- 1 - HC-KAR NC: 2026:KHC:1817 MFA No. 4640 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4640 OF 2025(MV-D) BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD REGIONAL OFFICE NO.28 5TH FLOOR, CENTENARY BUILDING M.G ROAD, BENGALURU 560 001 …APPELLANT (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. KEMPANNA W/O ERAIAH @ THAMMAIAH AGED ABOUT 71 YEARS 2. PURUSHOTHAMMA M.E S/O ERAIAH@ TAMMAIAH AGED ABOUT 49 YEARS BOHT ARE R/AT MATTANAHALLI VILLAGE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1817 MFA No. 4640 of 2025 DODDARASINA KERE CHIKARASINA KERE HOBLI MADDUR TALUK MANDYA-571 422 3. DHANJAYA U.K S/O KRISHNEGOWDA #34, SPURTHI, G.FLOOR 2ND MAIN, BHUVANESHWARI NAGAR SITA CIRCLE KATTRAGUPPE B.S.K 3RD STAGE BENGALURU-560 085 …RESPONDENTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE FOR R1 & R2, VIDE ORDER DATED 25.06.2025, NOTICE TO R-3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2025 PASSED IN MVC NO. 4881/2021 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, COURT OF SMALL CAUSES, MEMBER, MACT-12, ADDITIONAL MACT, BENGALURU (SCCH- 12), AWARDING COMPENSATION OF RS. 18,58,500/- WITH INTEREST AT 6 PERCENT P.A. ON THE SAID AMOUNT FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT FROM RESPONDENTS. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:1817 MFA No. 4640 of 2025 ORAL JUDGMENT 1. This appeal is by the insurer against the judgment and award 06.03.2025 passed by the Tribunal in MVC.No.4881/2021, which has been filed by the mother and brother of one Ambarish M.E., seeking compensation of Rs.25,00,000/- for his death in an accident occurred on 06.10.2021. 2. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Ambarish M.E. The Tribunal has thereafter proceeded to award the following sums as compensation along with interest at the rate of 6% p.a. from the date of petition till the date of payment: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 16,87,500 2. Loss of love and affection 50,000 3. Loss of consortium to petitioner No.1 and 2 (Rs.44,000/- each) 88,000 - 4 - HC-KAR NC: 2026:KHC:1817 MFA No. 4640 of 2025 4. Loss of estate 16,500 5. Funeral expenses 16,500 Total 18,58,500 3. Aggrieved by the aforesaid award of compensation, the insurer is before this Court mainly contending that the amounts awarded by the Tribunal towards loss of love and affection and loss of consortium are excessive and it has to be reduced. 4. On the other hand, learned counsel for the claimants contended that the Tribunal has rightly awarded the compensation and the same does not require any interference at the hands of this Court. 5. Having heard the learned counsel for both the parties, this Court finds it reasonable to deduct a sum of Rs.1,00,000/- from to the total compensation awarded by the Tribunal. Thus, the total compensation to which the claimants are entitled is Rs.17,58,500/- along with interest - 5 - HC-KAR NC: 2026:KHC:1817 MFA No. 4640 of 2025 at 6% p.a. from the date of petition till the date of payment. 6. Since learned counsel for the insurer submits that 50% of the amount awarded has already been deposited before the concerned Tribunal, the insurer is directed to deposit the remaining amount of compensation awarded along with accrued interest before the concerned Tribunal within a period of one month from today. On such deposit, both the claimants are permitted to withdraw the compensation as per the award of the Tribunal. 7. The amount in deposit shall be transferred to the Tribunal. 8. Draw the modified award accordingly. The appeal is accordingly allowed in part. SD/- (P SREE SUDHA) JUDGE PKS List No.: 1 Sl No.: 69