- 1 - HC-KAR NC: 2026:KHC:3495 MFA No. 7844 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7844 OF 2015 (WC) BETWEEN: ICICI LOMBARD GIC LTD., REGIONAL OFFICE, RAJALAKSHMI ARCAD, NO.228/15, 9TH MAIN ROAD, 22ND CROSS, 3RD BLOCK, JAYANAGAR BANGALORE-11, NOW REP BY ITS LEGAL MANAGER, ICICI LOMBARD GIC LTD., # 89, 2ND FLOOR, SVR COMPLEX, HOSUR MAIN ROAD, BANGALORE-68 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. CHANDRAKALA M.S W/O LATE D DEVANDRA, NOW AGED ABOUT 35 YEARS, 2. KRISHNA D S/O LATE D DEVENDRA, NOW AGED ABOUT 6 YEARS, SINCE RESPONDENT NO.2 IS MINOR, HENCE REPRESENTED BY HIS MOTHER NATURAL GUARDIAN RESPONDENT NO.1, BOTH ARE R/AT NO. 507, B.E.L. COLONY, NAGALAND JALAHALLI POST, DODDABOMMASANDRA, BANGALORE-97 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3495 MFA No. 7844 of 2015 3. SRI SATYAVELU NO.150, KAVERI BLCOK, POLICE QUARTERS, KORAMANGALA, BANGALORE-34, 4. SMT JAYAMMA W/O LATE DORAISWAMY.M. NOW AGED ABOUT 63 YEARS, R/AT NO.142, VIDYARANYAPURA POST, DODDABOMMASANDRA, BANGALORE-97 …RESPONDENTS (BY SRI. A RAM MOHAN FOR R4., ADVOCATE(ABSENT), R2 MINOR REP. BY R1, V/O/DTD:04.06.2018, NOTICE TO R1 AND R3 H/S, R1- CHANDRAKALA M S AND R3-SATYAVELU) THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE JUDGMENT AND AWARD DATED:4.7.2015 PASSED IN ECA.NO.414/2014 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDG, 33RD ACMM, MEMBER, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.7,47,600/- WITH INTEREST @ 12% P.A. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is present. 2. In spite of passing over the matter till afternoon, learned counsel for respondents has not appeared before Court - 3 - HC-KAR NC: 2026:KHC:3495 MFA No. 7844 of 2015 even at 4.05 p.m. Hence, the matter is taken up for disposal and disposed of by this judgment. 3. Heard the arguments of learned counsel for the appellant. 4. This appeal is filed against the judgment and award of the dated 04.07.2015 passed by VIII Additional Small Causes Judge and MACT, Bengaluru in E.C.A. No.414 of 2014. One Devendra, aged about 39 years, met with an accident on 01.03.2009 and died. The wife and son of deceased filed claim petition claiming compensation of Rs.12,00,000/-. The Tribunal, considering the entire evidence on record, granted compensation of Rs.7,47,600/- with interest at 12% per annum after 30 days from the date of incident till realisation. 5. Aggrieved by the said order, the insurance company has preferred this appeal and mainly contended that the Tribunal has taken the wages of the Devendra as Rs.8,000/- per month, but actually, he met with an accident in the year 2009 and his wages had to be taken as Rs.4,000/- per month - 4 - HC-KAR NC: 2026:KHC:3495 MFA No. 7844 of 2015 as per the Minimum Wages Act, and thus, requested for reduction of the compensation. 6. Admittedly, Devendra met with an accident on 10.03.2009 and died, but the Tribunal has wrongly relied upon the Government Order dated 10.08.2010 and taken the monthly wages of the deceased as Rs.8,000/- instead of Rs.4,000/-. The deceased was aged 39 years and the relevant factor is 186.90. So, as it is a case of death, 50% of Rs.4,000/- is to be considered for the purpose of calculation and it should be multiplied with the relevant factor. So, the compensation comes to Rs.3,73,800/- (2,000 x 186.90). He is also entitled for Rs.5,000/- towards funeral expenses, and the total compensation comes to Rs.3,78,800/-. Thus, the total compensation is reduced from Rs.7,47,600/- to Rs.3,78,800/- with interest at the rate of 12% per annum after 30 days from the date of accident till the realisation. 7. In the result, the appeal is allowed. The claimants are entitled for the total compensation of Rs.3,78,800/- with interest at the rate of 12% per annum after 30 days from the date of accident till the realisation, as against the amount of - 5 - HC-KAR NC: 2026:KHC:3495 MFA No. 7844 of 2015 Rs.7,47,600/- awarded by the Tribunal. The appellant- Insurance company has already deposited the awarded amount before the tribunal and therefore, they are entitled for the refund of excess amount, if any. The claimants are permitted to withdraw the entire amount as per the apportionment made in the award. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 76