- 1 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7595 OF 2016(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 6372 OF 2018 IN MFA No. 7595/2016 BETWEEN: M/S. CHOLAMANDALAM MS GEN. INS. CO. LTD., REGIONAL OFFICE, GOLDEN HEIGHTS, COMPLEX, UNIT NO.4, 9TH FLOOR (LEVEL-6), 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH M BLOCK, BENGALURU - 560 010. (ABOVE IS THE PRESENT ADDRESS FOR SERVICE AND APPEAL PREFERRED THROUGH REGIONAL OFFICE) M/S CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., "DORE HOUSE" 2ND FLOOR, NSC BOSE ROAD, CHENNAI, TAMIL NADU. REPRESENTED BY MANAGER LEGAL. …APPELLANT (BY SRI. Y.P.VENKATAPATHI., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 AND: 1. SRI. BASHEER AHMED @ SYED BASHEER, AGED 47, S/O SYED TEEKU, 2. SMT. NAHEEDA, AGED 43 YEARS, W/O BASHEER AHMED @ SYED BASHEER, BOTH ARE R/AT NO.116, ITC COLONY, JEEVANAHALLI, COX TOWN, BANGALORE - 560 005. 3. SRI. RAMESH, S/O MUNIYAPPA, MAJOR, R/AT NO.25, VIJAYALAKSHMI NILAYA, BYRATHI, HENNUR MAIN ROAD, BRIGADE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI.SHRIPAD V SHASTRI, ADVOCATE FOR R1 AND R2; R3 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 3.8.2016 PASSED IN MVC NO.522/2014 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, (SCCH-16), BENGALURU, AWARDING A COMPENSATION OF RS.15,21,000/- WITH INTEREST @ 9% P.A FROM THE DATE OF PETITION TILL REALIZATION. - 3 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 IN MFA NO. 6372/2018 BETWEEN: 1. SRI. BASHEER AHMED @ SYED BASHEER, S/O SYED TEEKU, AGED ABOUT 49 YEARS, 2. SMT. NAHEEDA, W/O BASHEER AHMED @ SYED BASHEER, AGED ABOUT 45 YEARS, BOTH ARE R/AT NO.116, ITC COLONY, JEEVANAHALLI COX TOWN, BANGALORE - 560 005. ...APPELLANTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SRI. RAMESH, S/O MUNIYAPPA, NO.25, VIJAYALAKSHMI NILAYA, BYRATHI, HENNUR MAIN ROAD, BRIGADE ROAD, BANGALORE - 560 001. (RC OWNER OF THE BUS BEARING NO. KA-04-6948). 2. M/S. CHOLAMANDALAM GENERAL INSURANCE CO. LTD., - 4 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 2ND FLOOR, J.P.NAGAR, BANGALORE - 560 078. ...RESPONDENTS (BY SRI.Y.P.VENKATAPATHI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 08.01.2021) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2016 PASSED IN MVC NO.522/2014 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, (SCCH-16), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL COMMON JUDGMENT IN MFA No.7595/2016 This appeal is filed by the appellant/Insurance Company against the judgment and award dated 03.08.2016 passed in MVC No.522/2014 by the X Addl. Judge, Court of Small Causes - 5 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 and Motor Accident Claims Tribunal, at Bengaluru (SCCH-16), seeking modification of the award. 2. Heard the arguments of learned counsel for both sides and perused the material on record. 3. One Syed Sadiq met with an accident on 26.11.2013 and died subsequently. His parents filed claim petition claiming compensation of Rs.30,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.15,21,000/- with interest at the rate of 9% per annum from date of petition till realization. Aggrieved by the said order, Insurance Company preferred this appeal and stated that the motorcyclist had driven the vehicle in a rash and negligent manner and dashed the bus on the rear side. The Tribunal ought to have taken the contributory negligence on the part of the rider of the motorcycle. PW2-complainant stated that there is damage to the front portion of the motorcycle and left portion of the bus were damaged. As per IMV report motorcycle was not at all damaged at the back side. Deceased was aged 21 years, there is no proof of income, hence, the Tribunal has - 6 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 taken his income as Rs.8,000/- per month, which is on higher side. It should have been considered as Rs.6,000/- per month and future prospects is taken as 50% and it is erroneous. The multiplier is taken as '18'. Considering the age of the mother, love and affection and estate are granted on higher side. Therefore, appellant-Insurance Company requested for reduction of the compensation awarded to the claimants. In MFA 6372/2018 4. This appeal is filed by claimants for enhancement of the compensation and they stated that the deceased was a cook and he produced salary certificate and also evidence of employer but the Tribunal without considering the same has taken the income as Rs.8,000/-, which is on lower side, therefore, requested for enhancement of the compensation. 5. Perusal of the record shows that Ex.P17 is the Salary certificate. Ex.P18 is the Trade Licence. PW3 is examined as an employer. The deceased was aged 22 years. He studied I PUC as per Ex.P16. PW3 stated that deceased was working in their unit as a cook from two years and he was - 7 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 paying a salary of Rs. 10,000 per month. He was also doing catering business on his own and accordingly, he submitted salary certificate. In the cross-examination, it is stated that Basheer Ahmed was the Proprietor of City Caterers. He has not given any authorization to give the evidence. They have 8 labourers. They have not maintained any attendance register and wages register. Basheer Ahmed is still working with them but Syed Sadiq died about 2 and half years back. Ex.P18 was obtained after the death of Syed Sadiq and he issued Ex.P17. But he has not issued any salary certificate to other employees. They have not obtained any voucher. The evidence of PW2 clearly shows that he helped the claimants by issuing relevant certificates. He has not filed any relevant registers, therefore, the Tribunal rightly considered his notional income as Rs.8,000/- per month as he met with an accident in the year 2013, as per the chart prepared by Karnataka State Legal Services Authority and this Court finds no reason to interfere with the said order. The deceased was aged 22 years and the relevant multiplier is '18'. So he is entitled for 40% towards future prospects and 50% is to be deducted towards personal - 8 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 expenses as he is a bachelor. So loss of dependency comes to Rs.12,09,600/- (Rs.8,000+40%x12x18-50%). Petitioners No.1 and 2 are entitled for an amount of Rs.80,000/- (Rs.40,000/- to each of them) towards filial consortium and they are also entitled for Rs.30,000/- towards conventional heads. The total compensation comes to Rs.13,19,600/-. Compensation is reduced from Rs.15,21,000/- to Rs.13,19,600/-. 6. Thus in all, compensation awarded by this Court are as below: Sl. No. Particulars Amount in Rs. 1 Loss of dependency 12,09,600/- 2 Filial consortium 80,000/- 3 Conventional Heads 30,000/- TOTAL 13,19,600/- 7. In the result, the following order is passed: - 9 - HC-KAR CNR: KAHC010394332016 NC: 2026:KHC:39847 MFA No. 7595 of 2016 C/W MFA No. 6372 of 2018 ORDER (i) MFA No.7595/2016 filed by Insurance Company is allowed and MFA No.6372/2018 filed by the claimants is dismissed. (ii) The claimants are entitled to a sum of Rs.13,19,6200/- along with interest at 6% p.a., instead of Rs.15,21,000/- granted by the Tribunal, from the date of petition till the date of realization. (iii) Insurance Company deposited 50% of the compensation and they are directed to deposit balance compensation with interest at the rate of 6% within one month from the date of this order. (iv) On such deposit, petitioner No.2/mother is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 62