- 1 - HC-KAR NC: 2026:KHC:4616-DB MFA No. 681 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.681 OF 2021 (MV-D) BETWEEN: LEGAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., EAST WING, 5TH FLOOR, CENTENARY BUILDING, NO.28, M. G. ROAD, BANGALORE – 560 001. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. TEJASWINI G. R., W/O LATE R. MANJU @ MANJUNATH, D/O RAMAKRISHNAIAH, AGED ABOUT 26 YEARS, R/AT GERAHALLI VILLAGE, AJJANAHALLI POST, MAGADI TALUK, RAMANAGARA DISTRICT – 561 201. 2. RAMA, S/O LATE NAGAIAH, AGED ABOUT 59 YEARS, 3. MANGALA, - 2 - HC-KAR NC: 2026:KHC:4616-DB MFA No. 681 of 2021 W/O LATE RAMA, AGED ABOUT 53 YEARS, BOTH 2ND & 3RD RESPONDENT R/AT 140, GANGAMMA LAYOUT, NEAR GANGAMMA TEMPLE, GUDDADAHALLI, R T NAGAR POST, BENGALURU – 560 032. 4. ASHOKA, S/O GOVINDEGOWDA, NO.104, SUGGAPPA LAYOUT, LAGGERE, BENGALURU – 560 058. …RESPONDENTS (BY SRI. L.M.SOWRABA JEEVALA., ADVOCATE FOR R1; SRI. ANIL KUMAR A.S., ADVOCATE FOR SRI. C. PARAMESHWARAPPA, ADVOCATE FOR R2 & R3; NOTICE TO R4 D/W VIDE ORDER DATED 16.10.2025) *** THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 02.01.2020 PASSED IN MVC NO.7355/2016 AND TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:4616-DB MFA No. 681 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal has been filed impugning the judgment and award dated 02.01.2020 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, in M.V.C.No.7355/2016 [hereinafter referred to as the “Tribunal”]. 2. Mr.Pradeep B., learned counsel for the appellant/ Insurance Company does not challenge the award in respect of liability of the Insurance Company nor the income of the deceased. But he submits that the Tribunal has wrongly calculated the compensation towards loss of dependency. 3. The monthly income of the deceased has been taken ₹30,000/-, the deceased was 28 years of age, married and left behind widow and parents. On this income of ₹30,000/- per month, the loss of dependency would be ₹30,000/- plus 40% towards future prospects, which would be ₹42,000/- per month, divided by 1/3rd, for his - 4 - HC-KAR NC: 2026:KHC:4616-DB MFA No. 681 of 2021 personal expenses, it would come to ₹28,000/-. The multiplier of ‘17’ has to be applied, and thus, the loss of dependency would be ₹28,000/-x12x’17’, which would come to ₹57,12,000/-. The consortium for three persons i.e. spouse and parents would be ₹40,000/-x3 = ₹1,20,000/-. Loss of Estate of ₹15,000/- and transportation of dead body and funeral expenses of ₹15,000/- is awarded. 4. The learned counsel appearing for the respondent Nos.1 to 3/claimant Nos.1 to 3 does not dispute the aforesaid facts that the Tribunal has taken the monthly income of the deceased as ₹30,000/- at the relevant time. Thus, considering the aforesaid fact, we modify the award and re-calculate the compensation as under: Sl. No. Particulars Amount in ₹ 1 Loss of Dependency [₹28,000/- x 12 x’17’] 57,12,000/- 2 Loss of Consortium [₹40,000/-x3] 1,20,000/- 3 Loss of Estate 15,000/- 4 Transportation & Funeral expenses 15,000/- - 5 - HC-KAR NC: 2026:KHC:4616-DB MFA No. 681 of 2021 Total 58,62,000/- Less: compensation awarded by Tribunal 62,70,000/- Reduced compensation 4,08,000/- 5. Accordingly, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award dated 02.01.2020 in M.V.C.No.7355/2016 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, is modified to the extent stated hereinabove. iii. The respondent Nos.1 to 3/claimants are entitled for total compensation of Rs.58,62,000/- (Rupees Fifty Eight Lakh Sixty Two Thousand only) as against Rs.62,70,000/- awarded by the Tribunal. iv. In so far as liability is concerned, the Insurance Company is directed to deposit the entire compensation before the Tribunal - 6 - HC-KAR NC: 2026:KHC:4616-DB MFA No. 681 of 2021 together with interest at the rate of 8% per annum, from the date of the claim petition till the date of realization, within a period of eight weeks from today. v. Amount in deposit along with accrued interest thereon shall be transferred to the Tribunal for disbursement as per the award of the Tribunal. vi. No order as to costs. 6. In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off. The Registry is directed to send back the records along with the copy of this judgment to Tribunal, forthwith. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 23 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA