- 1 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4112 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 19 OF 2023 (MV-D) IN MFA No. 4112/2022 BETWEEN: 1. THE MANAGER UNITED INDIA INSURANCE CO LTD KAMBLI VILLAGE M C ROAD MANDYA-571401 REP BY ITS REGIONAL MANAGER UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE, 6TH FLOOR, KRISHI BHAVANA, HUDSON CIRCLE BENGALURU-560001. …APPELLANT (BY SRI. MOHAN KUMAR T.,ADVOCATE) AND: 1. SMT K R INDIRA W/O LATE B R ANANDA AGED ABOUT 39 YEARS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 2. KUM DHANVIKA RAM A D/O LATE B R ANANDA AGED ABOUT 7 YEARS, SINCE MINOR REP BY HER NATURAL GUARDIAN - MOTHER - FIRST RESPONDENT. 3. SMT SAKAMMA W/O LATE RAMANNA @ RAMA AGED ABOUT 60 YEARS, 1 TO 3 ARE R/A BIDRIKOPPALU VILLAGE, PALA AGRAHARA POST NAGAMANGALA TALUK MANDYA DIST-571401. 4. SRI CHINNASWAMY N FATHER'S NAME NOT KNOWN TO THE APPELLANT, MAJOR R/A NO.18/8, BAZAR STREET, ANEKAL TOWN, ANEKAL BENGALURU DIST-562107 …RESPONDENTS (BY SRI. SREENIVASAN M Y.,ADVOCATE FOR R1 TO R3 V/O DATED 9.11.2022 NOTICE TO R4 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2022 PASSED IN MVC NO. 412/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NAGAMANGALA, AWARDING COMPENSATION OF RS.51,79,392/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING OF THE COMPENSATION AMOUNT IN THE COURT. IN MFA NO. 19/2023 BETWEEN: 1. K R INDIRA W/O LATE B R ANANDA AGED 40 YEARS. - 3 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 2. DHANVIKA RAM A S/O LATE B R ANANDA AGED 8 YEARS MINOR REP BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO 1 K R INDIRA. 3. SAKAMMA W/O LATE RAMANNA ALIAS RAMA AGED 61 YEARS ALL ARE R/AT BIDRIKOPPALU VILLAGE PALA AGRAHARA POST NAGAMANGALA TALUK MANDYA DISTRICT 571432 ...APPELLANTS (BY SRI. SREENIVASAN M Y.,ADVOCATE) AND: 1. CHINNASWAMY N S MAJOR R/AT NO 18/8 BAZAAR STREET ANEKAL TOWN ANEKAL BENGALURU DISTRICT 560061. 2. THE BRANCH MANAGER UNITED INSURANCE COMPANY LTD KAMBLI BUILDING M C ROAD MANDYA 571401 ...RESPONDENTS (BY SRI. MOHAN KUMAR T, ADVOCATE FOR R2, V/O DATED 09.01.2023 NOTICE TO R1 D/W) - 4 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.02.2022 PASSED IN MVC NO.412/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NAGAMANGALA, 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.4112/2022 is filed by the Insurer challenging the quantum of compensation and MFA No.19/2023 is filed by the claimants seeking enhancement of compensation awarded in judgment and award dated 09.02.2022 passed in MVC No.412/2017 by the Senior Civil Judge and MACT, Nagamangala. 2. The claimants made a claim petition seeking awarding of compensation for the death of Ananda B R (husband of claimant No.1, father of claimant No.2 and son of claimant No.3) in a road traffic accident occurred on 16.01.2017, contending that the accident occurred due to - 5 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 the rash and negligent driving of the driver of bus bearing Regn. No.KA-01-EA-0767. 3. The Tribunal recorded the evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under various heads as under: 1. Towards loss of dependency Rs.50,19,392.00 2. Towards loss of spousal consortium Rs. 40,000.00 3. Towards loss of parental consortium Rs. 40,000.00 4. Towards loss of fililal consortium Rs. 40,000.00 5. Loss of estate Rs. 15,000.00 6. Funeral expenses Rs. 15,000.00 7. Shifting the dead body Rs. 10,000.00 Total amount Rs. 51,79,392.00 4. The Tribunal has also awarded interest at the rate of 9% p.a from the date of petition till realization and directed the Insurer to pay the award amount within one month. The Insurer filed an appeal challenging the quantum of compensation awarded and the claimants filed an appeal seeking enhancement of compensation awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 5. Heard learned counsel for appellant/Insurer and learned counsel for claimants. 6. Learned counsel for the Insurer would contend that the Tribunal has taken the income of the deceased based on Exs.P10 to Ex.P22/pay slips. The author of those documents has not been examined. The Tribunal has not deducted income tax payable on the income of the deceased. The interest awarded at 9% p.a. is on the higher side. With this, he prayed to allow the appeal. 7. Learned counsel for the claimants would contend that the payslips of the deceased have been produced at Exs.P10 to P22. Based on the pay mentioned in the said documents, the Tribunal has taken the income of the deceased. The deceased was the income tax assessee and income tax calculation by the employer has been produced at Ex.P9, under which, he was not liable to pay income tax since his income does not attract payment of income tax. Only the professional tax of Rs.2,400/- is to - 7 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 be deducted. As per Ex.P9, the salary income of the deceased is Rs.3,46,890/- and in it, only Rs.2,400/- professional tax is to be deducted. 8. The claimants in their appeal have also filed an application in I.A.No.1/2024 under Order XLI Rule 27 of CPC seeking production of statement of bank account of the deceased to indicate that salary was credited to his bank account. Detailed documents are produced as the Insurer has taken up the contention that the author of the payslips has not been examined. With this, he prayed to allow the appeal and enhance the compensation. 9. Having heard the learned counsel, the Court has perused the judgment and award and Trial Court records. 10. The deceased was aged 34 years as on the date of accident, and he was working as Executive Audit in Sami Labs Limited. Exs.P10 to P22 are payslips of the deceased. The Tribunal, considering the said payslips, has - 8 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 taken the annual income of the deceased at Rs.3,36,120/- The accident has taken place on 16.01.2017. Ex.P9 is the details of salary paid and other income and taxes deducted issued by the employer/Sami Labs Limited. As per the said Ex.P9, the gross salary of the deceased was Rs.3,46,890/- for the financial year from 01.04.2015 to 31.03.2016. The deceased had paid professional tax of Rs.2,400/- and it is to be deducted in the gross salary. After deduction of the same, now the salary comes to Rs.3,34,590/- (Rs.3,46,890/- - Rs.2,400/-). Merely because the author of the payslips is not examined is not a ground to discard the said documents. The Hon'ble Apex Court in the case of Rajwati @ Rajjo & Ors. v. United India Insurance Company Ltd., reported in 2022 SCC OnLine SC page 1699 has observed as under: "20. In view of the above, we do not agree with the view taken by the High Court while rejecting the salary certificate (Exhibit 19) and pay slip (Exhiti 20) of the deceased merely on te ground that the person issuing the two aforementioned documents was not examined before the Learned Tribunal. The said documents are conclusive proof of the income of the - 9 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 deceased and were also corroborated by the statements of the deceased's wife (Appellant No.1 herein) and his co-workers. As such, the High Court was not justified in assessing the income of the deceased at Rs.4,836/- per month on the basis of minimum wages fixed by the State at the relevant time. Resultantly, we affirm the findings of the Learned Tribunal so far as they relate to assessing the deceased's income at Rs.11,225/- per month on the basis of aforementioned two documents. Annual income of the deceased, therefore, amounts to, Rs.11,225/- x 12 = Rs.1,34,700." 11. The Hon'ble Apex Court in the said case has accepted the salary certificate even though the author has not been examined. Therefore, the said contention of the learned counsel for the Insurer that author is not examined and the same cannot be considered, is to be rejected. 12. The details of salary paid and other income tax deducted furnished by the employer/Sami Labs Limited for the financial year 1.4.2015 to 31.3.2016 indicate that the income of the deceased is not liable for any payment of income tax. Considering the said aspect, the loss of dependency is calculated as under: - 10 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 Rs.3,34,590/- + 40% (1,33,836/-) = 4,68,426/- - 1/3rd = Rs.3,12,284/- x 16 = Rs.49,96,544/- 13. Therefore, the claimants are entitled to loss of dependency in a sum of Rs.49,96,544/-. The quantum of compensation awarded under other heads is not challenged either by the Insurer or by the claimants. 14. The Tribunal has awarded interest at the rate of 9% p.a. from the date of petition till the date of realization. The interest awarded by the Tribunal is on the higher side considering the bank interest rate. Therefore, the interest to be awarded is 6% p.a. Considering the above aspects, the claimants are entitled to total compensation under various heads as under: 1. Towards loss of dependency Rs.49,96,544.00 2. Towards loss of consortium Rs. 1,20,000.00 3. Towards loss of estate Rs. 15,000.00 4. Funeral expenses Rs. 15,000.00 Total amount Rs. 51,46,544.00 15. Since funeral expenses is awarded, it includes transportation of the dead body, and therefore claimants are not entitled for expenses of shifting the dead body - 11 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 separately as awarded by the Tribunal in a sum of Rs.10,000/-. In view of the above, following: ORDER i) The appeal filed by the claimants in MFA No.19/2023 is dismissed. ii) The appeal filed by the Insurer in MFA No.4112/2022 is allowed in part. iii) The claimants are entitled to total compensation of Rs.51,46,544/- as against Rs.51,79,392/- as awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till realization. iv) The appellant/Insurer shall deposit the said compensation with interest (excluding the amount already deposited) before the Tribunal within six weeks from this day, failing which, it is liable to pay interest at the rate of 9% p.a from this day till payment. v) The claimants are not entitled to interest for the delay period of 203 days in filing the appeal. vi) The amount in deposit is ordered to be transmitted to the Tribunal. - 12 - HC-KAR NC: 2026:KHC:34371 MFA No. 4112 of 2022 C/W MFA No. 19 of 2023 vii) The share of compensation among the claimants as ordered by the Tribunal is remained undisturbed. viii) The amount of share of the claimant No.2 shall be kept in a fixed deposit till he attains majority. The documents produced along with IA No.1/2024 are not necessary. Hence, it is disposed of as not necessary. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 56