- 1 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 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. 3654/2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 8117/2024 (MV-D) IN MFA No. 3654/2024: BETWEEN: LEGAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., 5TH FLOOR, CENTENARY BUILDING, NO. 28, M G ROAD, BANGALORE – 560 001. …APPELLANT (BY SRI. B PRADEEP., ADVOCATE) AND: 1. SMT. PREMA ANAND HUNASAGI W/O LATE ANAND HUNASAGI, AGED ABOUT 23 YEARS, 2. KUMARI RACHITHA D/O LATE ANAND HUNASAGI, AGED ABOUT 3 YEARS, 3. SMT NEELAGANGAMMA AMARAPPA HUNASAGI W/O LATE AMARAPPA AGED ABOUT 72 YEARS, SINCE 2ND RESPONDENT IS MINOR WILL BE REPRESENTED BY HER MOTHER, NATURAL GUARDIAN THE 1ST RESPONDENT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 SMT. PREMA ANAND HUNASAGI RESPONDENTS NO.1 TO 3 ARE RESIDING AT NO. 6, LAKKUNDI VILLAGE, NAVADAGI POST, MUDDEBIHAL TALUK, VIJAYAPURA DISTRICT - 586 214. 4. SRI PUTTAIAH D S/O LATE DODDANARASAPPA, R/AT VENKATAPURA VILLAGE AND POST, KORATAGERE TALUK, TUMKUR DISTRICT. …RESPONDENTS (BY SRI. RANGEGOWDA N R., ADVOCATE FOR R1 AND R2) (R2 MINOR REP. BY R1), SRI. K.R. RAMESH, ADVOCATE FOR R4, R3 - NEELAGANGAMMA AMARAPPA -SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2024 PASSED IN MVC NO. 6247/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-16), AWARDING COMPENSATION OF RS. 29,78,577/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 8117/2024: BETWEEN: 1. SMT PREMA ANAND HUNASAGI W/O LATE ANAND HUNASAGI NOW AGED ABOUT 23 YEARS 2. KUMARI RACHITHA D/O LATE ANAND HUNASAGI NOW AGED ABOUT 3 YEARS 3. SMT. NEELAGANGAMMA AMARAPPA HUNASAGI S/O LATE AMARAPPA - 3 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 NOW AGED ABOUT 72 YEARS APPELLANT NO.2 IS SINCE MINOR REP. BY HIS N/G MOTHER I.E., APPELLANT NO.1 ALL ARE RESIDING AT NO.6 LAKKUNDI VILLAGE, NAVADAGI POST MUDDEBIHAL TALUK VIJAYAPURA DISTRICT-586 214. ...APPELLANTS (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. RELIANCE GENERAL INS CO. LTD., REP. BY THE MANAGER R/AT 5TH FLOOR, CENTENERY BUILDING M G ROAD, BENGALURU -01. 2. SRI PUTTAIAH D S/O LATE DODDANARASAPPA AGED MAJOR R/AT VENKATAPURA VILLAGE AND POST KORATAGERE TALUK TUMAKUR DISTRICT ...RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1, V/O DTD: 19.01.2026 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.02.2024 PASSED IN MVC NO.6247/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT M.F.A. No.3654 of 2024 is filed by insurance company and M.F.A. No.8117 of 2024 is filed by the claimants against the judgment and award dated 27.02.2024 passed by of the X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, in MVC No.6247 of 2022. 2. One Anand Hunasagi met with an accident on 15.08.2022 and subsequently died. His wife, daughter and mother filed claim petition claiming compensation of Rs.40,00,000/-. The Tribunal considered the entire evidence and granted an amount of Rs.29,78,577/- with interest at the rate of 6% per annum from date of petition till realisation. 3. Aggrieved by the said order, the claimants preferred MFA No.8117 of 2024 and mainly contended that the deceased was working as a driver and earning Rs.30,000/- per month. But, the Tribunal has taken Rs.15,500/- per month only and the meagre compensation was granted under conventional Heads. Interest is to be granted at the rate of 9% per annum. Thus, requested for enhancement of compensation. - 5 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 4. Insurance company has also preferred an appeal in MFA No.3654 of 2024 and they contended that the Tribunal ought to have taken minimum wages instead of Rs.15,500/- per month. Tribunal has erroneously granted 40% towards future prospects. The entire negligence is fixed on the driver of the insured goods vehicle and the deceased Anand Hunasagi also contributed for the negligence in causing the accident. Thus, requested for reduction of the compensation. 5. The claimants and insurance company, both, have disputed the quantum of compensation only. 6. Heard the learned counsel for both sides. 7. Though petitioners have stated that the deceased was earning Rs.30,000/- per month, they have not produced any income proof. The learned counsel for the insurance company contended that the claimants filed driving licence under Exhibit P16 and he was having transport licence and thus, his income is to be considered on higher side. But they have not examined the authorized persons or filed any document to prove the income. Therefore, this Court finds it reasonable to take the notional income of Rs.15,500/- as he met with an accident in - 6 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 the year 2022. He was aged 35 years and the multiplier is 16. The deceased is entitled for 40% towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi1 and also one third is to be deducted towards personal expenses as per the guidelines of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation2. Thus, the loss of dependency comes to Rs.27,77,600/- (15,500 + 40% - 1/3rd x 12 x 16). 8. Further, as per the guidelines of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the case of United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, the 1st petitioner is entitled for Rs.44,000/- towards spousal consortium, the 2nd petitioner is entitled for Rs.44,000/- for parental consortium and the 3rd petitioner is entitled for 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 7 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 Rs.44,000/- for filial consortium. Rs.33,000/- is awarded under conventional heads, as per the guidelines of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi5. Tribunal granted Rs.20,977/- towards medical expenses and it is confirmed. Thus, the total compensation comes to Rs.29,63,577/-. In all, the compensation is reduced from Rs.29,78,577/- to Rs.29,63,577/-. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 27,77,600/- 2. Loss of Consortium 1,32,000/- 3. Towards conventional heads 33,000/- 4. Medical expenses 20,977/- Total 29,63,577/- 10. In the result, the following order is passed: (i) M.F.A. No.3654 of 2024 filed by the insurance company is allowed in part. M.F.A. No.8117 of 2024 filed by the claimants is dismissed. 5 (2017) 16 SCC 680 - 8 - HC-KAR NC: 2026:KHC:2894 MFA No. 3654 of 2024 C/W MFA No. 8117 of 2024 (ii) The award of compensation passed by the Tribunal in a sum of Rs.29,78,577/- is reduced to Rs.29,63,577/-. (iii) The claimants are entitled for the total compensation of Rs.29,63,577/- with interest at 6% p.a. from the date of petition till the date of realization. (iv) The insurance company has already deposited 50% of the compensation before the Tribunal. Therefore, they are directed to pay the balance compensation along with the interest at 6% per annum within one month from the date of this order. (v) On such deposit, except the minor, the other claimants are permitted to withdraw the amount along with interest accrued on it, as per the apportionment made by the Tribunal. (vi) The amount in deposit is to be transferred to the MACT. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 57