- 1 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 4833 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3080 OF 2018 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 1050 OF 2022 (MV-D) IN MFA No. 4833/2022 BETWEEN: 1. SRI. K. VIRUPAKSHAPPA S/O. SRI. RUDRAPPA AGED ABOUT 64 YEARS 2. SMT. RAJAMMA W/O SRI. K. VIRUPAKSHAPPA AGED ABOUT 59 YEARS BOTH THE APPELLANST NO.1 & 2 ARE R/O BHARAMASAGAR CHITRADURGA TALUK CHITRADURGA DISTRICT – 577 522. …APPELLANTS (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 AND: 1. SRI. C N SHIVAKUMARAPPA S/O SRI. NANDIBASAPPA AGED ABOUT 42 YEARS RC OWNER OF THE LORRY NO.KA-01/AD-5535 R/O KODAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 526. 2. SMT. NALINI INSURER OF LORRY NO.KA-01/AD-5535 R/O DOOR NO.4/89 VENKATARAMAN STREET NAGARASAMPATTI VILLAGE PANCHAMPALLI KRISHNAGIRI TALUK TAMILNADU STATE – 635 001. 3. THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., E-8, RIICO INDUSTRIAL AREA SITAPUR, JAIPUR RAJASTAN RAJASTAN – 302 022. 4. SMT. B S MALA W/O K B MANJUNATH AGED ABOUT 32 YEARS R/O DOOR NO.3988/29 ANNAPOORNA NILAYA NEAR SUBHASCHANDRA BOSE STADIUM - 3 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 S S LAYOUT, ‘A’ BLOCK DAVANAGERE – 577 004. 5. SRI RANGASWAMY S/O SHIVAPPA AGED ABOUT 38 YEARS DRIVER OF LORRY NO.KA-16/A-8263 R/O UPPANAYAKANAHALLI CHANAGIRI TALUK DAVANGERE DISTRICT – 577 552. 6. SRI. KUMARANNA @ SHIVAKUMARAPPA S/O SRI. NANDIBASAPPA AGED ABOUT 42 YEARS RC OWNER OF LORRY NO.KA-16/A-8263 R/O KODAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 526. …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R3; SRI. K T GURUDEVA PRASDA, ADVOCATE FOR R4; SMT. SPOORTHY HEGDE N, ADVOCATE FOR R6; R1 & R2 ARE SERVED AND UNREPRESENTED; NOTICE TO R5 IS D/W, V/O DATED 20/8/25) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2018 PASSED IN MVC NO. 447/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA AND ETC., - 4 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 IN MFA NO. 3080/2018 BETWEEN: 1. THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, RIICO INDUSTRIAL AREA SITAPUR, JAIPUR RAJASTHAN BY SHRIRAM GENERAL INSURANCE CO. LTD., 5/4, 3RD CROSS S V ARCADE BELAKANAHALLI MAIN ROAD OPP: BANNERAGHATTA MAIN ROAD II M.B.POST, BANGALORE – 560 076. BY ITS MANAGER ...APPELLANT (BY SRI. O MAHESH, ADVOCATE) AND: 1. K VIRUPAKSHAPPA AGED 64 YEARS S/O RUDRAPPA 2. RAJAMMA AGED 59 YEARS W/O K VIRUPAKSHAPPA BOTH ARE R/O BHARAMASAGARA, CHITRADURGA TALUK 3. C N SHIVAKUMARAPPA - 5 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 AGED ABOUT 42 YEARS S/O NANDIBASAPPA R/O KODAGAVALLI, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 501. (OWNER OF KA-01-AD-5535) (OWNER OF KA-16-A-8263) 4. NALINI MAJOR DOOR N.4/89, VENKATARAMAN STREET, NAGARASAMAATTI VILLAGE PANCHAMAPALLI KRISHNAGIRI TALUK,, TAMILANDU STREET – 600 112. (INSURED OF LORRY) 5. SMT. B S MALA AGED 32 YEARS W/O K B MANJUNATHA DOOR NO.3988/29 ANNAPOORNA NILAYA NEAR SUBHASHCHANDRA BOSE STADIUM S S LAYOUT, A BLOCK DAVANAGERE – 577 004. 6. KUMARANNA @ SHIVAKUMARAPPA AGED ABOUT 42 YEARS S/O NANDIBASAPPA R/O KOAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 501. (OWNER OF KA-16-A-8263) - 6 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 ...RESPONDENTS (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE FOR R1 & R2; SRI. N R RANGEGOWDA, ADVOCATE FOR R6; SRI. K T GURUDEVA PRASAD, ADVOCATE FOR R5; R3 & R4 ARE SERVED AND REPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2018 PASSED IN MVC NO.447/2014 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT-4, CHITRADURGA AND ETC., IN MFA NO. 1050/2022 BETWEEN: 1. SMT B S MALA W/O K B MANJUNATH AGED ABOUT 36 YEARS, DOOR NO 3988/29 ANNAPOORNA NILAYA NEAR SUBASHCHANDRABOSE STADIUM S S LAYOUT ‘A’ BLOCK, DAVANAGERE – 577 004. ...APPELLANT (BY SRI. GURUDEV PRASAD K T, ADVOCATE) AND: 1. K VIRUPAKSHAPPA S/O RUDRAPPA AGED ABOUT 68 YEARS - 7 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 2. SMT RAJAMMA W/O K VIRUPAKSHAPPA AGED ABOUT 63 YEARS, BOTH ARE RESIDENTS OF BRAMASAGARA CHITRADURGA TALUK – 577 519. 3. SRI. C.N. SHIVAKUMARAPPA S/O. NANDIBASAPPA AGED ABOUT 46 YEARS, R C OWNER OF THE LORRY BEARING NO KA-01 AD-5535 RESIDING AT KODAGAVALLI HOLALAKERE TALUK CHITRADURGA DISTRICT – 577 526. 4. SMT. NALINI DOOR NO 4/89 VENKATARAM STREET NAGARASAMPATTI VILLAGE PANCHAMPALLI KRISHNAGIRI TALUK TAMILNADU STATE – 508 284. 5. THE MANAGER SRIRAM GENERAL INSURANCE CO. LTD., E-8, R11CO, INDUSTRIAL AREA SITAPUR, JAIPUR RAJASTHAN – 302 022. 6. RANGASWAMY S/O SHIVAPPA AGED ABOUT 42 YEARS, DRIVER OF LORRY BEARING NO. KA 16 A-8263 - 8 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 R/O UPPANAYAKANAHALLI CHANNAGIRI TALUK – 577 213. 7. KUMARANNA @ SHIVAKUMARAPPA S/O NANDIBASAPPA AGED ABOUT 46 YEARS, OWNER OF LORRY BEARING NO. KA-16A-8263 R/A KODAGAVALLI HOLALAKERE TALUK CHITRADURGA DISTRICT – 577 526. ...RESPONDENTS (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE FOR R1 & R2; R5 IS SERVED AND UNREPRESENTED; NOTICE TO R3, R4, R6 & R7 ARE D/W. V/O. DATED 20/8/25) THIS MFA FILED IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.01.2018 PASSED IN MVC NO.447/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA AND ETC., THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 9 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) These appeals have been filed by the appellants–claimants and the respondent–Insurance Company respectively. IN MFA No.4833/2022 2. This appeal has been filed by the appellants who are the parents of the deceased. The Tribunal has passed a judgment and award dated 02.01.2018 in MVC.No.447/2014, wherein, the Tribunal has awarded a sum of Rs.13,72,201/- with interest at the rate of 6% per annum. Being aggrieved by the same, they are seeking for enhancement. IN MFA.No.3080/2018 3. This appeal is filed by the Insurance Company challenging the quantum. - 10 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 IN MFA.No.1050/2022 4. This appeal has been filed by the appellant/respondent No.4 Smt. B.S. Mala, she is the wife of the deceased. No order has been passed in respect of the respondent No.4/appellant before the Trial Court. Hence, this appeal has been filed for compensation. 5. The ranks of the parties in the Trial Court henceforth, will be considered as per their rankings in the Trial Court for convenience. Factual matrix of the case: 6. The case of the claimants is that Sri.K.V.Manjunath was proceeding on his motor cycle bearing registration No. KA-16-X-7009 on the left side of the road near Kasturibanagar, Channagiri Taluk, Davanagere District. While he was proceeding on the road, the driver of the lorry bearing registration No.KA-01-AD-5535 drove the said lorry in a rash and - 11 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 negligent manner with high speed and dashed the motor cycle from its hind side. Consequently, the rider of the motor cycle sustained severe injuries and he was shifted to the hospital for treatment. During the course of the said treatment, he has died at Basaveshwara Medical Hospital, Chitradurga. 7. Heard learned counsel for the respective parties. 8. It is contended by the learned counsel for the appellants in MFA.No.4833/2022 that, the Tribunal has wrongly considered the income of Rs.6,000/- per month, instead of taking Rs.25,000/- per month. On the other heads namely loss of love and affection, loss of estate, transportation of dead body and funeral expenses have not been considered properly. Therefore, it has to be modified and enhanced in order to secure the ends of justice. - 12 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 9. In MFA.No.3080/2018, the respondent No.3/appellant has preferred the appeal challenging the liability and quantum. 10. In MFA.No.1050/2022, it is stated that the parents of the deceased has made certain allegations against the wife that she had deserted the deceased and living separately, the fact remains that mere staying away from the husband/deceased would not sufficient to keep her away from availing the benefit of compensation. Therefore, the appeal has to be allowed and award has to be distributed as per the Hindu Succession Act. 11. Heard learned counsel for the respective parties and perused the loss of dependency head passed by the Tribunal, We deem it appropriate to modify the same in such a way that instead of taking the income of Rs.6,000/- per month, We have enhanced it to Rs.8,000/- and also added 40% of the future prospectus and deducted 1/3rd after having considered the law laid down by the Hon’ble Supreme Court. Further, We have granted - 13 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 Consortium Rs.40,000/- each for three persons and enhanced Rs.15,000/- in addition to the award granted by the Tribunal in respect of loss of estate. 12. In view of the modified calculation, the compensation would be determined as per the table mentioned below: Sl. No. Particulars Amount (Rupees) 1. Towards loss of dependency (8,000 + 40% = 11,200 – 1/3 = 7467 x 12 x 16) 14,33,664/- 2. Towards Consortium (40,000 x 3) 1,20,000/- 3. Towards loss of estate 30,000/- TOTAL 15,83,664/- (Rupees Fifteen Lakh Eighty Three Thousand Six Hundred Sixty Four Only) 13. In view of the observations made above, We partly allow MFA.No.4833/2022 and MFA.No.1050/2022 holding that the Tribunal has committed error in rejecting the claim made by the wife of the deceased in the absence - 14 - HC-KAR NC: 2026:KHC:2763-DB MFA No. 4833 of 2022 C/W MFA No. 3080 of 2018 MFA No. 1050 of 2022 of proper evidence to substantiate that she had deserted her husband. Accordingly, We modified the compensation. i) All the claimants are entitled for equal shares in the compensation modified and awarded by this Court. ii) As regards the appeal filed by the Insurance Company is concerned, on going through the pleadings of the appeal memo, We do not find any material to interfere with the grounds urged by the Insurance Company in respect of quantum and liability. Therefore, the appeal deserves to be dismissed. Ordered accordingly. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 18