- 1 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 516 OF 2024 (MV-D) BETWEEN: THE MANAGER, SBI GENERAL INSURANCE CO. LTD., LAW DEPARTMENT, NO.3/1, 1st FLOOR, RUKMINI TOWERS, PLATFORM ROAD, SHESHADRIPURAM, BENGALURU NOW REP. BY THE SBI GIC LTD., NO.3/1, RUKMINI TOWERS, 1st FLOOR, PLATFORM ROAD, NEW SWATHI HOTEL, SHESHADRIPURAM, BENGALURU - 560 020. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. RENUKA, S/O LATE BEENEBASAPPA, AGED ABOUT 52 YEARS, 2. NILAMBIKE M. W/O RENUKA, AGED ABOUT 47 YEARS, 3. ABHISHEK R. S/O RENUKA, AGED ABOUT 27 YEARS, ALL ARE R/AT MARASINGANAHALLI VILLAGE, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 GAMANAHALLI POST, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT. 4. PRASHANTHKUMAR H.V. S/O VISHAKANTEGOWDA, R/AT NO.3165, LIKITH MANSION, II MAIN, 4th PHASE, VHBCS LAYOUT, BSK 3rd STAGE, BENGALURU - 560 085. …RESPONDENTS (BY SRI. GOPAL KRISHNA N., ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 05.02.2024, NOTICE TO R4 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.09.2023 PASSED IN MVC NO.143/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF RS.29,93,128/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF FILING THE 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 This appeal is filed by the insurer challenging the quantum of compensation awarded in the Judgment and Award dated 29.09.2023 passed in MVC No.143/2021 by Additional Senior Civil Judge and MACT, Srirangapatna. - 3 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 2. Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellant/insurer and learned counsel for respondent Nos.1 to 3, the matter is taken up for disposal. 3. Respondent Nos.1 to 3/claimants made a claim petition seeking for award of compensation for the death of Ashoka R. in a road traffic accident occurred on 25.11.2020 contending that the accident occurred due to rash and negligent driving by the driver of car bearing registration No.KA-05-NA-4704. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Head of Compensation Amount 1. Loss of dependency for petitioners who are the wife, daughters, son and mother of the deceased Rs. 29,23,128/- 2. On traditional heads Rs. 70,000/- Total Compensation Rs. 29,93,128/- - 4 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent Nos.1 and 2 jointly and severally to pay the compensation amount and directed respondent No.2/insurer to deposit the award amount. The appellant/insurer challenging the quantum of compensation has filed the present appeal. 6. Heard the learned counsel for appellant/insurer and learned counsel for respondent Nos.1 to 3/claimants. 7. Learned counsel for the appellant/insurer would contend that, the deceased was a bachelor and claimants are his parents and younger brother. The Tribunal ought to have deducted 50% of the income of the deceased towards his personal expenses but erred in deducting 1/3rd towards personal expenses of the deceased. With these, he prayed to allow the appeal. 8. Learned counsel for respondent Nos.1 to 3/claimants would contend that, the Tribunal has not - 5 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 awarded the consortium, funeral expenses and loss of estate. The claimants are entitled to compensation under the aforesaid conventional heads with 10% escalation since the accident has taken place after three years from the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. With these, he prayed to determine the compensation awarded by the Tribunal. 9. Having heard both the learned counsel for appellant/insurer and learned counsel for respondent Nos.1 to 3/claimants, the Court has perused the impugned Judgment and Award. 10. The deceased was a bachelor is not in dispute. The claimants are parents and younger brother of the deceased. The Tribunal has rightly taken the income of the deceased at Rs.14,500/- and added 40% future prospects and applied multiplier '18'. - 6 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 11. Since the deceased was a bachelor, 50% of his income is to be deducted towards personal expenses as against 1/3rd deducted by the Tribunal. Therefore, the claimants are entitled to loss of dependency as under: 14,500 + 5,800 (40%) = 20,300 - 1/2 = 10,150 X 12 X 18 = 21,92,400. 12. The Tribunal has awarded only Rs.70,000/- on traditional heads. As the claimants are parents and younger brother of the deceased, the claimants are entitled to consortium in a sum of Rs.40,000/- with 10% escalation i.e., 44,000/- each. Therefore, the claimants are entitled to consortium in a sum of Rs.1,32,000/- (44,000 X 3). 13. The claimants are also entitled to funeral expenses of Rs.15,000/- and loss of estate of Rs.15,000/- with 10% escalation which comes to Rs.33,000/- (16,500 X 2). - 7 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 14. Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Compensation Heads Amount 1. Loss of dependency Rs. 21,92,400/- 2. Funeral expenses and transportation of dead body Rs. 16,500/- 3. Loss of consortium Rs. 1,32,000/- 4. Loss of estate Rs. 16,500/- Total Rs. 23,57,400/- 15. The claimants are entitled to total compensation of Rs.23,57,400/- as against Rs.29,93,128/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 16. The appellant/insurer is liable to pay the compensation amount with interest. 17. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. - 8 - HC-KAR NC: 2026:KHC:32496 MFA No. 516 of 2024 ii) The claimants are entitled to total compensation of Rs.23,57,400/- as against Rs.29,93,128/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. iii) The appellant/insurer shall deposit the entire compensation amount with interest before the Tribunal (excluding the amount already deposited) within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) If there any excess amount deposited by the appellant/insurer, the Tribunal shall refund the same to the appellant/insurer. v) The share among the claimants as determined by the Tribunal remains unaltered. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 3