- 1 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5634 OF 2021(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.4746 OF 2020(MV-D) IN MFA No. 5634/2021 BETWEEN: 1. VENKATALAKSHMAMMA W/O LATE VENKATESH NAIK AGED ABOUT 38 YEARS 2. PRAMEELA B V W/O LATE VENKATESH NAIK AGED ABOUT 20 YEARS 3. SUNITHA B V D/O LATE VENKATESH NAIK AGED ABOUT 18 YEARS 4. TARUN B V S/O LATE VENKATESH NAIK AGED ABOUT 16 YEARS 5. MADDAMMA W/O ROOPLA NAIK AGED ABOUT 62 YEARS APPELLANT 4 IS MINOR REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER 1ST APPELLANT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 ALL ARE RESIDING AT BALAMMANAHALLY TANKDA KASABA HOBLI PAVAGADA TALUK-561 202 …APPELLANTS (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. THIPPESWAMY S/O HANUMANTHARAYAPPA AGED ABOUT 39 YEARS R/O GUNDARLAHALLI VILALGE KASABA HOBLI PAVAGADA TALUK-561 202 2. THE ORIENTAL INS CO.LTD BY ITS MANAGER VP-IV, 1ST A CROSS POLICE STATION ROAD 1ST STAGE PEENYA INDUSTRIAL ESTATE BENGALURU-560 058 …RESPONDENTS (BY SRI. A.M VENKATESH, ADVOCATE FOR R2, VIDE ORDER DATED 14/12/2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.06.2020 PASSED IN MVC NO.385/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, PAVAGADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 IN MFA NO. 4746/2020 BETWEEN: THE MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED VP-IV, 1ST A CROSS, POLICE STATION ROAD, 1ST STAGE, PEENYA INDUSTRIAL ESTATE, BENGALURU-560 058 NOW REP BY ITS REGIOANL OFFICER NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560 025 REP. BY ITS DEPUTY MANAGER ...APPELLANT (BY SRI. A.M VENKATESH, ADVOCATE) AND: 1. VENKATALAKSHMAMMA W/O LATE VENKATESHA NAIK AGED ABOUT 37 YEARS 2. PRAMEELA B V D/O LATE VENKATESHA NAIK AGED ABOUT 19 YEARS 3. SUNITHA B V D/O LATE VENKATESHA NAIK AGED ABOUT 17 YEARS 4. TARUN B V S/O LATE VENKATESHA NAIK AGED ABOUT 15 YEARS 5. MADDAMMA W/O ROOPLA NAIK AGED ABOUT 61 YEARS SINCE RESPONDENT NOS.3 AND 4 ARE MINORS - 4 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 REPRESENTED BY NATURAL GUARDIAN AND MOTHER I.E., RESPONDENT NO.1 HEREIN ALL ARE R/O BALAMMANAHALLI THANDA, KASABA HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT 6. THIPPESWAMY S/O HANUMANTHARAYAPPA AGED ABOUT 38 EYARS R/O GUNDARLA HALLI VILLAGE KASABA HOBLI, PAVAGADA TALUK, (OWNER OF THE MARUTHI OMNI BEARING REG NO KA-03/MC-8492) ...RESPONDENTS (BY SRI. NOTICE TO R1, R2, R5, R6 ARE SERVED AND UNREPRESENTED, (R3 AND R4 ARE MINORS REP BY R1)) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.06.2020 PASSED IN MVC NO.385/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND MACT, PAVAGADA, AWARDING COMPENSATION OF RS.11,45,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 ORAL JUDGMENT 1. While MFA.No.4746/2020 is by the insurer challenging saddling of liability on the insurer as well as on the quantum of compensation, MFA.No.5634/2021 is by the claimants seeking enhancement of compensation awarded vide judgment and award dated 03.06.2020 passed in MVC.No.385/2018 for the accidental death of Venkatesh Naik. 2. The factual matrix of the case is that, on 25.10.2015 at about 4.45 p.m., when deceased Venkatesh Naik was riding pillion along with one Srinivasa Naik, who was riding the motorcycle bearing registration No.KA06-EG-4253, on Pavagada-Amarapura road, a Maruthi omni bearing registration No.KA03-MC-8492 being driven by its driver in a rash and negligent manner, dashed against the motorcycle, as a result of which, both the rider and pillion rider fell down and sustained grievous injuries. Thereafter, they were taken to Primary Health Centre, Pavagada and from there, pillion rider - Venkateshnaik was referred to NIMHANS Hospital and while shifting, he succumbed to the injuries. For the accidental death of Venkatesh Naik, his legal heirs filed MVC.No.385/2017. - 6 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 3. The Tribunal, on assessment of evidence adduced before it, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 10,80,000 2. Transporting and funeral expenses 15,000 3. Love and affection and Mental agony 30,000 4. Consortium 20,000 Total 11,45,000 4. Aggrieved by which, the claimants are before this Court seeking enhancement of compensation in MFA.No.5634/2021 and insurer is before this Court in MFA.No.4746/2020 challenging saddling of liability on the insurer and against the award of compensation. 5. Heard the learned counsel for both the parties and perused the material on record. 6. Learned counsel for the insurer would primarily contend that the Tribunal has erred in saddling the liability on the - 7 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 insurer although Ex.R2 - MLC register clearly depict that the deceased sustained injuries due to self fall and that as per the evidence of R.W.1 - Medical Officer of Pavagada Government Hospital, who deposed about the autopsy report Ex.R1 that 250ml liquid containing alcoholic smell was found in the stomach of the deceased. He would further contend that however on the next day, a complaint was lodged by the wife of the deceased stating that the accident occurred due to rash and negligent driving of the car by its driver, who hit the same against the hind portion of the motorcycle, as a result of which, the deceased sustained grievous head injuries and succumbed to the same. Subsequently, a charge sheet has been laid against the driver of the car at the instance of the claimants and the jurisdictional police. Notwithstanding the said contention, he would also contend that the Tribunal has erred in awarding exorbitant compensation under all the heads. Accordingly, he would pray for allowing of the appeal of the insurer by dismissing the appeal of the claimants. 7. Per contra, learned counsel for the claimants would contend that the Tribunal has rightly saddled the liability on the - 8 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 insurer firstly on the ground that the insurer has failed to examine the person namely Devaraju, who had accompanied the deceased to the hospital in order to substantiate that it was not an accident, but was a self fall and secondly, the alleged alcoholic liquid was not sent to FSL in order to ascertain whether the said liquid is alcohol or not. However, he would contend that the Tribunal has erred in awarding meagre compensation under all the heads. Accordingly, he would pray for allowing of the appeal of the claimants by dismissing the appeal of the insurer. 8. I have given my anxious consideration to the submissions of learned counsel for the respective parties. 9. As could be gathered from records, based on the information given by one Devaraju, who had accompanied the deceased to the hospital immediately after the accident, Ex.R2 - MLC was registered stating that the deceased sustained injuries due to self fall. However, in order to substantiate the same, the insurer has failed to examine said Devaraju. Nonetheless, the wife of the deceased has lodged a complaint on the next day of the accident and accordingly, a chargesheet - 9 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 has been filed against the driver of the offending car. As such, the contention of the insurer that it was not an accident, but was a self fall is untenable. As regards the contention of the insurer that as per the autopsy report, 250ml alcohol was found in the body of the deceased and that due to said alcoholic condition, the deceased fell from the motorcycle and it was not an accident is concerned, it is to be noticed that the liquid obtained from the body of the deceased was not sent to FSL and that the Doctor RW1 deposed that he was unable to state whether the said liquid was alcohol. As such, the said contention cannot also be considered. Further, the rider of the motorcycle has been examined as PW.2, who deposed that the accident occurred due to the rash and negligent driving of the offending car by its driver, who dashed against the hind portion of the motorcycle, as a result of which, the deceased sustained grievous head injuries and succumbed to the same. Though said PW.2 has been cross-examined by the insurer, nothing worthwhile has been elicited to discard his testimony with regard to occurrence of the accident. In such circumstances, I - 10 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 am of the considered view that the Tribunal was justified in saddling the liability on the insurer. 10. As regards award of compensation by the Tribunal, in order to arrive at the loss of dependency, the Tribunal has determined the monthly income at Rs.8,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2015 would be Rs.9,000/-. 11. Since the deceased was aged about 40 years and was self-employed, 25% is required to be added to the monthly income towards future prospects, which would result in the income to be Rs.11,250/- (Rs.9,000 + 25%). 12. Since there are five dependents, 1/4th requires to be deducted towards personal expenses, which makes the monthly income of the deceased to be Rs.8,438/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.8,438/- (Rs.11,250 - 1/4th). - 11 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 13. As the deceased was aged about 40 years, a multiplier of '15' would have to be applied. 14. Consequently, the claimants would be entitled to a sum of Rs.15,18,840/- (8,438 x 12 x 15) towards “loss of dependency”. 15. The claimants, being the wife, mother and three children, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 16. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 15,18,840 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 17,97,140 - 12 - HC-KAR CNR: KAHC010104162021 NC: 2026:KHC:39132 MFA No. 5634 of 2021 C/W MFA No. 4746 of 2020 17. Accordingly, the claimants would be entitled for total compensation of Rs.17,97,140/- as against Rs.11,45,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 18. The Insurance Company is directed to deposit the entire amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. 19. The amount in deposit shall be transferred to the concerned Tribunal. 20. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal of the claimants is accordingly allowed in part, whereas, the appeal of the insurer is dismissed. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 70