- 1 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 565 OF 2026 (MV-D) C/W MFA CROSS OBJECTION No. 42 OF 2026 (MV-D) IN MFA No. 565/2026 BETWEEN: 1. THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD., NEAR FIRE STATION MUSLIM HOSTEL COMPLEX SARASWATHIPURAM, MYSORE. ALSO AT THE ORIENTAL INSURANCE CO.LTD. TP HUB, REGIONAL OFFICE LEO SHOPPING COMPLEX 44/45. RESIDENCY ROAD BENGALURU-560 025. NOW REPRESENTED BY MANAGER …APPELLANT (BY SMT. MALATHI T N, ADVOCATE) AND: 1. SRI NANJAIAH S/O LATE NANJUNDAIAH AGED ABOUT 56 YEARS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 2. SMT. DUNDAMMA W/O. NAGA AGED ABOUT 53 YEARS BOTH RESIDING AT HOSABOODANUR VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT. 3. SMT.GOWRAMMA W/O LATE MOOGAIAH AGED ABOUT 51 YEARS R/O MOLEDODDI, THAGACHAGERE RAMANAGAR. 4. SRI SHANKARA S/O LATE NANJUNDAIAH AGED ABOUT 45 YEARS R/O HOSABOODANUR VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT. 5. SRI AKASH.K S/O MOHANAN.K AGED ABOUT 28 YEARS R/AT: SAFALYAM, POOVANKULAM POST AROLI PAPPINISSERI KANNUR DISTRICT, KERALA STATE. …RESPONDENTS (BY SRI. SREENIVASAN M Y, ADVOCATE FOR R1 – R4) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.10.2025 PASSED IN MVC No.1069/2023 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA PARTLY ALLOWING AWARDING COMPENSATION OF Rs.5,25,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 3 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 IN MFA.CROB No. 42/2026; BETWEEN: 1. NANJAIAH S/O LATE NANJUNDAIAH AGED ABOUT 56 YEARS 2. SMT. DUNDAMMA W/O NAGA AGED ABOUT 53 YEARS. BOTH RESIDING AT HOSABOODANUR VILLAGE KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 403. 3. SMT. GOWRAMMA W/O LATE MOOGAIAH AGED ABOUT 51 YEARS R/O MOLEDODDI THAGACHAGERE RAMANAGAR-562 159. 4. SRI SHANKARA S/O LATE NANJUNDAIAH AGED ABOUT 45 YEARS APPELLANT No.1,2 AND 4 ARE R/AT HOSABOODANUR VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT-571 403. ...CROSS OBJECTORS (BY SRI SREENIVASAN M Y, ADVOCATE) AND: 1. AKASH K S/O MOHANAN K AGED ABOUT 28 YEARS R/AT SAFALYAM - 4 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 POOVANKULAM, POST AROLI PAPPINISSERI KANNUR DISTRICT KERALA STATE-670 001. 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., NEAR FIRE STATION MUSLIM HOSTEL COMPLEX SARASWATHIPURAM MYSORE-570 005. ...RESPONDENTS (BY SMT. MALATHI T N, ADVOCATE FOR R2 V/O DTD. 16.07.2026, NOTICE TO R1 D/W) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CODE OF CIVIL PROCEDURE, ALLOW THIS APPEAL AND MODIFY THE JUDGMENT PASSED BY I ADDL. SENIOR CIVIL JUDGE & CJM AT MANDYA IN M.V.C No.1069/2023 ON 3.10.2025, THEREBY ENHANCING THE COMPENSATION SUITABLY WITH INTEREST. THIS MFA AND MFA CROB COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.565/2026 is filed by insurer challenging the quantum of compensation awarded in the judgment and award dated 03.10.2025 passed in MVC No.1069/2023 by I Additional Senior Civil Judge and MACT, Mandya. - 5 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 2. MFA Crob.No.42/2026 is filed by respondent Nos.1 to 4 /claimants seeking enhancement of compensation awarded in the judgment and award dated 03.10.2025 passed in MVC No.1069/2023 by I Additional Senior Civil Judge and MACT, Mandya. 3. Even though matters are listed today for orders/admission, they are taken up for disposal with consent of learned counsels appearing for parties. 4. Respondent Nos.1 to 4/claimants have made a claim petition praying to award compensation for the death of Smt. Gowriningamma in a road traffic accident occurred on 11.05.2023 contending that the accident occurred due to the rash and negligent driving of rider of motorcycle bearing registration No.KL-13/AW-6009. The Tribunal after recording evidence, appreciating the evidence on record has assessed the compensation and awarded compensation under various heads as under: Heads of compensation Amount in Rupees 1 Loss of dependency -Nil- - 6 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 2 Funeral & Transportation expenditure Rs.25,000-00 3 Loss of love and affection(parents) Rs.4,00,000-00 4 Loss of estate Rs.1,00,000-00 Total Rs.5,25,000-00 5. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till reliasation excluding the interest on future medical expenses of Rs.25,000/- and directed respondent No.2 – insurer is liable to pay compensation amount with interest. Respondent No.2 –insurer filed appeal challenging the quantum of compensation and respondent Nos.1 to 4 have filed cross-objections for enhancement of compensation. 6. Heard learned counsel for the appellant and learned counsel for respondents. 7. Learned counsel for the appellant would contend that the Tribunal has rightly held that claimants being the major sons and daughters of the deceased are not entitled to any compensation for loss of dependency. The compensation awarded by the Tribunal towards loss of - 7 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 love and affection in a sum of Rs.4,00,000/- and loss of estate in a sum of Rs.1,00,000/- are on higher side. It is also awarded compensation towards funeral expenses. With these, he prays allow the appeal. 8. Learned counsel for respondent Nos.1 to 4 /cross objectors would contend that even though claimants are major sons and daughters, they are entitled to loss of dependency as held by the Hon'ble Apex Court in the case of Jitender Kumar and Anr Vs Sanjay Prasad and Ors1. He submits that in the income of the deceased, 50% is to be deducted towards personal and living expenses as per the said decision of the Hon’ble Apex Court. The deceased was aged 75 years and therefore, multiplier applicable is 5. He further submits that claimants being children of the deceased are entitled to consortium in a sum of Rs.40,000/- each with 20% escalation. Claimants are also entitled to funeral expenses and loss of estate in sum of Rs.15,000/- with 20% 1 In Civil Appeal No.7199/2025 - 8 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 escalation. With these, he prays for enhancement of compensation. 9. Having heard learned counsels, this Court has perused impugned judgment and award. 10. The deceased was aged 75 years as on the date of the accident. The date of accident is 11.05.2023. Claimants are the two sons and two daughters of the deceased. The Tribunal has not awarded any compensation towards loss of dependency, considering that, claimants are major children and are not dependent on the income of the deceased. 11. The Hon'ble Apex Court recently in the case of Jitender Kumar(supra) has considered the aspect of whether married sons and daughters are dependent or not and held as under: “13. In our considered opinion, the view on this issue cannot be faulted. The exposition of law in Birender (Supra) is clear, wherein it was observed as under: - 9 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 “14. It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the legal representative concerned was fully dependent on the deceased and not to limit the claim towards conventional heads only.” 14. Such exposition came to be followed by this Court in Seema Rani and Ors. v. Oriental Insurance Co. Ltd. and Ors. 6 , 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 claimant-appellant(s) were financially dependent upon the deceased. - 10 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 15. Therefore, in view of the above, while the claimantappellant(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. Claimants being sons and married daughters must be considered, irrespective of whether they are fully dependent or not. The Hon'ble Apex Court held that 50% of the income of the deceased has to be deducted towards personal expenses. Accident occurred in the year 2023 and notional income for the said year is Rs.16,250/- as per chart prepared by Karnataka Legal Services Authority. Considering the said aspect, the loss of dependency is calculated as under: Rs.16,250/- less 50% = Rs.8,125/- x12x 5=Rs.4,87,500/- 13. Claimants being the four major children of the deceased are entitled to consortium in a sum of - 11 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 Rs.40,000/- each with 20% escalation as per decision of the Hon’ble Apex Court in the case of National Insurance Co. Vs Pranay Sethi and Ors2. Therefore, claimants are entitled to loss of consortium in a sum of Rs.1,92,000/- (Rs.48,000/-x4). The claimants are also entitled to funeral expenses in a sum of Rs.15,000/- and loss of estate in a sum of Rs.15,000/- with 20% escalation which comes to Rs.18,000/- each (Rs.15,000/- +20%). In view of the above, claimants are entitled to total compensation under various heads as under: Heads of compensation Amount in Rupees 1 Loss of dependency 4,87,500/- 2 Funeral & Transportation expenditure 18,000/- 3 Loss of consortium 1,92,000/- 4 Loss of estate 18,000/- Total 7,15,500/- 14. Claimants are entitled to total compensation of Rs.7,15,500/- as against Rs.5,25,000/- as awarded by the Tribunal with interest at the rate of 6% per annum from 2 In AIR 2014 SC 5157 - 12 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 the date of petition till realisation. The appellant -insurer is liable to pay the said compensation with interest. 15. In view of the above, the following ORDER i) MFA No.565/2026 is dismissed. ii) MFA Crob.No.42/2026 is allowed in part. iii) Claimants are entitled to total compensation of Rs.7,15,500/- as against Rs.5,25,000/- as awarded by the Tribunal with interest at the rate of 6% from the date of petition till realisation iv) The appellant -insurer shall deposit the entire compensation amount before the Tribunal within a period of 06 weeks from this day,(including the amount already deposited) failing which it is liable to pay interest at the rate of 9% per annum form this day till payment. v) The claimants are entitled to equal share in the compensation amount as held by the Tribunal. - 13 - HC-KAR CNR: KAHC010047092026 NC: 2026:KHC:36385 MFA No. 565 of 2026 C/W MFA.CROB No. 42 of 2026 vi) The amount in deposit is ordered to be transmitted to the Tribunal. vii) The claimants are entitled to release of the entire compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 19