- 1 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4316 OF 2015 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 4321 OF 2015 (MV-D) IN MFA No. 4316/2015 BETWEEN: 1. TABASUM FARINA BANU WIFE OF LATE LIYAKATH ALIKHAN AGED ABOUT 45 YEARS 2. IRSHAD ALI KHAN S/O LATE LIYAKATH ALIKHAN AGED ABOUT 30 YEARS 3. RUMANA BANU D/O LATE LIYAKATH ALIKHAN AGED ABOUT 29 YEARS 4. SADIYA BANU D/O LATE LIYAKATH ALIKHAN AGED ABOUT 28 YEARS 5. RUBIYA BANU D/O LATE LIYAKATH ALIKHAN AGED ABOUT 26 YEARS 6. UMME HANI D/O LATE LIYAKATH ALIKHAN AGED ABOUT 23 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 APPELLANTS 1 TO 6 ARE RESIDING AT NO.456, II CROSS MYSORE ROAD, BYATARAYANAPURA BANGALORE -560 092 …APPELLANTS (BY SRI. MUJTABA H., ADVOCATE) AND: 1. NATIONAL INSURANCE CO. LTD., D.NO.8, LINGARAJU COMPLES (ABOVE FOOD WORLD) NO.9, GANDHI BAZAR MAIN ROAD BASAVANAGUDI BANGALORE -560 004 2. K.SHIVANNA S/O KADE GOWDA AGED MAJOR RESIDING AT NO.77 R LINE POLICE QUARTERS MYSORE ROAD (CIRCLE) BANGALORE -560 018 …RESPONDENTS (BY SRI. H.R.RENUKA, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O/D: 26/03/2021) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.2.2015 PASSED IN MVC NO.4579/2008 ON THE FILE OF THE 18TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 IN MFA NO. 4321/2015 BETWEEN: NATIONAL INSURANCE COMPANY LTD., D.NO.8, LINGARAJU COMPLEX (ABOVER FOOD WORLD) NO.9, GANDHI BAZAR MAIN ROAD BASAVANAGUDI BANGALORE -560 004 BY ITS REGIONAL OFFICE NO.144, SUBBRAM COMPLEX M.G. ROAD BANGALORE -560 001 BY ITS REGIONAL MANAGER ...APPELLANT (BY SMT. RENUKA H.R., ADVOCATE) AND: 1. TABUSUM FARINA BANU W/O LATE LIYAKATH ALIKHAN AGED ABOUT 45 YEARS 2. IRSHAD ALI KHAN S/O LATE LIYAKATH ALI KHAN AGED ABOUT 30 YEARS 3. RUMANA BANU ALI KHAN D/O LATE LIYAKATH ALI KHAN AGED ABOUT 29 YEARS 4. SADIYA BANU ALI KHAN D/O LATE LIYAKATH ALI KHAN AGED ABOUT 28 YEARS 5. RUBIYA BANU ALI KHAN D/O LATE LIYAKATH ALI KHAN AGED ABOUT 26 YEARS - 4 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 6. UMME HANI D/O LATE LIYAKATH ALI KHAN AGED ABOUT 23 YEARS PETITIONER NO.1 TO 6 ARE R/O NO.456, II CROSS MYSORE ROAD BYATARAYANAPURA BANGALORE -560 026 7. K.SHIVANNA S/O KADE GOWDA ADULT NO.77, LINE POLICE QUARTERS MYSORE ROAD (CIRCLE) BANGALORE -560 018 ...RESPONDENTS (BY SRI. H MUJTABA, ADVOCATE FOR R1 TO R6) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.2.2015 PASSED IN MVC NO.4579/2008 ON THE FILE OF THE 18TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BENGALURU, AWARDING A COMPENSATION OF RS.10,62,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.4579/2008 dated 21.02.2015 passed by XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Bangalore, both the insurance company as well as the claimants are before this court. The claimant's appeal is MFA No.4316/2015 and the insurance company's appeal is MFA No.4321/2015. 2. The Tribunal has awarded the compensation as per the table given below: Sl. No Heads Compensation Awarded 1. Loss of dependency Rs.10,12,500/- 2. Transportation of the dead body and funeral expenses Rs.10,000/- 3. Loss of consortium to the Petitioner No.1 Rs.20,000/- 4. Loss of estate Rs.20,000/- TOTAL RS.10,62,500/- 3. Learned counsel appearing for the appellant/insurance company submits that the Tribunal had considered even the major children as dependents, instead of deducting 1/4th, the Tribunal ought to have deducted 1/3rd towards personal expenses. Further, the age was considered as 40 years when the children are about 23 years, it could have been not considered - 6 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 the age at 40 and multiplier 15 is not correct. On all these counts the compensation needs to be reduced. It is submitted that the Tribunal ought to have taken Rs.4,500/- instead of that Rs.5,000/- is taken. 50% future prospects are considered where it has to be 40%. 4. Learned counsel appearing for the respondents/ claimants submits that on all the counts, the compensation needs to be enhanced and under the conventional heads compensation awarded is not just and reasonable. 5. Having heard the learned counsels on either side, perused the entire material on record. This accident had taken place in the year 2008, hence this court is taking the income at Rs.4,500/-. As per the postmortem certificate he is 40 years old hence, this court is inclined to take 15 as multiplier and future prospects at 40% it would come to Rs.1,800/- . The total income comes at Rs.6,300/- (Rs.4,500/-= Rs.1,800/-). Coming to the dependency all are the daughters, though majors are unmarried, they are dependents on the father hence, 1/4th has to be deducted then it comes to Rs.1,575/-, it would come to Rs.4,725/- (Rs.6,300/- - Rs.1,574/-) Then his contribution to the - 7 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 family would comes to Rs.8,50,500,/-(Rs.4,725x12x15). Hence, towards loss of dependency this Court is granting an amount of Rs.8,50,500/-. As there are 6 dependents towards loss of consortium this Court is granting an amount of Rs.2,88,000/- (Rs.48,000x6). Towards Funeral expenses this Court is granting an amount of Rs.36,000/-. 6. In the light of the law laid down by the Hon’ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1 , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. Rs.10,12,500/- 8,50,500/- 2. Funeral expenses Rs. Rs.20,000/- 36,000/- 3. Loss of consortium (six dependants) Rs. Rs.20,000/- 2,88,000/- 4. Loss of estate Rs. Rs.20,000/ - 00/- 5. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 10,62,500/- 11,84,500/- 1(2014) 11 SCC 178 - 8 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 8. Altogether, the claimant is entitled for compensation of an amount of Rs.11,84,500/-. 9. Accordingly, the appeal filed by the insurance company MFA.No.4321/2015 is partly allowed and the appeal of the claimant MFA.No.4316/2015 is partly allowed by enhancing the compensation from an amount of Rs.10,62,500/- to Rs.11,84,500/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the amount as per the award. iv. The amount in deposit shall be forthwith transferred to the tribunal. - 9 - HC-KAR NC: 2026:KHC:21336 MFA No. 4316 of 2015 C/W MFA No. 4321 of 2015 v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 26