- 1 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 136 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 2626 OF 2023 (MV-D) IN MFA No. 136/2023 BETWEEN: 1. RELIANCE GENERAL INSURANCE COMPANY LIMITED MAXIMUM COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, OPPOSITE KMC COLLEGE, MANGALURU – 575 001 REPRESENTED BY ITS MANAGER ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, 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. DULAIKA @ JULAIKA W/O LATE T SHAHUL HAMEED @ T HAMEED GURUSIDDAIAH Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 AGED ABOUT 49 YEARS. 2. MAHAMMED SARIK S/O LATE T SHAHUL HAMEED @ T HAMEED AGED 17 YEARS. 3. IBRAHIM SAHID S/O LATE T SHAHUL HAMEED @ T HAMEED AGED 14 YEARS. THE RESPONDENT No. 2 AND 3 ARE MINORS REPRESENTED BY NEXT FRIEND MOTHER THE RESPONDENT No.1 HEREIN. RESIDENT OF DOOR No.2-80/6 ALADI HOUSE AMMUNJE POST AND VILLAGE BANTWAL TALUK - 574 219. PRESENTLY RESIDING AT KELAGINA KERE HOUSE ADDOOR POST AND VILLAGE MANGALURU TALUK -574 145. 4. KARIUNNISA W/O MOHAMMED SHAREEF AGED ABOUT 31 YEARS RESIDING AT DOOR No. 4-82 ANKAMAR HOUSE AMMUNJE POST AND VILLAGE BANTWAL TALUK -574 219. …RESPONDENTS (BY SRI. GURUPRASAD B R, ADVOCATE FOR R1 TO R3 (R2 & R3 ARE MINORS REP BY R1) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:19.10.2022 PASSED IN MVC No.88/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MACT, MANGALURU, D.K, AWARDING - 3 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 COMPENSATION OF RS.25,90,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 2626/2023 BETWEEN: 1. MRS. DULAIKA @ JULAIKA W/O LATE T SHAHUL HAMEED @ T HAMEED AGED ABOUT 50 YEARS. 2. MAHAMMED SARIK S/O LATE T SHAHUL HAMEED @ T HAMEED AGED 18 YEARS. 3. IBRAHIM SAHID S/O LATE T SHAHUL HAMEED @ T HAMEED AGED ABOUT 15 YEARS. (THE APPELLANT No.3 IS MINOR AND REPRESENTED BY HIS NATURAL GUARDIAN MOTHER, THE APPELLANT No.1 HEREIN) ALL ARE R/O D No. 2-80/6, ALADI HOUSE, AMMUNJE POST AND VILLAGE BANTWAL TQ, PRESENTLY R/AT KELAGINAKERE HOUSE ADDOOR POST AND VILLAGE, MANGALURU TQ. ...APPELLANTS (BY SRI GURUPRASAD B R, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LTD., MAXIMUS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD OPP. TO KMC COLLEGE - 4 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 MANGALORE – 575 001. REPRESENTED BY ITS MANAGER. 2. SMT. KAIRUNNISA W/O MAHAMMED SHAREEF AGED ABOUT 32 YEARS ANKAMAR HOUSE D No. 4-82, AMMUNJE POST BANTWAL TALUK – 574 219. ...RESPONDENTS (BY SRI ASHOK N PATIL, ADVOCATE FOR R1 V/O DTD. 5.1.26 NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THEJUDGMENT AND AWARD DT.19.10.2022 PASSED IN MVC No.88/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MACT, MANGALURU, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.136/2023 is filed by the insurer and MFA No.2626/2023 is filed by the claimants. The insurer is challenging quantum of compensation awarded and the claimants are seeking enhancement of compensation awarded in judgment and award dated 19.10.2022 passed in MVC No.88/2019 by the Principal Senior Civil Judge and CJM and MACT, Mangaluru, D.K. - 5 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 2. The claimants have filed the claim petition seeking award of compensation for the death of Mohiyuddin Farooq @ Farooq @ Mohiyuddin who died in a road traffic accident which took place on 18.11.2018 contending that the accident occurred due to rash and negligent driving of the driver of Ambulance bearing Regn.No.KL-11/Y-2690. The claimants are mother and two minor younger brothers of deceased. The Tribunal recorded evidence and appreciating the evidence on record assessed the compensation and awarded the compensation under different heads as under: Sl.No. Heads Amount 1. Loss of dependency 25,20,000-00 2. Loss of consortium (a) Filial Consortium 40,000-00 3. Loss of estate and funeral expenses 30,000-00 Total 25,90,000-00 3. The Tribunal has also awarded interest @ 6% p.a. from the date of petition till realization and directed the insurer to pay compensation with interest. The insurer has - 6 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 challenged the quantum and the claimants have sought enhancement of compensation awarded by the Tribunal in these appeals. 4. Heard learned counsel for the claimants and learned counsel for the insurer. 5. Learned counsel for the insurer would contend that deceased was a bachelor and the deduction taken by the Tribunal at 1/3rd is not proper and deduction towards personal expenses has to be taken at 50%. 6. Learned counsel for the claimants would contend that the claimants are mother and two minor younger brothers of deceased and they are entitled to consortium of Rs.40,000/- each and Tribunal has erred in awarding only filial consortium in a sum of Rs.40,000/-. 7. Having heard the learned counsel, the Court has perused the impugned judgment and award. 8. The deceased was a bachelor and the same is not in dispute. The Tribunal ought to have deducted personal - 7 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 expenses of the deceased at 50% instead of 1/3rd. Therefore, the deduction towards personal expenses of deceased is to be taken at 50% of his income. Accordingly, the compensation towards loss of dependency is calculated as under: Rs.12,500–50%=Rs.6,250/- + 40%(2500)= Rs.8,750/- Rs.8,750 x 12 x 18 = Rs.18,90,000/- 9. The claimants are mother and two younger brothers of the deceased. Therefore, they are entitled to consortium of Rs.40,000/-each i.e. Rs.1,20,000/- as against Rs.40,000/- awarded by the Tribunal. Considering the above aspects, the claimants are entitled to compensation under different heads as under: Sl.No. Heads Amount Rs. 1. Loss of dependency 18,90,000-00 2. Funeral expenses and transportation of dead body 15,000-00 3. Loss of estate 15,000-00 - 8 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 4. Loss of consortium 1,20,000-00 Total 20,40,000-00 10. Considering the above aspects, the claimants are entitled for total compensation of Rs.20,40,000/- as against Rs.25,90,000/- as awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. In view of the above, the following: ORDER i) The appeals are allowed in part. ii) The claimants are entitled to total compensation of Rs.20,40,000/- with interest @ 6% p.a. from the date of petition till realization. iii) The insurer shall deposit the entire amount of compensation with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment of compensation amount. iv) The amount in deposit is ordered to be transmitted to the Tribunal - 9 - HC-KAR NC: 2026:KHC:30705 MFA No. 136 of 2023 C/W MFA No. 2626 of 2023 v) The share of compensation among the claimants as held by the Tribunal shall remain unaltered. vi) The share of claimant No.3 is to be kept in fixed deposit in nationalized Bank till he attains majority. vii) The claimant Nos.1 and 2 are entitled to release of their share of compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 51