- 1 - HC-KAR NC: 2026:KHC:2609 MFA No. 2597 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2597/2025 (MV-D) BETWEEN: MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, TRADE CENTER, OPPOSITE KSRTC BUS STAND, MYSURU CITY-570 001. ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 001. REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. G. C. SUMATHI W/O LATE J.CHANDRASHEKARA, AGED ABOUT 45 YEARS, 2. POOJA.C D/O LATE J. CHANDRASHEKARA, AGED ABOUT 21 YEARS, 3. C. GAMBHIRGOWDA S/O LATE J. CHANDRASHEKARA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2609 MFA No. 2597 of 2025 AGED ABOUT 18 YEARS, ALL ARE RESIDENT OF ELEKERE VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 427. 4. MAHAMMED FAROOQ S/O MAHAMMED KHASIM, ESLURU VILLAGE, SAKALESHAPURA TALUK, HASSAN DISTRICT-573 137. …RESPONDENTS (BY SRI. KENCHEGOWDA B M., ADVOCATE FOR R1 TO R3, V/O DTD:09.04.2025 NOTICE TO R4 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.11.2024 PASSED IN MVC NO.1228/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, AWARDING COMPENSATION OF RS.30,22,071/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988, to set aside the judgment and award dated 29.11.2024 passed in MVC No.1228/2021 on the file of the Senior Civil Judge and MACT, Pandavapura. - 3 - HC-KAR NC: 2026:KHC:2609 MFA No. 2597 of 2025 2. Heard the arguments of the learned counsel for the appellant and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The husband of the petitioner No.1 and the father of petitioner Nos.2 and 3, one J.Chandrashekara met with an accident on 26.08.2021 while riding his motorcycle bearing No.KA-11-Q-7310 along with his friend as pillion rider in order to go to his work, when J.Chandrashekara reached near Kalyanapura of K.R.Nagara Taluk on Hasana – Mysuru Main Road, the driver of Maruthi Omni bearing Registration No.KA-53-N-1504 came from opposite side drove it in rash and negligent manner and dashed to the motorcycle which J.Chandrashekara was riding. As a result, J.Chandrashekara fell down from the motorcycle and sustained grievous crushed and bleeding injuries to his right thigh and ankle. Soon after the accident, J.Chandrashekara was taken to K.R.Nagara Government Hospital, wherein first aid was provided. Later, J.Chandrashekara was shifted to D.R.M.Hospital, Mysuru - 4 - HC-KAR NC: 2026:KHC:2609 MFA No. 2597 of 2025 for further treatment but on 03.09.2021 he was succumbed to injuries in the said hospital. His wife, children and mother filed claim petition claiming compensation of Rs. 1 crore. The Tribunal considered the entire evidence on record and granted an amount of Rs.30,22,071/- along with interest at the rate of 6% p.a., from date of petition till realisation. 4. Aggrieved by the said order, Insurance Company preferred this appeal and mainly contended that the monthly income of the J.Chandrashekara was taken as Rs.24,113/- without any proper proof and they have not deducted the income tax and professional tax while calculating the loss of dependency and thus requested for modification of the order. The deceased J.Chandrashekara was aged 53 years and he was Class I Civil Contractor, holding license from Panchayath Raj Department and was earning Rs.40,000/- per month. He filed income tax returns as per the documents filed under Ex.P.23 and Ex.P.24. The Tribunal considered the entire documents on - 5 - HC-KAR NC: 2026:KHC:2609 MFA No. 2597 of 2025 record and considered his income as Rs.24,113/- per month. As the average income based on the Income Tax returns was considered by the court, the question of deducting the Professional Tax and other compulsory deductions does not arise. This court finds no reason to interfere with the income taken by the tribunal and the deceased was aged 53 years and the multiplier taken is ‘11’. The Tribunal rightly granted the loss of dependency of Rs.23,34,156/- and also granted reasonable amount under the other heads. This Court finds no reason to interfere with the order of the Tribunal and it is confirmed. Accordingly, this appeal is hereby dismissed. The amount already deposited before this court shall be transferred to M.A.C.T. The Insurance Company deposited 50% of the compensation and hence they are directed to deposit the balance amount within one month from the date of this order. - 6 - HC-KAR NC: 2026:KHC:2609 MFA No. 2597 of 2025 On such deposit petitioner No.1/wife of the deceased alone is permitted to withdraw the entire amount apportioned to her, along with interest accrued on the same. The amount apportioned for children to be kept in Fixed Deposit till they attained the age of majority. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 31