- 1 - HC-KAR NC: 2026:KHC:4108-DB MFA No. 637 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MFA NO. 637 OF 2020 (MV-D) BETWEEN: THE HDFC ERGO GENERAL INSURANCE COMPANY LTD., NO 25/1 BUILDING NO 2 II FLOOR, SHANKARANARAYANA BUILDINGS M G ROAD BENGALURU - 560 001 BY ITS MANAGER (L) …APPELLANT (BY SRI. LINGARAJ H S., ADVOCATE) AND: 1. R RAMACHANDRAPPA NOW AGED ABOUT 61 YEARS S/O CHIKKARAMAIAH 2. RATHANAMMA NOW AGED ABOUT 55 YEARS W/O R RAMACHANDRAPPA BOTH ARE R/A NIDAGATTA VILLAGE DASARAHALLI POST HOSAKOTE TALUK BANGALORE RURAL DISTRICT - 562 114 3. M/S SRI BALAJI STONES CRUSHER HERADA KOTHURU VILLAGE TEKAL HOBLI, MALUR TALUK KOLAR DISTRICT - 562 104 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4108-DB MFA No. 637 of 2020 …RESPONDENTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE FOR R1 & R2; R3 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.18.06.2019 PASSED IN MVC NO.4369/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, BENGALURU, AWARDING COMPENSATION OF RS.43,40,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the appellant - insurance company impugning the award dated 18.06.2019, passed by the Motor Accident Claims Tribunal And Vth Additional Judge SCCH-20, Mayo Hall Unit, Bengaluru (hereinafter referred to as ‘MACT’ for short) in MVC No.4369/2018. - 3 - HC-KAR NC: 2026:KHC:4108-DB MFA No. 637 of 2020 2. The deceased Harish, died in a road traffic accident while he was driving TATA ACE No.KA-53-C-8360 on Bangarpet-Tekal Main Road, near Rampura Gate, Bangarpet which met with an accident with a tipper lorry bearing registration No.KA-53-D-3488. The deceased died on the spot. The tipper lorry was insured with the appellant – insurance company on which entire liability has been fixed. 3. Mr.H.S.Nagaraj, learned counsel for the appellant – insurance company has impugned the award only on the ground that the monthly income of the deceased taken at Rs.30,000/- per month is without any basis. He has further submitted that the bank statement of the deceased for the period from 01.01.2017 to 26.07.2018 has been taken into consideration to come to the conclusion that the deceased would have been earning atleast Rs.30,000/-. He submits that even if it is believed that the deceased had received the amount as mentioned in the statement of the bank account, he would have - 4 - HC-KAR NC: 2026:KHC:4108-DB MFA No. 637 of 2020 incurred expenses for running the alleged transport business. It is further submitted that if he was earning Rs.30,000/- per month, he should have filed the income tax returns, but no income tax returns were filed or produced. 4. It is further submitted that the interest awarded at 9% per annum is much more than the statutory interest at 6% per annum and that as there was no sufficient proof for the monthly income, notional income at Rs.12,500/- per month should have been taken by the Tribunal to calculated the damages / compensation. 5. We have considered the submissions. The bank statements of the deceased from 01.01.2017 to 26.07.2018 were produced to show that he was not a coolie or a labourer or an unemployed person. He was doing business and he was earning a good amount, he may not be paying the income tax, but the Tribunal considering the receipts for the month of June’2018, which - 5 - HC-KAR NC: 2026:KHC:4108-DB MFA No. 637 of 2020 was for a sum of Rs.56,617/- had taken only at Rs.30,000/- as the monthly income in the preceding month of the death of the deceased. We do not find that the income Rs.30,000/- taken by the Tribunal to assess the loss of dependency requires any interference and therefore, we do not wish to interfere with the ‘loss of dependency’, assessed by the Tribunal. 6. We also note that no consortium was awarded to the claimants, even though the deceased was survived by his parents, and therefore, we award a sum of Rs.80,000/- (Rs.40,000 x 2) towards loss of consortium. Thus, the claimants are entitled for compensation as follows: 1. Loss of Dependency : Rs. 43,09,200/- 2. Loss of Estate : Rs. 15,000/- 3. Funeral and Obsequies ceremonies : Rs. 15,000/- 4. Loss of consortium : Rs. 80,000/- TOTAL : Rs. 44,19,200/- - 6 - HC-KAR NC: 2026:KHC:4108-DB MFA No. 637 of 2020 7. The Tribunal has granted interest at 9% per annum, which is higher than the statutory rate of interest awarded, thus we reduce the rate of interest at 6% per annum. 8. Therefore, we modified the impugned award and grant of compensation of Rs.44,19,200/-, along with 6% interest from the date of filing of the claim petition till the date of realization. The amount in deposit before this Court shall be remitted back to the concerned Tribunal, for disbursement as per the award. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE JJ List No.: 1 Sl No.: 14