- 1 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.6157 OF 2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.2636 OF 2017(MV-D) IN MFA NO.6157/2013: BETWEEN: M/S SHRIRAM GENERAL INSURANCE COMPANY LIMITED, S/5, 3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, SHIVAJINAGAR, BANGALORE REP BY ITS ASSISTANT LEGAL MANAGER …APPELLANT [BY SRI A N KRISHNA SWAMY, ADVOCATE (PH)] AND: 1. SMT.VEENA THRILOKESH T S W/O LATE THRILOKESH T.S. NOW AGED ABOUT 37 YEARS 2. T. KEERTI KUMAR S/O THRILOKESH T.S. NOW AGED ABOUT 16 YEARS MINOR, REP BY MOTHER/ NATURAL GUARDIAN 1ST PETITIONER Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 BOTH ARE R/AT D.NO.55, 6TH CROSS, 1ST STAGE, GOKULAM, MYSORE - 570 001. 3. SMT.LALITHAMMA W/O LATE SUBRAMANYA B.N. NOW AGED AOBUT 76 YEARS R/AT D. NO.48, 1ST MAIN ROAD, KALYANANAGAR, MOODALAPALYA, BANGALORE - 560 043. 4. LINGARAJU S/O MAHADEVAPPA NOW AGED ABOUT 39 YEARS R/AT MADAPURA VILLAGE & POST, CHAMARAJANAGAR TALUK AND DISTRICT - 571 313. (DRIVER OF BUS REG.NO.KA-10-2091) 5. R.SHIVAKUMAR S/O LATE N.RAJASHETTY MAJOR, R/AT BEHIND VHP SCHOOL COURT ROAD, CHAMARAJANAGAR - 571 313 (OWNER OF BUS REG.NO.KA-10-2091) 6. THE ORIENTAL INSURANCE CO. LTD. GIRISH COMPLEX, 1ST FLOOR, AGRAHAR STREET, CHAMARAJNAGAR, BRANCH OFFICE AT MUSLIM HOSTEL BUILDING, SARASWATHIPURAM, MYSORE - 570 001. …RESPONDENTS [BY SRI N.K.SIDDESWARA, ADVOCATE FOR R1 & R2 (PH); SRI K.S. KALLESHAPPA, ADVOCATE FOR R4 & R5 (AB); SMT.HARINI SHIVANANDA, ADVOCATE FOR R6 (PH); V/O DATED 07.12.2018 NOTICE TO R3 IS D/W] - 3 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.9.2012 PASSED IN MVC NO.774/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK CORUT-2, MEMBER, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF RS.12,88,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DISPOSAL. IN MFA NO.2636/2017: BETWEEN: 1. SMT.VEENA THRILOKESH T S W/O LATE THRILOKESH B.S., NOW AGED ABOUT 41 YEARS 2. T. KEERTI KUMAR S/O THRILOKESH B.S., AGED ABOUT 20 YEARS BOTH ARE R/AT D.NO.55, 6TH CROSS, 1ST STAGE, GOKULAM, MYSORE - 570 002. …APPELLANTS [BY SRI N.K.SIDDESWARA, ADVOCATE (PH)] AND: 1. LINGARAJU S/O MAHADEVAPPA NOW AGED ABOUT 43 YEARS R/AT MADAPURA VILLAGE & POST, CHAMARAJANAGAR TALUK AND DISTRICT - 571 313. (DRIVER OF BUS REG.NO.KA-10-2091) - 4 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 2. R.SHIVAKUMAR S/O LATE N.RAJASHETTY MAJOR, R/AT BEHIND VHP SCHOOL COURT ROAD, CHAMARAJANAGAR - 571 313 (OWNER OF BUS REG.NO.KA-10-2091) 3. THE ORIENTAL INSURANCE CO. LTD. GIRISH COMPLEX, AGRAHAR STREET, CHAMARAJNAGAR, BRANCH OFFICE AT MUSLIM HOSTEL BUILDING, SARASWATHIPURAM, MYSORE - 570 009 REP BY ITS THE BRANCH MANAGER. 4. SRI RAM GENERAL INSURANCE CO.LTD., S/5, 3RD FLOOR MONARCH CHAMBER INFANTRY ROAD, SHIVAJINAGAR, BANGALORE - 560 001. REP BY ITS THE BRANCH MANAGER. …RESPONDENTS [BY SRI K.S. KALLESHAPPA, ADVOCATE FOR R2 (AB); SMT.HARINI SHIVANANDA, ADVOCATE FOR R3 (PH); SRI A.N.KRISHNA SWAMY, ADVOCATE FOR R4 (PH); NOTICE TO R1 - SERVED & UNREPRESENTED] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.9.2012 PASSED IN MVC NO.774/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK CORUT-2, MEMBER, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF RS.12,88,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DISPOSAL. - 5 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 13.09.2012 passed by Fast Track Court-II and Additional Motor Accident Claims Tribunal, Mysore ('Tribunal' for short) in MVC no.774/2011, these appeals are filed. 2. Sri A.N. Krishna Swamy, learned counsel for appellant submitted that appellant was insurer of TATA Ace - Milk Van bearing registration no.KA-09/B-2092. Alleging that at 1:45 p.m. on 14.02.2011, one Trilokesh was driving Milk Van no.KA-09/B-2092 from Racecourse side towards Nazarbad by observing traffic rules, when driver of Bus no.KA-10/2091 drove it from opposite side and dashed against Milk Van and causing death of Trilokesh. Claiming compensation, MVC no.774/2011 was filed by wife, son and mother of Trilokesh (deceased). In said claim petition, owner/insurer of Bus and insurer of TATA Ace - Milk Van were arrayed as parties. - 6 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 3. On appearance, though appellant - insurer opposed claim petition, specifically contending that accident in question was due to negligence of deceased himself was owner/insured and claim petition was untenable, appellant was not liable to pay compensation as insurance subscribed to was only Act liability policy and Tribunal erred in holding drivers of both vehicles negligent to extent of 50% each and fastening 50% liability upon appellant. Aggrieved thereby, MFA no.6157/2013 was filed. 4. On other hand, Sri Siddeswara N.K., learned counsel for claimants would oppose insurer's appeal. He submitted even claimants had also filed MFA no.2636/2017 challenging finding of Tribunal on negligence and for enhancement of compensation. It was submitted that accident in question occurred on 28 feet wide road running North to South, when Bus coming from North to South on a downward incline dashed against TATA Ace of deceased proceeding uphill from South to North. Though deceased was driving Milk Van on left side of road and complaint sought to be filed later, Tribunal held negligence against deceased at 50% based on spot - 7 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 panchanama and sketch got prepared as per instructions of driver of other vehicle. Therefore, there was error insofar as finding on negligence. On quantum, it was submitted that as on date of accident, deceased was 45 years of age, dealer of milk products and driver/owner of TATA Ace and claimed his monthly income at Rs.25,000/-. 5. It was submitted, Tribunal erred in not considering proper monthly income. It was submitted that as per Ex.P9 - total transaction of dealership for calendar year of 2010 exceeded Rs.1 Crore and Ex.P10 - Loan account extract of vehicle would indicate that he was regular in payment of instalments of Rs.7,500/- per month. Tribunal erred in taking deceased age as 46 years, income at Rs.12,000/- per month, without adding future prospects, awarded Rs.12,88,000/- towards loss of dependency. Further, Tribunal erred in not award adequate compensation under conventional heads. On said grounds sought for enhancement. 6. On other hand, Smt.Harini Shivananda, learned counsel for insurer of Bus would oppose claimant's appeal. It - 8 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 was submitted, accident spot panchanama as well as sketch would clearly indicate that accident occurred when vehicle of deceased was on its wrong side and therefore, there was no substance in challenge on negligence. On quantum, it was submitted that claimants had failed to examine author of Ex.P9 and etc. Therefore, Tribunal had rightly assessed income on notional basis and there was no scope for modification. 7. Heard learned counsel, perused impugned judgment, award and record. 8. These appeals are by insurer and claimants. Main ground of challenge of impugned award is that deceased was owner/insured and claim petition was not maintainable and insurance policy issued was Act liability policy and fastening of liability by holding 50% negligence against insured. 9. It is seen specific ground regarding nature of insurance policy is urged in memorandum of appeal. Moreover, claimants in their appeal produced copy of insurance policy issued by appellant along with IA no.1/2017, which would indicate it as Package policy with additional premium paid for - 9 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 limited liability to owner/driver. But a claim petition by insured against own insurer would not sustain. Thus, to said extent contention of appellant - insurer stands vindicated. 10. Insofar as claimants' appeal, it is seen that accident occurred on 28 feet wide road with TATA Ace proceeding from South to North and Bus moving downhill from North to South. Exs.P3 and P4 - spot panchanama and sketch would indicate that accident occurred when TATA Ace crossed centre line of road and was on its wrong side. Contents of Motor Vehicle Inspector's report would also corroborate manner of occurrence of accident. There are no eye witnesses examined either by claimants or insurer. In view of above, finding of Tribunal apportioning negligence against deceased and driver of Bus at 50% cannot be stated to be contrary to material on record. Therefore, finding on apportionment of negligence is confirmed. 11. Insofar as quantum, claimants stated that deceased was earning Rs.25,000/- per month from dealership of Nandini Milk. To substantiate same, they produced Statement of transactions for period from 01.01.2010 to 31.12.2010, which - 10 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 is immediately preceding accident on 14.02.2011 and can be taken as a guide. Besides, Ex.P10 is Loan account extract of TATA Ace vehicle, showing deceased was regular in payment of instalments of Rs.7,500/- per month. 12. While passing impugned award, Tribunal has assessed income on notional basis taking note of payment of loan instalments, which does not appear to be appropriate. Even if dealers margin is considered @ 5%, from transaction indicated in Ex.P9 income would far exceed monthly income claimed. But after deducting fuel and such other, overheads of business would appear appropriate to accept monthly income as claimed at Rs.25,000/- per month. Though, age of deceased is claimed to be 45 years by referring to date of birth in driving license, since deceased was more than 45 years of age, adoption of multiplier of '13' by Tribunal would be justified. However, so also in case of deduction of 1/3rd towards personal expenses. 13. But Tribunal erred in not adding future prospects. Hon'ble Supreme Court in case of National Insurance - 11 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 Company Limited v. Pranay Sethi, reported in (2017) 16 SCC 680 held in case of self-employed aged above 40 years, future prospects at 25% has to be added. Thus, monthly income of deceased would be Rs.25,000/- X 25% X (2/3) X 12 X 13 = Rs.32,49,948/-. 14. Claimants are wife, son and mother. Though, mother has died after award, as per decision of Hon'ble Supreme Court in case of Kirti and Anr. v. Oriental Insurance Co. Ltd., reported in (2021) 2 SCC 166 compensation has to be awarded by taking note of claimants as on date of accident. 15. Apart from above, claimants would be entitled for Rs.40,000/- each towards spousal, filial and parental consortium i.e. Rs.40,000/- X 3 = Rs.1,20,000/-. Apart from same, they would collectively be entitled for Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses i.e., Rs.30,000/-. As per decision in Pranay Sethi's case (supra), they would also be entitled for addition of 10% every 3 years. Since more than 6 years have lapsed, 20% of - 12 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 Rs.1,50,000/- = Rs.30,000 to be added to award under conventional heads. Thus, total compensation would be Rs.34,29,948/-. 16. Since apportionment of negligence to extent of 50% is sustained against deceased, claimants would be entitled for 50% of award against insurer of Bus i.e. respondent no.6 - Oriental Insurance Co. Ltd., with interest at 6% per annum from date of award till deposit, excluding period of 1563 days being delay in filing appeal by claimants. 17. In view of above, I pass following: ORDER i. MFA no.6157/2013 is allowed, amount in deposit is ordered to be refunded to appellant. ii. MFA no.2636/2017 is allowed-in-part. iii. Taking note of death of claimant no.3 - mother, enhanced amount is ordered to be apportioned between claimants no.1 and 2 to extent of 50% each. iv. Entire enhanced amount is ordered to be released in favour of claimant no.1. v. 25% of enhanced amount apportioned in favor of claimant no.2 is ordered to be released, with scope for seeking release of remaining - 13 - HC-KAR CNR: KAHC010524512013 NC: 2026:KHC:48290 MFA No. 6157 of 2013 C/W MFA No. 2636 of 2017 amount if required for higher studies or marriage purposes. vi. Liberty is reserved to claimant to seek for compensation or reimbursement as per terms of insurance policy in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 14