the Tribunal within a period of six weeks from this day excluding the amount already deposited. v) Amount in deposit shall be transmitted to the Tribunal. vi) The claimant Nos. 1, 3 to 6 and legal representatives of claimant No.2, i.e., 2(a and b) together are entitled to equal share in the compensation awarded. vii) Claimants are entitled to release of entire compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 52